Agenda packet — Mayor and City Council, February 2, 2022 (part 3 of 3)

DBA GK and Associates (All Wards)
Recommendation
Adopt Resolution No. 2022-16 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with EC&AM Associates, Inc., dba GK and Associates, extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000.

Background
Annually, the Mayor and City Council of the City of San Bernardino approve a Five-Year Capital Improvement Plan (“CIP”) establishing priority projects to be implemented.

Approved CIP includes projects in the general buildings, parks, street improvements, storm drain, streetlights and traffic signals, police, and landfill categories. The Engineering Division of the Public Works Department is responsible for planning and implementing the City’s CIP, which consists of the design and construction of roads, bridges, buildings, grading, drainage, landscaping, ADA access ramps, and other public improvements.

On December 4, 2019, the Mayor and City Council adopted Resolution No. 2019-343 approving the Professional Services Agreement with EC&AM Associates, Inc., dba GK and Associates to provide on-call engineering plan check and Public Works inspection services for CIP Projects. The agreement was approved for one year with two single year extensions. The contract was extended once administratively without Council action and expired on December 3, 2021.

Discussion
A Professional Services Agreement (“Agreement”) with EC&AM Associates, Inc., dba GK and Associates, to provide on call engineering plan check and public works Inspection services for Capital Improvement Projects will expire on December 3, 2021.

At this time, the services provided have exhausted the initial amount of $100,000 and additional funding of $200,000 is necessary to continue works in progress. EC&AM Associates, Inc., dba GK and Associates is providing staff augmentation for Public 16 Packet Pg. 690
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Works inspection services for several critical CIP projects including the 2nd Street Bridge Replacement over Warm Creek, Kendall Drive Slope Rehabilitation, 5th Street Senior Center Kitchen-Phase 2, and several street rehabilitations projects. Staff is recommending the execution of a First Amendment to Professional Services Agreement with EC&AM Associates, Inc., dba GK and Associates to extend the contract to December 31, 2022, and increase Purchase Order 2021-381 to an amount not-toexceed $300,000 to continue to provide project management services for CIP projects until the expiration of contract on December 31, 2022.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No.1d: Financial Stability - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving infrastructure throughout the City
Fiscal Impact
There is no General Fund impact associated with this action. Sufficient funds are available in the current CIP budget to absorb the contract amount.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-16, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with, EC&AM Associates, Inc., dba GK and Associates, extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000.

Attachments
Attachment 1 Resolution No. 2022-16;
Attachment 2 Resolution No. 2022-16; Exhibit A
Attachment 3 Professional Services Agreement with EC&AM Associates, Inc., dba GK and Associates
Attachment 4 Resolution No. 2019-343
Attachment 5 Contract Extension
Ward: All
Synopsis of Previous Council Actions:

December 4, 2019, The Mayor and City Council adopted Resolution No. 2019-343, approving PSA for on call engineering plan check and public works Inspection services for Capital Improvement Projects.
16 Packet Pg. 691
Resolution No. 2022-16
Resolution 2022-16
February 2, 2022

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RESOLUTION NO. 2022-16

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE EXECUTION OF AMENDMENT NO.
1 TO PROFESSIONAL SERVICES AGREEMENT WITH
EC&AM ASSOCIATES, INC., DBA GK & ASSOCIATES,

EXERCISING THE SECOND ONE-YEAR EXTENSION

OPTION AND INCREASING THE TOTAL CONTRACT
AMOUNT TO $300,000
WHEREAS, on December 4, 2019, the Mayor and City Council adopted Resolution No. 2019-343 approving a Professional Services Agreement with EC&AM Associates, Inc., dba GK & Associates (“GK & Associates”) to provide on call engineering plan check and public works Inspection for Capital Improvement Projects (“Agreement”); and WHEREAS, the Agreement granted the City two one-year extension options; and WHEREAS, on December 3, 2020, the City exercised its first of the two one-year extension options, extending the term of the Agreement through December 3, 2021; and WHEREAS, the City and GK & Associates desire to exercise the second one-year extension option and amend the Agreement to increase the not-to-exceed amount to $300,000 in order to provide funding for work previously performed during the option terms and to provide additional funds for the continued performance of services in accordance with the compensation provisions of the Agreement.

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

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

SECTION 2. The Mayor and City Council hereby authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement with EC&AM Associates, Inc., dba GK & Associates, attached hereto as Exhibit “A”, exercising the second oneyear extension option and increasing the total not-to-exceed amount to $300,000.

SECTION 3. The Mayor and City Council hereby authorize the Finance Director to amend the purchase order for EC&AM Associates, Inc., dba GK & Associates, increasing the notto-exceed amount to $300,000.

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

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Packet Pg. 692 Attachment: Attachment 1 - Resolution No. 2022-16 Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates (All Resolution No. 2022-16
Resolution 2022-16
February 2, 2022

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

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2
nd day of February 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Packet Pg. 693 Attachment: Attachment 1 - Resolution No. 2022-16 Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates (All Resolution No. 2022-16
Resolution 2022-16
February 2, 2022

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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. 2022-16, adopted at a regular meeting held on the 2 nd day of February 2022 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 3 rd day of February 2022.

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 694 Attachment: Attachment 1 - Resolution No. 2022-16 Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates (All

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Packet Pg. 695 Attachment: Attachment 2 - Resolution No. 2022-16; Exhibit A [Revision 3] (8640 : Amendment No. 1 to Agreement with EC&AM Associates, Inc.

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Packet Pg. 696 Attachment: Attachment 2 - Resolution No. 2022-16; Exhibit A [Revision 3] (8640 : Amendment No. 1 to Agreement with EC&AM Associates, Inc.

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Packet Pg. 697 Attachment: Attachment 2 - Resolution No. 2022-16; Exhibit A [Revision 3] (8640 : Amendment No. 1 to Agreement with EC&AM Associates, Inc.

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Packet Pg. 698 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1

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Packet Pg. 709 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1

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Packet Pg. 710 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1

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Packet Pg. 711 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1

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Packet Pg. 712 Attachment: Attachment 4 - Resolution 2019-343 (8640 : Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates

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Packet Pg. 713 Attachment: Attachment 4 - Resolution 2019-343 (8640 : Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates

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Packet Pg. 714 Attachment: Attachment 5 - Contract Extension (8640 : Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure Engineers (All Wards)
Recommendation
Adopt Resolution No. 2022-17 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000.

Background
Annually, the Mayor and City Council of the City of San Bernardino approve a Five-Year Capital Improvement Plan (CIP) establishing priority projects to be implemented.

Approved CIP includes projects in the general buildings, parks, street improvements, storm drain, streetlights & traffic signals, police, and landfill categories. The Engineering Division of the Public Works Department is responsible for planning and implementing the City’s CIP, which consists of the design and construction of roads, bridges, buildings, grading, drainage, landscaping, ADA access ramps, and other public improvements.

On December 4, 2019, the Mayor and City Council adopted Resolution No. 2019-343 approving Professional Services Agreement (PSA) with Advanced Applied Engineering, Inc. dba Infrastructure Engineers to provide on call engineering plan check and public works inspection services for Capital Improvement Projects. The agreement was approved for one year with two single year extensions. The contract was extended once, administratively, without Council action, and is set to expire on December 31, 2021.

Discussion
Currently, Advanced Applied Engineering, Inc. dba Infrastructure Engineers is providing staff augmentation for Public Works inspection services for several critical CIP projects including several street rehabilitations projects. In addition to providing plan check comments to the BNSF Ono Project.

Staff is recommending the execution of a First Amendment to Professional Services 17 Packet Pg. 715
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Agreement (“First Amendment”) with Advanced Applied Engineering, Inc., dba Infrastructure Engineers, Inc., to extend the contract to December 31, 2022. Staff is also recommending an increase to Purchase Order 2021-381 to an amount not-to-exceed $300,000, in order for Advanced Applied Engineering, Inc. to continue to provide project inspection and plan check services for CIP projects until the expiration of the contract on December 31, 2022.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No.1d: Financial Stability - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving infrastructure throughout the City.

Fiscal Impact
There is no General Fund impact associated with this action. Sufficient funds are available in the current CIP budget to absorb the contract amount.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-17, authorizing the execution of Amendment No. 1 to Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers, extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000.

Attachments
Attachment 1 Resolution No. 2022-17;
Attachment 2 Resolution No. 2022-17; Exhibit A
Attachment 3 Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers
Attachment 4 Resolution No. 2019-343
Attachment 5 Contract Extension
Ward: All
Synopsis of Previous Council Actions:

December 4, 2019 Mayor and City Council adopted Resolution No. 2019-343, approving Professional Services Agreement for on call engineering plan check and Public Works inspection services for Capital Improvement Plan Projects.
17 Packet Pg. 716
Resolution No. 2022-17
Resolution 2022-17
February 2, 2022

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RESOLUTION NO. 2022-17

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE EXECUTION OF AMENDMENT NO.
1 TO PROFESSIONAL SERVICES AGREEMENT WITH
ADVANCED APPLIED ENGINEERING, INC., DBA

INFRASTRUCTURE ENGINEERS, EXTENDING THE
CONTRACT TERM TO DECEMBER 31, 2022, AND

INCREASING THE TOTAL CONTRACT AMOUNT TO
$300,000
WHEREAS, on December 4, 2019, the Mayor and City Council adopted Resolution No. 2019-343 approving a Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers (the “Agreement”) to provide on call engineering plan check and public works inspection for Capital Improvement Projects; and WHEREAS, the Agreement granted the City two one-year extension options; and WHEREAS, on December 3, 2020, the City exercised the first of the two one-year extension options, extending the term through December 3, 2021; and WHEREAS, when the agreement was awarded on December 3, 2019, staff requested $100,000, but should have requested $100,000 for each year for three years, totaling $300,000 if both options were taken; and
WHEREAS, the City and Advanced Applied Engineering, Inc. dba Infrastructure Engineers desires to amend the Agreement to extend the contract term to December 31, 2022 and modify the not-to-exceed amount to $300,000 in order to provide funding for work previously performed during the option terms and to provide additional funds for the continued performance of services in accordance with the compensation provisions of the Agreement.

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

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

SECTION 2. The Mayor and City Council hereby authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers., attached hereto as Exhibit “A”, to extend the contract to December 31, 2022, in an amount not-to-exceed $300,000.

SECTION 3. The Mayor and City Council hereby authorize the Finance Director to amend the purchase order for Advanced Applied Engineering, Inc. dba Infrastructure Engineers, increasing the not-to-exceed amount to $300,000.

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Packet Pg. 717 Attachment: Attachment 1 - Resolution No. 2022-17 Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure Engineers Resolution No. 2022-17
Resolution 2022-17
February 2, 2022

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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 2
nd day of February 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Packet Pg. 718 Attachment: Attachment 1 - Resolution No. 2022-17 Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure Engineers Resolution No. 2022-17
Resolution 2022-17
February 2, 2022

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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. 2022-17, adopted at a regular meeting held on the 2 nd day of February 2022 by the
following vote:

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 719 Attachment: Attachment 1 - Resolution No. 2022-17 Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure Engineers AMENDMENT NO. 1 TO

AGREEMENT FOR PROFESSIONAL SERVICES WITH
ADVANCED APPLIED ENGINEERING, INC. D/B/A INFRASTRUCTURE

ENGINEERS
This Amendment No. 1 to the Professional Services Agreement for project management services is made and entered into as of February 2, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Advanced Applied Engineering, Inc., a California corporation, d/b/a Infrastructure Engineers (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” A. WHEREAS, the City and Consultant have entered into an agreement dated December 4, 2019, for the purpose of providing project management services (the “Master Agreement”); and
B. WHEREAS, on December 3, 2020, the City exercised its first of two oneyear extension options, extending the term through December 3, 2021; and C. WHEREAS, the Parties now desire to exercise the second one-year extension option and amend the Master Agreement in order to increase the total not-toexceed compensation in order to provide: (1) funding for work previously performed and (2) 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. Pursuant to Section 6 of the Master Agreement, the second oneyear extension option is hereby exercised, extending the term of the Master Agreement through December 31, 2022.

3. Compensation. The total not-to-exceed compensation shall be increased by Two Hundred Thousand Dollars ($200,000), thereby increasing the total not-to-exceed compensation of the Master Agreement to the amount of Three Hundred Thousand Dollars ($300,000). Work shall be performed at the rates set forth in the Master Agreement.

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance

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Packet Pg. 720 Attachment: Attachment 2 - Resolution No. 2022-17; Exhibit A [Revision 2] (8641 : Amend No. 1 to Agree. W/Advanced Applied Engineering, provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

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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Packet Pg. 721 Attachment: Attachment 2 - Resolution No. 2022-17; Exhibit A [Revision 2] (8641 : Amend No. 1 to Agree. W/Advanced Applied Engineering,

SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH ADVANCED APPLIED ENGINEERING, INC. D/B/A INFRASTRUCTURE

ENGINEERS
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:

Robert D. Field,
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Advanced Applied Engineering, Inc.,
dba Infrastructure Engineers
Signature
Name
Title

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Packet Pg. 722 Attachment: Attachment 2 - Resolution No. 2022-17; Exhibit A [Revision 2] (8641 : Amend No. 1 to Agree. W/Advanced Applied Engineering,

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Packet Pg. 723 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree.

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Packet Pg. 724 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree.

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Packet Pg. 725 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree.

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Packet Pg. 726 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree.

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Packet Pg. 730 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree.

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Packet Pg. 731 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree.

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Packet Pg. 735 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree.

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Packet Pg. 736 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree.

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Packet Pg. 737 Attachment: Attachment 4 - Resolution 2019-343 (8641 : Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure

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Packet Pg. 738 Attachment: Attachment 4 - Resolution 2019-343 (8641 : Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure

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Packet Pg. 739 Attachment: Attachment 5 - Contract Extension (8641 : Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: First Amendment to the PSA with Kabbara Engineering (Wards 3, 6)
Recommendation
Adopt Resolution No. 2022-18 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the First Amendment to the Professional Services Agreement with Kabbara Engineering for Pepper Avenue Rehabilitation Capital Improvement Plan (CIP) Project;

2. Approving the appropriation of funds in the amount of $6,120 from the Measure I Fund to Pepper Avenue Rehabilitation CIP Project; and

3. Approving an increase to Purchase Order No. 2021-792 in the amount of $6,120 for a total amount of $241,031.

Background
The City of Rialto and the City of San Bernardino share jurisdiction of several streets located where the cities border each other. The segment of Pepper Avenue between Baseline Road and Mill Street is an example of one of these areas of shared roadway jurisdiction. At this location the City owns the east half of the street and Rialto owns the west half.

This segment of Pepper Avenue was previously identified in the City’s approved Pavement Management Analysis as having a remaining service life of 2 years and in need of immediate rehabilitation. The project, in general, will consist of but not limited to pavement rehabilitation; grind 1 ½ “ to 2” of existing asphalt at Pepper Avenue between Baseline Road and Mill Street for total of approximately 2 miles, repair damaged portion and overlay with new asphalt and restripe. This project will also include replacement of damaged curb and gutter and sidewalk within the project limits.

On May 6, 2020, the Mayor and City Council adopted Resolution No. 2020-80 approving the Cooperative Agreement with the City of Rialto for Pepper Avenue Rehabilitation from Baseline Road to Mill Street.
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On June 24, 2020, the Mayor and City Council approved Resolution No. 2020-128 adopting the City’s Annual Operating Budget for Fiscal Year 2020/21. The budget included Capital Improvement Plan (CIP) SS20-010 project Pepper Avenue Rehabilitation from Baseline Road to Mill Street Project and established $200,000 in Measure I (Fund 129) to support Pepper Avenue Rehabilitation Project. Currently $198,057 is available for the project.

On February 17, 2021, Mayor and City Council awarded a Professional Services Agreement with Kabbara Engineering for engineering design services for CIP Project SS20-010.

Discussion
Staff is requesting that the Mayor and City Council approve the First Amendment to the agreement with Kabbara Engineering for the purpose of additional design services that are needed for CIP Project SS20-010. The additional scope of work for the Project is attached hereto as Exhibit A.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1: Financial Stability by leveraging existing resources to provide needed improvements at Pepper Avenue for safer and better traffic flow, ADA access for pedestrian safety and enhance services to the community.

Fiscal Impact
No General Fund impacts are associated with this request. An additional $6,120 will be appropriated from Measure I and will be allocated to the project account.

Estimated Project Cost
Design Contract $ 234,911
Project Management $ 11,789
First Amendment Increase $ 6,120
Total Estimated Project Cost $ 252,820
Project Funding
Measure I Available Funding
(Account No. 129-160-8713) $ 246,700
Additional Measure I Allocation $ 6,120
Total Available Funding $ 252,820
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-18:

1. Approve the First Amendment to the Professional Services Agreement with Kabbara Engineering for Pepper Avenue Rehabilitation Capital Improvement Plan (CIP) Project;

2. Approving the appropriation of funds in the amount of $6,120 from the Measure I Fund to Pepper Avenue Rehabilitation CIP Project; and

3. Approving an increase to Purchase Order No. 2021-792 in the amount of $6,120 for a total amount of $241,031.

Attachments
Attachment 1 Resolution No. 2022-18
Attachment 2 Resolution No. 2022-18; Exhibit A - First Amendment to the PSA with Kabbara Engineering
Attachment 3 Proposed Additional Design Services
Attachment 4 Resolution 2021-034 and Original PSA with Kabbara Engineering Wards: 3, 6
Synopsis of Previous Council Actions:

February 17, 2021 Mayor and City Council adopted Resolution No. 2021-034 authorizing the Director of Finance to appropriate an additional $49,122 from Measure I Fund No. 129 to Pepper Avenue
Rehabilitation from Baseline Road to Mill Street Project; and authorizing the City Manager to execute a PSA with Kabbara Engineering in the amount of $234,911.

June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128 approving Capital Improvement Program FY 2020/21.

May 6, 2020 Mayor and City Council adopted Resolution No. 2020-80 approving the Cooperative Agreement with the City of Rialto FOR Pepper Avenue Rehabilitation from Baseline Road to Mill Street Project.

June 19, 2019 Adopted Resolution No. 2019-168 approving Capital Improvement Program FY 2019/2020
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Resolution No. 2022-18
Resolution 2022-18
February 2, 2022

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RESOLUTION NO. 2022-18

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH

KABBARA ENGINEERING FOR PEPPER

REHABILTATION CAPITAL IMPROVEMENT PLAN (CIP)
PROJECT; APPROVING THE APPROPRIATION OF
FUNDS IN THE AMOUNT OF $6,120 FROM THE MEASURE

I FUND TO PEPPER AVENUE REHABILITATION CIP
PROJECT; AND APPROVING AN INCREASE TO
PURCHASE ORDER NO. 2021-792 IN THE AMOUNT OF
$6,120 FOR A TOTAL AMOUNT OF $241,031
WHEREAS, the City of San Bernardino, California and the City of Rialto, California share jurisdiction of Pepper Avenue from Baseline Road to Mill Street and it is in need of rehabilitation; and
WHEREAS, the Mayor and City Council approved Resolution No. 2020-80 approving a Cooperative Agreement with the City of Rialto for Pepper Avenue Rehabilitation from Baseline Road to Mill Street (“PROJECT”); and
WHEREAS, the Mayor and City Council approved Resolution No. 2020-128 adopting the City’s Annual Operating Budget for Fiscal Year 2020/21, which included Capital Improvement Plan (CIP) SS20-010 Pepper Avenue Rehabilitation from Baseline Road to Mill Street, and established a budget of $200,000 in Measure I Fund No. 129; and WHEREAS, in November, 2020 the City released a Request for Proposals (RFP) to provide design services and prepare plans and specifications for the project, resulting in six submittals; and
WHEREAS, Kabbara Engineering, received superior ratings and was selected to provide design services and prepare plans, specifications and cost estimate (PS&E) for the Project with a total fee of $234,911; and
WHEREAS, on February 17, 2021, Mayor and City Council awarded a Professional Services Agreement with Kabbara Engineering for engineering design services for CIP Project SS20-010; and
WHEREAS, the City and Kabbara Engineering desire to amend the Agreement to modify the not-to-exceed amount to $241,031 in order to provide additional work to Pepper Avenue Rehabilitation Project.

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Packet Pg. 744 Attachment: Attachment 1 - Resolution No. 2022-18 First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) [Revision 1] (8716 :

Resolution No. 2022-18
Resolution 2022-18
February 2, 2022

Page 2 of 4 ends

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

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

SECTION 2. The City Manager is hereby authorized to execute a First Amendment to the Professional Services Agreement with Kabbara Engineering, attached hereto and incorporated herein as Exhibit “A”, and execute any supporting documents to increase the not-to-exceed amount to $241,031.

SECTION 3. Mayor and City Council hereby authorize the Director of Finance to appropriate $6,120 from Measure I Fund No. 129 to Pepper Avenue Rehabilitation from Baseline Road to Mill Street Project, Account No. 129-160-8713 and increase Purchase Order No. 2021- 792 in the amount of $6,120 for a total amount of $241,031.

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 2
nd day of February 2022.

John Valdivia, Mayor
City of San Bernardino

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Packet Pg. 745 Attachment: Attachment 1 - Resolution No. 2022-18 First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) [Revision 1] (8716 :

Resolution No. 202
2-18
Resolution 2022-18
February 2, 2022

Page 3 of 4 ends

Attest:

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

Sonia Carvalho, City Attorney

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Packet Pg. 746 Attachment: Attachment 1 - Resolution No. 2022-18 First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) [Revision 1] (8716 :

Resolution No. 2022-18
Resolution 2022-18
February 2, 2022

Page 4 of 4 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. 2022-18, adopted at a regular meeting held on the 2 nd day of February 2022 by the
following vote:

Genoveva Rocha, CMC, City Clerk

18.a
Packet Pg. 747 Attachment: Attachment 1 - Resolution No. 2022-18 First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) [Revision 1] (8716 :

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

WITH KABBARA ENGINEERING
This First Amendment to the Professional Services Agreement for is made and entered into as of February ___, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Kabbara Engineering, a sole proprietorship (“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 February 17, 2021, for the purpose of providing professional services for the Pepper Avenue Rehabilitation from Baseline Road to Mill Street project (the “Master Agreement”).

B. WHEREAS, the Parties now desire to amend the Master Agreement in order to clarify the term of the Master Agreement, include additional services for traffic signal modifications and to include additional funds for the performance of the additional services.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this First Amendment 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. Services. The Services, as that term is outlined in the Master Agreement, shall be amended to include additional professional services required for the design of traffic signal modifications at the intersections of Mill Street and Rialto Avenue with Pepper Avenue, as more fully described in Exhibit “A”, attached to this First Amendment and incorporated herein by reference. These additional services shall be billed at the rates set forth in Exhibit “A”.

3. Amendment to Recital A of the Master Agreement. Recital A of the Master Agreement shall be revised to read as follows:
“A. City is a public agency of the State of California and is need of professional services for the following project:

Design Services for Pepper Avenue Rehabilitation from Baseline Road to Mill Street (hereinafter referred to as “the Project”)”

4. Amendment to Section 6 – Term of the Master Agreement. Section 6 – Term of the Master Agreement shall be revised to read as follows:

18.b
Packet Pg. 748 Attachment: Attachment 2 - Resolution No. 2022-18 Exhibit A; First Amendment to the PSA with Kabbara Engineering (8716 : First Amendment “6. Term. This Agreement shall commence on the Effective Date (February 17, 2021) and continue through the completion of services as set forth in Exhibit “A” or until December 30, 2024, whichever occurs earlier, unless the Agreement is previously terminated as provided for herein (“Term”).”

5. Amendment to Section 4(b) of the Master Agreement. The first sentence of Section 4(b) of the Master Agreement shall be revised to read as follows:
“b. In no event shall the total amount paid for services rendered by the Consultant under this Agreement exceed the sum of $241,031 for the entire Term of this Agreement.”

6. Full Force. Except as amended by this First Amendment, 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 First Amendment.

7. Electronic Transmission. A manually signed copy of this First Amendment 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 First Amendment for all purposes. This First Amendment may be signed using an electronic signature.

8. Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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Packet Pg. 749 Attachment: Attachment 2 - Resolution No. 2022-18 Exhibit A; First Amendment to the PSA with Kabbara Engineering (8716 : First Amendment

18.b
Packet Pg. 750 Attachment: Attachment 2 - Resolution No. 2022-18 Exhibit A; First Amendment to the PSA with Kabbara Engineering (8716 : First Amendment EXHIBIT “A”

SCOPE OF SERVICES/COMPENSATION
[ATTACHED]

18.b
Packet Pg. 751 Attachment: Attachment 2 - Resolution No. 2022-18 Exhibit A; First Amendment to the PSA with Kabbara Engineering (8716 : First Amendment 601 N. Parkcenter Drive, Suite 205, Santa Ana, CA 92705 T (714) 744-9400 www.kabbara.net 1 November 23, 2021
City of San Bernardino
Public Works Department
290 North D St
San Bernardino, CA 92401
Attention: Mr. Alex Qishta, PE, Public Works Director/City Engineer Subject: Proposal for Additional Professional Design Services for Pepper Avenue Street Rehabilitation Project CIP No. SD20-010
Dear Mr. Qishta:

Attached herewith for your review and consideration is our fee proposal per the attached scope of work and man-hour fee schedule for the Additional Professional Engineering services requested for design of traffic signal modifications at the intersections of Mill Street and Rialto Avenue with Pepper Avenue, as required for the installation of new pedestrian push buttons for ADA compliance. The additional design and construction plans, specifications and estimates for this traffic signal work will be performed by our traffic subconsultants, General Technologies and Solutions, who are currently on our team for the Pepper Avenue project. Our fixed fee proposal, including subconsultant fees, is as follows:

Additional Design Services for Pepper Avenue Street Rehabilitation Project Kabbara Engineering $ 1,280.00
General Technologies and Solutions $ 4,840.00
TOTAL FIXED FEE PROPOSAL $6,120.00
*includes 10% administrative charge on subconsultant expense Please note that payment of any required permit or other agency fees, are not included herewith and will be considered to be paid by the City of San Bernardino. Thank you for this opportunity to be of service. If you have any questions or need additional information, please contact me at the address below, telephone: (714) 744-9400, extension 22, or email at [email protected].

Sincerely,

KABBARA ENGINEERING
Leah Kabbara, PE, QSD

PRINCIPAL ENGINEER

18.c
Packet Pg. 752 Attachment: Attachment 3 - Proposal for Additional Design Services (8716 : First Amendment to the PSA with Kabbara Engineering (Wards 3, 601 N. Parkcenter Drive, Suite 205, Santa Ana, CA 92705 T (714) 744-9400 www.kabbara.net 2

SCOPE OF WORK

1. Traffic Signal Modification PS&E:

Prepare traffic signal modification plans for the 2 project intersections: Pepper Avenue/Rialto Avenue and Pepper Avenue/Mill Street, as required to accommodate new pedestrian push button posts as needed and required for ADA compliance at new proposed and/or existing ramp conditions. Plans shall be prepared at 1”=20’ scale, plan view only, for the subject intersections, including construction notes and details as required for construction, City submittals and plan check revisions per City comments. Includes preparation of additional specifications for the traffic signal modification work, in City of San Bernardino format, including all City required attachments and bid proposal. Also includes preparation of additional Preliminary Quantity Calculations and Opinion of Probable Cost for the Project, for additional signal modification work.

18.c
Packet Pg. 753 Attachment: Attachment 3 - Proposal for Additional Design Services (8716 : First Amendment to the PSA with Kabbara Engineering (Wards 3,

KABBARA ENGINEERING MAN-HOUR FEE PROPOSAL FOR CITY OF SAN BERNARDINO

ADDITIONAL ENGINEERING DESIGN SERVICES FOR PEPPER AVENUE STREET REHABILIATION PROJECT CIP NO. SD20-010
TASK

PRINCIPAL ENGINEER

LAND SURVEYOR

QUALITY ENGINEER

PROJECT

ENGINEER/TRAFFIC

ENGINEER

CIVIL DESIGNER

CAD DRAFTER

CLERICAL

SUBCONSULTANT FEE
(+10% ADMIN. FEE)

TOTAL COST
Burdened Hourly Rates $175 $165 $140 $160 $110 $95 $75

1. TRAFFIC SIGNAL MODIFICATION PS&E (PEPPER @ RIALTO,
& PEPPER@MILL ST) (20 SCALE) 8 $4,840.00 $6,120
TOTAL FIXED FEE PROPOSAL $6,120
KABBARA ENGINEERING Page 1 of 1 11/23/2021

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18.d
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18.d
Packet Pg. 764 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with

18.d
Packet Pg. 765 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with

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Packet Pg. 766 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with

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Packet Pg. 768 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with

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Packet Pg. 770 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with

18.d
Packet Pg. 771 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Resolution Declaring Intent to Annex Territory: CFD No. 2019- 1 Annexation No. 13 (Ward 3)
Recommendation
Adopt Resolution No. 2022-22 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 13) and authorizing the levy of a special taxes therein.

Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services that are necessary and to meet increased demands that have been placed upon the City.

Discussion
On July 17, 2019, the Mayor City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services that are necessary and to meet increased demands that have been placed upon the City.

Development projects are subject to a condition of approval that requires projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the district which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; and (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.
19 Packet Pg. 772
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Public facilities and services proposed to be financed within the territory to be annexed into the district are as follows:

1. Maintenance of median landscaping and other public improvements installed within the public rights-of-way; and

2. Maintenance of streets and sidewalks, including pavement management, and provide street sweeping; and

3. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.

The proposed development includes approximately 2.32 gross acres of an existing industrial property. The property is located east of I-215 at the northwest intersection of South Sierra Way and Hillcrest Avenue. At build out, this development will create 2.32 net taxable acres as new Tax Zone No. 14 within CFD No. 2019-1 (see attached boundary map). In order to annex into CFD No. 2019-1, a Resolution to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone (Tax Zone No. 14) is included as Exhibit “C”. The maximum annual special tax for this development has been calculated to be $2,268 per acre for FY 2022/23.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. ➢ Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). ➢ Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. ➢ Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
➢ Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolution, the Public Hearing would be scheduled for March 16, 2022.
19 Packet Pg. 773
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2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 1. Financial Stability and Key Target No 4.

Economic Growth & Development. This project will contribute to ensuring that the City is clean and attractive, and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $5,261 to be used to pay for maintenance costs.

Annually, on the 1st of March, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to special tax for the ensuing Fiscal Year. If the anticipated cost of maintaining facilities in any given Fiscal Year prior to buildout of the project exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

All costs associated with annexation into the CFD have been borne by the Developer.

By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2022-22, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 13) and authorizing the levy of special taxes therein.

Attachments
Attachment 1 Resolution 2022-22
Attachment 2 Resolution 2022-22; Exhibits A-G
Attachment 3 Project Map
Attachment 4 CFD Landscape Maintenance Exhibit
Ward: 3
Synopsis of Previous Council Actions:

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

July 17, 2019 Resolution No. 2019-178 was adopted establishing Community 19 Packet Pg. 774
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Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.
19 Packet Pg. 775
Resolution No. 2022-22
Resolution 2022-22
February 2, 2022

Page 1 of 4 ends

RESOLUTION NO. 2022-22

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 13) AND AUTHORIZING

THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and
WHEREAS, the City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established;

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

SECTION 1. Intent to Annex. The City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.

SECTION 2. Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”.

SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1

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Packet Pg. 776 Attachment: Attachment 1 - Resolution 2022-22 (8751 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 (Ward Resolution No. 2022-22
Resolution 2022-22
February 2, 2022

Page 2 of 4 ends

(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 13, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

SECTION 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory.

SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C.

SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof.

SECTION 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, March 16, 2022, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-

1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.

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Packet Pg. 777 Attachment: Attachment 1 - Resolution 2022-22 (8751 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 (Ward Resolution No. 2022-22
Resolution 2022-22
February 2, 2022

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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday March 16, 2022 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

SECTION 10. 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 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 12. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Packet Pg. 778 Attachment: Attachment 1 - Resolution 2022-22 (8751 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 (Ward Resolution No. 2022-22
Resolution 2022-22
February 2, 2022

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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. 2022-___, adopted at a regular meeting held on the _ __ day of _____ __ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 13 is currently comprised of two parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0141-282-05 Magic Laundry Services, Inc.
0141-282-06 Magic Laundry Services, Inc.

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EXHIBIT B

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

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

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

19.b
Packet Pg. 781 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision

EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019‐1 (Maintenance Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the coststo the City, CFD No. 2019‐1, or any designee thereof associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.

19.b
Packet Pg. 782 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 2
Community Facilities District No. 2019‐1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 etseq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.

19.b
Packet Pg. 783 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 3
Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.
“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi‐Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

19.b
Packet Pg. 784 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 4
Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non‐Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi‐family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s

19.b
Packet Pg. 785 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 5
Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 isidentified in Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category.  The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel.  The Administrator's allocation to each type of property shall be final.
b.   Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved  Property shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Approved property Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:

19.b
Packet Pg. 786 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c.   Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its bligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)

19.b
Packet Pg. 787 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 7
Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category.   The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel.   The Administrator's allocation to each type of property shall be final. b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 5 below:

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for

19.b
Packet Pg. 788 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 8
Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of

19.b
Packet Pg. 789 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposesset forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator.

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

19.b
Packet Pg. 790 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 10
Community Facilities District No. 2019‐1 (Maintenance Services) I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

19.b
Packet Pg. 791 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 11
Community Facilities District No. 2019Ͳ1 (Maintenance Services)

APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019Ͳ1 (MAINTENANCE SERVICES) COST ESTIMATE
Special Tax A ServicesͲThe estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2022Ͳ23.These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019Ͳ1.

TAX ZONE 14
TR 5907
Item Description Estimated Cost
1 Landscaping $1,517
2 Streets $2,766
3 Reserves $228
4 Admin $750
Total $5,261
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019Ͳ1. However, additional Tax Zones may have Special Tax B Contingent Services being provided. TAX ZONE 14
FY 2022Ͳ23 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
NonͲResidential Property Acre $2,268 $0
TAX ZONE 14
FY 2022Ͳ23 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $2,268 $0

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Community Facilities District No. 2019Ͳ1 (Maintenance Services)

TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
Original 1 17170 2019Ͳ20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019Ͳ20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020Ͳ21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266Ͳ041Ͳ39 2019Ͳ20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020Ͳ21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020Ͳ21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020Ͳ21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021Ͳ22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019Ͳ021 2021Ͳ22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021Ͳ22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021Ͳ22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022Ͳ23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020Ͳ004 2022Ͳ23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022Ͳ23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los AngelesͲRiversideͲOrange County (1982Ͳ84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways,streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any portions adjacent to the properties within CFD No. 2019‐1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

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

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Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX C

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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Packet Pg. 795 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision SIERRA
WAY

HILLCREST AVE

BENEDICT ST
0141-282-06 0141-282-05
ANNEXATION MAP NO. 13
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED SHEET 1 OF 1 SHEETBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2019-1
TAX ZONE 14
^_
·|}þ18
·|}þ210
§¨¦15
§¨¦215
£¤66
£¤66
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2021-22. - LEGEND

ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARY

XXXX-XXX-XX ASSESSOR PARCEL NUMBER
14 TAX ZONE
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. 14 THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER-CLERK COUNTY OF SAN BERNARDINO BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE Exhibit D

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EXHIBIT E

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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 13)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on February 2, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain safety services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, March 16, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the March 16, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.

DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2022

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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 13
(March 16, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
Magic Laundry Services, Inc. 2.32 3
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than March 2, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 16, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on March 16, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

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Packet Pg. 806 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

Magic Laundry Services, Inc.

Attn: Harry Kertenian
412 W. Roosevelt Avenue
Montebello, CA 90640
0141-282-05 and 0141-282-06

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on February 2, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 13 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

Magic Laundry Services, Inc.

By: Harry Kertenian
CFO

Signature
Print Name
Title

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PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 14

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)
Recommendation
Adopt Resolution No. 2022-19 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorizing the Director of Finance to amend the FY 2021/22 Capital Improvement Plan, recording a supplemental appropriation in the amount of $1,500,000 in SB-1 Fund for Citywide Pavement Rehabilitation (SB1) Project;

2. Approving the award of a Construction Contract with All American Asphalt, Inc., in the amount of $4,738,119 to provide Citywide Pavement Rehabilitation (SB-1);

3. Authorizing project construction, construction contingencies and inspection costs in the total amount of $5,500,000 for Citywide Pavement Rehabilitation (SB1) Project (CIP SS-22-001); and

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

Background
The City of San Bernardino is responsible for maintaining streets citywide. In March 2020, a Pavement Management Analysis (PMA) was completed which used scientific methods to rate the condition of all public streets in the City. Street segments (intersection to intersection) were rated based on Remaining Service Life (RSL) in years with a rating of 20 representing the condition of a recently completed street. Segments with an RSL between 20 and 10 are usually maintained using crack sealing, and slurry sealing. Segments with an RSL of 10 or less are generally in need of major maintenance usually consisting of mill and overlay. Segments with an RSL less than 5 require complete removal and replacement.

In anticipation of this work, Citywide Pavement Rehabilitation (SB1) project (CIP SS22- 001) was included in the FY 2021/22 Capital Improvement Plan (CIP) adopted on June 16, 2021, by the Mayor and City Council. The CIP established SB1 Funding in the 20 Packet Pg. 810
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amount of $4,000,000 for the project to rehabilitate following locations:
• King Street: between K Street and Mt. Vernon Avenue (Ward 1) • Highland Avenue: between 210/215 interchange and Lincoln (Ward 2) • K Street: between Mill Street and Hillcrest Avenue (Ward 3) • Pumalo Street: Arden Avenue to Sterling Avenue(Ward 4) • Churchill Street: between Belmont Avenue and Olive Avenue (Ward 5) • Baseline Street: between Medical Center and Mt. Vernon Avenue (Ward 6) • 28th Street: between Golden Avenue to end Flood Control (Ward 7) • Parkdale Avenue: between Mt. View Avenue to Sierra Way (Ward 4,7) • Mill Street: between Allen Street to G Street (Ward 1,3) Plans and specifications were prepared with the proposed scope of work at the locations to include pavement rehabilitation and providing missing sidewalk and ADA access ramps.

Discussion
(SB1) Project 13466 to provide pavement rehabilitation, was advertised for public bidding on November 27, 2021, and December 4, 2021, in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s websites, and the San Bernardino Area Chamber of Commerce.

Sealed bids were received and opened on January 6, 2022. The City received four (4) bids as follows:

Bidder City Base Bid
All American Asphalt, Inc. Corona $4,738,119
Matich Corporation San Bernardino $5,533,070
Calmex Engineering, Inc. Bloomington $6,292,592
Hardy & Harper, Inc. Lake Forest $6,376,468
The City has reviewed the bid package and confirmed that All American Asphalt, Inc of Corona, California, is the lowest responsible and responsive bidder, with a total bid amount of $4,738,119. If awarded by the Mayor and City Council, construction work is anticipated to begin in February 2022 and be completed by June 2022. 2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No.1d: minimize risk and litigation exposure.

Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by rehabilitating street pavement and providing ADA access to the community.

Fiscal Impact
There is no General Fund impact associated with this action. Project budget for the 20 Packet Pg. 811
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proposed work was previously established through the adopted FY 2021/22 Capital Improvement Plan in the SB1 fund as follows:

Citywide Pavement Rehabilitation (SB1) $4,000,000
Additional fund Allocation (SB1) $1,500,000
Total Available Project Funding $5,500,000
The overall cost of the improvement work is as follows:

Construction Bid Amount $4,738,119
Construction Contingency $ 471,881
Engineering and Inspections $ 290,000
Total Project Cost $5,500,000
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-XX:

2. Approving the award of a Construction Contract with All American Asphalt, Inc., in the amount of $4,738,119 to provide Citywide Pavement Rehabilitation (SB-1);

3. Authorizing project construction, construction contingencies and inspection costs in the total amount of $5,500,000 for Citywide Pavement Rehabilitation (SB1) Project (CIP SS-22-001); and

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

Attachments
Attachment 1 Resolution No. 2022-19;
Attachment 2 Resolution No. 2022-19; Exhibit A - Contract Agreement Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Ward: All
Synopsis of Previous Council Actions:

June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22
20 Packet Pg. 812
Resolution No. 2022-19
Resolution 2022-19
February 2, 2022

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RESOLUTION NO. 2022-19

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA

AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FY 2021/22 CAPITAL IMPROVEMENT PLAN,

RECORDING A SUPPLEMENTAL APPROPRIATION IN
THE AMOUNT OF $1,500,000 IN SB-1 FUND FOR
CITYWIDE PAVEMENT REHABILITATION (SB1)
PROJECT; APPROVING THE AWARD OF A

CONSTRUCTION CONTRACT WITH ALL AMERICAN
ASPHALT INC., IN THE AMOUNT OF $4,738,119 TO

PROVIDE CITYWIDE PAVEMENT REHABILITATION
(SB-1); AUTHORIZING PROJECT CONSTRUCTION,

CONSTRUCTION CONTINGENCIES AND INSPECTION
COSTS IN THE TOTAL AMOUNT OF $5,500,000 FOR
CITYWIDE PAVEMENT REHABILITATION (SB1)
PROJECT (CIP SS-22-001); AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXPEND THE

CONTINGENCY FUND, IF NECESSARY, TO COMPLETE

THE PROJECT
WHEREAS, the City of San Bernardino is responsible for maintaining citywide streets, sidewalk, and American Disability Act (ADA) access ramps throughout the City; and WHEREAS, in March 2020, a Pavement Management Analysis (PMA) was completed these used scientific methods to rate the condition of all public streets in the City. Street segments (intersection to intersection) were rated based on Remaining Service Life (RSL) in years with a rating of 20 representing the condition of a recently completed street. Segments with an RSL between 20 and 10 are usually maintained using crack sealing, and slurry sealing. Segments with an RSL of 10 or less are generally in need of major maintenance usually consisting of mill and overlay. Segments with an RSL less than 5 require complete removal and replacement; and WHEREAS, on June 16, 2021, the Mayor and City Council adopted the FY2021/22 Capital Improvement Plan (CIP), established SB-1 Funding in the amount of $4,000,000 for citywide Pavement Rehabilitation (SB1) (CIP SS 22-001); and WHEREAS, in January 2022, the City administered a competitive bid solicitation for Citywide Pavement Rehabilitation (SB1) Project (“Project”) to rehabilitate nine (9) locations citywide, resulting in the receipt of four construction cost submittals; and WHEREAS, All American Asphalt Inc., of San Corona, California, has been determined to be the lowest responsive and responsible bidder; and

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February 2, 2022

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WHEREAS, the City now wishes to enter into a Construction Agreement with All American Asphalt, of San Corona, California in the amount of $4,738,119 to complete the Project.

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

SECTION 1. Director of Finance is hereby authorized to amend the FY 2021/22 Capital Improvement Plan, recording a supplemental appropriation in the amount of $1,500,000 in SB-1 Fund for Citywide Pavement Rehabilitation (SB1) Project.

SECTION 2. The City Manager is hereby authorized to execute a Construction Agreement, and any supporting documents, for Citywide Pavement Rehabilitation (SB1) projects with All American Asphalt Inc., of Corona, California in the total amount of $4,738,119 on behalf of the City, attached hereto and incorporated herein as Exhibit “A”.

SECTION 3. The City Manager, or his designee, is hereby authorized to execute all documents in support of Citywide Pavement Rehabilitation (SB1) Project 13466 on behalf of the City and to expend contingency funds, if necessary, to complete the project.

SECTION 4. The Director of Finance is hereby authorized to issue a purchase order in the amount of $4,738,119 to All American Asphalt Inc., of San Corona, in support of the Construction Agreement.

SECTION 5. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project.

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the asphalt pavement and concrete removal and replacement with no expansion of the existing use. Additionally, 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.
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because asphalt pavement and concrete removal and replacement does not present any unusual circumstances; would not damage

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February 2, 2022

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scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council.

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 ____ day of February 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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February 2, 2022

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Genoveva Rocha, CMC, City Clerk

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AGREEMENT

CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this __ day of _ ___ __ _, 20_, between the City of San Bernardino ( owner and hereinafter "CITY"), and ________ (hereinafter "CONTRACTOR").

1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the

PAVEMENT REHABILITATION AT NINE LOCATIONS
Project No. 13466
in strict conformity with Plans and Special Provisions for Project No. 13466 , and also in accordance with Standard Specifications for Public Works./Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids" for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof.

2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing a11 the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every desc�ption connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them.

3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns. and all persons claiming under or through them, that there shal1 be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religio0; sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of This contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate.

A-1
All American Asphalt, Inc.
2nd February 22

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Packet Pg. 871 Attachment: Attachment 2 - Resolution No. 2022-19 - Exhbit A - Contract Agreement (8753 : Construction Contract Award – Citywide Pavement AGREEMENT: PAVEMENT REHABILITATION AT NINE LOCATIONSProject No. 13466

4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained.

5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith.

IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned.

CONTRACTOR
NAME OF FIRM:

All American Asphalt
BY:

TITLE:_!:dward J. Carlson, Vice President
MAILING ADDRESS:
400 East Sixth Street
-
Corona, CA_92879 -- -�-- __
PHONE NO.:� 736-7600
ATTEST:
ecretary, Michael Farkas
BY:

CITY OF SAN BERNARDINO
ROBERT D. FIELD
City Manager
ATTEST:

GENOVEVA ROCHA, CMC
City Clerk
APPROVED AS TO FORM:

SONIA CARY ALHO, City Attorney
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.

A-2

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Irrevocable Agreement to Annexation No. 2022-368 (Ward 6) Recommendation
Adopt Resolution No. 2022-20 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property within unincorporated territory located at 19472 Cajon Boulevard (APN 0262-021-09 and 13) and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

Background
The San Bernardino Municipal Water Department has recently received a request for sewer service from the owner of the parcel located at 19472 Cajon Boulevard (APN 0262-022-09 and 13) for a connection to the sewer collection system. The parcel is in an unincorporated area south of the intersection of Kendall Drive and Cajon Boulevard.

The property owner is desirous of a connection to the sewer collection system serving the proposed industrial trailer parking facility.

In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands.

In September 1997, the City adopted a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,326 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement.

The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future. 21 Packet Pg. 874
8754

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Discussion
The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and that the existing industrial use is consistent with the City's General Plan. The Water Department Engineering Division has determined that there is an available 15-inch vitrified clay pipe sanitary sewer main within Cajon Boulevard, fronting the subject parcel.

LAFCO requires that the application be made by the Agency that is to provide the service. The resolution will allow the City Water Department to apply to LAFCO if approved by Mayor and City Council. Upon approval by LAFCO the Irrevocable Agreement to Annex will be executed between the City and the applicant. 2021-2025 Key Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area.

Fiscal Impact
There is no fiscal impact associated with this action. The $1,326 for the sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-20, approving the Application to the Local Agency Formation Commission to provide City sewer services to property within unincorporated territory located at 19472 Cajon Boulevard (APN 0262-021-09 and 13) and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

Attachments
Attachment 1 Resolution No. 2022-20
Attachment 2 Resolution No. 2022-20; Exhibit A - Irrevocable Agreement to Annex
Attachment 3 Vicinity Map
Attachment 4 Application
Ward: 6
Synopsis of Previous Council Actions:
1994 The California Government Code section was amended by the addition of Section 611, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries.

September 1997 The City of San Bernardino adopted a policy relative to the providing of sewer services outside of City boundaries. 21 Packet Pg. 875
Resolution No. 2022-20
Resolution 2022-20
February 2, 2022

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RESOLUTION NO. 2022-20

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE APPLICATION TO THE LOCAL

AGENCY FORMATION COMMISSION TO PROVIDE CITY

SEWER SERVICES TO PROPERTY WITHIN THE
UNINCORPORATED TERRITORY LOCATED AT 19472
CAJON BOULEVARD (APN 0262-021-09 AND 13); AND

AUTHORIZING THE CITY MANAGER TO EXECUTE AN

IRREVOCABLE AGREEMENT TO ANNEX
WHEREAS, Cajon Blvd. Industrial Park, LLC, a Delaware limited liability company, the owner of the property in an unincorporated area located at 19472 Cajon Boulevard, also known as Assessor’s Parcel Number 0262-021-09 and 13, has requested connection to the City of San Bernardino’s sewage system; and
WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO.

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

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

SECTION 2. That the Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 19472 Cajon Boulevard, Assessor’s Parcel Number 0262-022-09 and 13, more fully described as follows:

PARCEL 1: THAT PORTION OF BLOCK 11 OF THE MEYER AND BARCLAY

SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS

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Packet Pg. 876 Attachment: Attachment 1 - Resolution No. 2022-20 Irrevocable Agreement to Annexation No. 2022-368 (8754 : Irrevocable Agreement to Resolution No. 2022-20
Resolution 2022-20
February 2, 2022

Page 2 of 4 ends

PER MAP RECORDED IN BOOK 2, PAGE(S) 32, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID BLOCK 11, DISTANT THEREON SOUTH 89° 36' 35" WEST, 233.98 FEET FROM A 2' X 3" HUB IN A ROCK "MOUND" MARKING THE SOUTHEAST CORNER OF SAID BLOCK 11; THENCE SOUTH 89° 36' 35" WEST, 517.71 FEET ALONG SAID SOUTH LINE; THENCE NORTH 44° 03' 25" WEST, 21.75 FEET; THENCE NORTH 35° 51' 10" WEST, 516.24 FEET; THENCE NORTH 28° 59' 28" WEST, 649.53 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY; THENCE FROM A TANGENT BEARING SOUTH 67° 46' 32" EAST, ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 5,679.65 FEET, THROUGH AN ANGLE OF 7° 28' 36", A DISTANCE OF 741.16 FEET ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE FROM A TANGENT BEARING SOUTH 28° 13' 04" EAST, ALONG A CURVE TO THE LEFT WITH A RADIUS OF 3200 FEET, THROUGH AN ANGLE OF 14° 54' 24", A DISTANCE OF 832.55 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION RELINQUISHED TO THE COUNTY OF SAN

BERNARDINO, A CERTIFIED COPY OF SAID RELINQUISHMENT HAVING BEEN RECORDED SEPTEMBER 3, 1959 IN BOOK 4921, OF SAID OFFICIAL RECORDS, PAGE 123, AND IS SHOWN ON DETAIL MAP OF RELINQUISHMENT ON FILE IN STATE HIGHWAY MAP BOOK 3, PAGE 49-53, IN SAID RECORDERS OFFICE.

PARCEL 2: THAT PORTION OF BLOCK 11, MEYER AND BARCLAY

SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 11; THENCE SOUTH 89° 36' 35" WEST, 233.98 FEET ALONG THE SOUTH LINE OF SAID BLOCK 11 TO THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID BLOCK 11, AND THE EASTERLY LINE OF THE STATE HIGHWAY, AS CONVEYED BY DEED RECORDED IN BOOK 1203, AT PAGE 418 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE NORTHERLY ALONG

THE EASTERLY LINE OF SAID STATE HIGHWAY, FROM A TANGENT BEARING NORTH 43° 07' 28" WEST ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 3200 FEET THRU AN ANGLE OF 14° 54' 24" A DISTANCE OF 832.55 FEET TO THE

SOUTHWESTERLY RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE TO THE EAST LINE OF SAID BLOCK 11; THENCE SOUTH ALONG THE EAST LINE OF SAID BLOCK 11 TO THE SOUTHEAST CORNER OF SAID BLOCK 11, TO THE POINT OF BEGINNING.

SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2021-368, a copy of which is attached as Exhibit “A”.

SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.

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Packet Pg. 877 Attachment: Attachment 1 - Resolution No. 2022-20 Irrevocable Agreement to Annexation No. 2022-368 (8754 : Irrevocable Agreement to Resolution No. 2022-20
Resolution 2022-20
February 2, 2022

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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 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 __________ 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Packet Pg. 878 Attachment: Attachment 1 - Resolution No. 2022-20 Irrevocable Agreement to Annexation No. 2022-368 (8754 : Irrevocable Agreement to Resolution No. 2022-20
Resolution 2022-20
February 2, 2022

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 879 Attachment: Attachment 1 - Resolution No. 2022-20 Irrevocable Agreement to Annexation No. 2022-368 (8754 : Irrevocable Agreement to LAFCO SC#

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)

IRREVOCABLE AGREEMENT TO ANNEX
No. 2021-368
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this day of February 2, 2022; by and between Cajon Blvd. Industrial Park LLC, a Delaware Limited Liability Company Hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”.

RECITALS:

WHEREAS, OWNER holds title to the unincorporated parcel, located at 19472 Cajon Boulevard, San Bernardino, California, and parcel is further described as follows:

PARCEL 1: THAT PORTION OF BLOCK 11 OF THE MEYER AND BARCLAY

SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGE(S) 32, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID BLOCK 11, DISTANT THEREON SOUTH 89° 36' 35" WEST, 233.98 FEET FROM A 2' X 3" HUB IN A ROCK "MOUND" MARKING THE SOUTHEAST CORNER OF SAID BLOCK 11; THENCE SOUTH 89° 36' 35" WEST, 517.71 FEET ALONG SAID SOUTH LINE; THENCE NORTH 44° 03' 25" WEST, 21.75 FEET; THENCE NORTH 35° 51' 10" WEST, 516.24 FEET; THENCE NORTH 28° 59' 28" WEST, 649.53 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE

ATCHISON, TOPEKA AND SANTA FE RAILWAY; THENCE FROM A TANGENT BEARING SOUTH 67° 46' 32" EAST, ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 5,679.65 FEET, THROUGH AN ANGLE OF 7° 28' 36", A DISTANCE OF 741.16 FEET ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE FROM A TANGENT BEARING SOUTH 28° 13' 04" EAST, ALONG A CURVE TO THE LEFT WITH A RADIUS OF 3200 FEET, THROUGH AN ANGLE OF 14° 54' 24", A DISTANCE OF 832.55 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION

RELINQUISHED TO THE COUNTY OF SAN BERNARDINO, A CERTIFIED COPY OF SAID RELINQUISHMENT HAVING BEEN RECORDED SEPTEMBER 3, 1959, IN BOOK 4921, OF SAID OFFICIAL RECORDS, PAGE 123, AND IS SHOWN ON DETAIL MAP OF

21.b
Packet Pg. 880 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to RELINQUISHMENT ON FILE IN STATE HIGHWAY MAP BOOK 3, PAGE 49-53, IN SAID RECORDERS OFFICE.

PARCEL 2: THAT PORTION OF BLOCK 11, MEYER AND BARCLAY

LINE OF THE STATE HIGHWAY, AS CONVEYED BY DEED RECORDED IN BOOK 1203, AT PAGE 418 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE

NORTHERLY ALONG THE EASTERLY LINE OF SAID STATE HIGHWAY, FROM A TANGENT BEARING NORTH 43° 07' 28" WEST ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 3200 FEET THRU AN ANGLE OF 14° 54' 24" A DISTANCE OF 832.55 FEET TO THE SOUTHWESTERLY RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE TO THE EAST LINE OF SAID BLOCK 11; THENCE SOUTH ALONG THE EAST LINE OF SAID BLOCK 11 TO THE SOUTHEAST CORNER OF SAID BLOCK 11, TO THE POINT OF BEGINNING.

APN 0262-021-09 AND 13)
WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon OWNER’s heirs, successors, and assigns.

NOW, THEREFORE, the Parties hereto agree as follows:

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Packet Pg. 881 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to 363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-363 LAFCO SC # _____ SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and its Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER’s and its Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system.
f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successor failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may

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Packet Pg. 882 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to 363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-363 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable residential standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement.

SECTION II CITY AGREES:
a. To allow OWNER’s parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits.

SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the

21.b
Packet Pg. 883 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to 363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-363 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.

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Packet Pg. 884 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to 363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-363 LAFCO SC # _____

SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above.

CITY OF SAN BERNARDINO
Approved By:

OWNER
Robert D. Field
City Manager
Signature
Name
Sonia Carvalho
City Attorney
Attested By:

Genoveva Rocha, CMC
City Clerk

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Packet Pg. 885 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021 LAFCO SC # _____

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
On before me, , Notary
Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public
(Seal)

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Packet Pg. 886 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public
(Seal)

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Packet Pg. 887 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to

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Packet Pg. 888 Attachment: Attachment 3 - Vicinity map (8754 : Irrevocable Agreement to Annexation No. 2022-368 (Ward 6))

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Packet Pg. 889
Attachment: Attachment 4 - Application (8754 : Irrevocable Agreement to Annexation No. 2022-368 (Ward 6))

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Resolution Declaring Intent to Annex Territory: CFD No. 2019- 1 Annexation No. 11 (Ward 3)
Recommendation
Adopt Resolution No. 2022-21 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 11) and authorizing the levy of a special taxes therein.

Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City.

Discussion
On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.

Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the district which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.
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The public facilities and services proposed to be financed within the territory to be annexed to the district are the following:

1. Public lighting and appurtenant facilities, including streetlights within public rightsof-way and traffic signals; and

2. Maintenance of streets, including pavement management, and provide street sweeping; and

3. City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the district including the contract administration and for the collection of reserve funds.

The proposed development includes approximately 13.69 gross acres of a zoned industrial property to include a gated truck parking lot with a guard house. The property is located west of I-215, on W. Rialto Avenue just west of S. Mt. Vernon Avenue. At build out this development will create 12.53 net taxable acres as a new Tax Zone No. 12 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 12), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $175 per acre for FY 2022/23.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below:
• Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). • Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the District.
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With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for March 16, 2022.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 1. Financial Stability and Key Target No 4.

Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

All costs associated with annexation into the CFD have been borne by the Developer.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2022-21 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 11) and authorizing the levy of special taxes therein.

Attachments
Attachment 1 Resolution No. 2022-21
Attachment 2 Resolution No. 2022-21; Exhibit A - Description of Territory; Exhibit B - Description of Authorized Services; Exhibit C - Rate and Method of Apportionment; Exhibit D - Annexation and Potential Annexation Boundary Maps; Exhibit E - Signed Petition, Waiver and Consent; Exhibit F - Notice of Public Hearing; Exhibit G - Special Election Ballot
Attachment 3 PW CFD 2019-1 Annex 11 - Project Map
Attachment 4 PW CFD 2019-1 Annex 11 - CFD Landscape Maintenance Exhibit Ward: 3
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Synopsis of Previous Council Actions:

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

August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.
22 Packet Pg. 893
Resolution No. 2022-21
Resolution 2022-21
February 2, 2022

Page 1 of 4 ends

RESOLUTION NO. 2022-21

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENT TO ANNEX TERRITORY INTO
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 11) AND AUTHORIZING

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

SECTION 2. Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”.

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Packet Pg. 894 Attachment: Attachment 1 - Resolution No. 2022-21 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 11 (8755 : Resolution Resolution No. 2022-21
Resolution 2022-21
February 2, 2022

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(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 11, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

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Packet Pg. 895 Attachment: Attachment 1 - Resolution No. 2022-21 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 11 (8755 : Resolution Resolution No. 2022-21
Resolution 2022-21
February 2, 2022

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SECTION 12. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Packet Pg. 896 Attachment: Attachment 1 - Resolution No. 2022-21 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 11 (8755 : Resolution Resolution No. 2022-21
Resolution 2022-21
February 2, 2022

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 897 Attachment: Attachment 1 - Resolution No. 2022-21 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 11 (8755 : Resolution

EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 11 is currently comprised of 10 parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APN).

APN Owner Name
0137-011-01 Prologis LP
0137-011-31 Prologis LP
0137-051-27 (Por.) Prologis LP
0137-052-46 Prologis LP
0274-011-11 Prologis LP
0274-011-12 Prologis LP
0274-011-34 Prologis LP
0274-011-35 Prologis LP
0274-011-42 Prologis LP
0274-011-43 Prologis LP

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Packet Pg. 898 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

EXHIBIT B

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Packet Pg. 899 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019‐1 (Maintenance Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

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Packet Pg. 900 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

City of San Bernardino 2
Community Facilities District No. 2019‐1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 etseq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.

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Packet Pg. 901 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

City of San Bernardino 3
Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.
“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi‐Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

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Packet Pg. 902 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

City of San Bernardino 4
Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

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Packet Pg. 903 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

City of San Bernardino 5
Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

TABLE 1

MAXIMUM SPECIAL TAX A RATES

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Packet Pg. 904 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

TABLE 3

MAXIMUM SPECIAL TAX A RATES

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Packet Pg. 905 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

City of San Bernardino 7
Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category.   The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel.   The Administrator's allocation to each type of property shall be final. b.   Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 5 below:

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

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Packet Pg. 906 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

City of San Bernardino 8
Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

22.b
Packet Pg. 907 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

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Packet Pg. 908 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

City of San Bernardino 10
Community Facilities District No. 2019‐1 (Maintenance Services)

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

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Packet Pg. 909 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

City of San Bernardino 11
Community Facilities District No. 2019Ͳ1 (Maintenance Services)

APPENDIX A

TAX ZONE 12
TR 20305
Item Description Estimated Cost
1 Lighting $236
2 Streets $1,168
3 Reserves $36
4 Admin $750
Total $2,190
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019Ͳ1. However, additional Tax Zones may have Special Tax B Contingent Services being provided. TAX ZONE 12
FY 2022Ͳ23 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
NonͲResidential Property Acre $175 $0
TAX ZONE 12
FY 2022Ͳ23 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $175 $0

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Packet Pg. 910 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

City of San Bernardino 12
Community Facilities District No. 2019Ͳ1 (Maintenance Services)

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Packet Pg. 911 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

City of San Bernardino 13
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

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Packet Pg. 912 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

City of San Bernardino 14
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX C

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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Packet Pg. 913 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:
0137-011-31
0137-
0 11-01
0137-052-46
0274
0274-011-43
-011-42
0274-011-35
0274-011-1
2 0274-0
1 1
-11
0274-011-34
A.

T.&S.

R
R

PICO AVE
SBCFCD
CL

RIALTO AVE
ANNEXATION MAP NO. 11
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED SHEET 1 OF 1 SHEETBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2019-1
TAX ZONE 12 ^_
·|}þ18
·|}þ210
§¨¦15
§¨¦215
£¤66
£¤66
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2021-22. - LEGEND

ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARY

XXXX-XXX-XX ASSESSOR PARCEL NUMBER
12 TAX ZONE
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA.

THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER-CLERK COUNTY OF SAN BERNARDINO BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE 12 0137-051-27
(Por)

EXHIBIT D

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Packet Pg. 914
Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 :

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Packet Pg. 915
Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 :

EXHIBIT E

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Packet Pg. 916 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

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Packet Pg. 917 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

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Packet Pg. 918 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

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Packet Pg. 919 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

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Packet Pg. 920 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

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Packet Pg. 921 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

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Packet Pg. 922 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

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Packet Pg. 923 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 11)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on February 2, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain safety services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.

DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2022

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Packet Pg. 924 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 11
(March 16, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
Prologis, LP 13.66 14
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 16, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on March 16, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

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Packet Pg. 925 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

Prologis, LP
Attn: Thomas Donahue
3546 Concours Street, Suite 100
Ontario, CA 91764
0137-011-01, 0137-011-31, 0137-051-27
(Por.), 0137-052-46, 0274-011-11,
0274-011-12, 0274-011-34, 0274-011-35,
0274-011-42, 0274-011-43

CITY OF SAN BERNARDINO

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on February 2, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 11 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

Prologis, LP
By: Thomas Donahue
VP, Project Management

Signature
Print Name
Title

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Packet Pg. 926 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory:

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 12

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Packet Pg. 927
Attachment: Attachment 3 - PW CFD 2019-1 Annex 11 - Project Map (8755 : Resolution Declaring Intent to © 2020 KIMLEY-HORN AND ASSOCIATES, INC.

NORTH

CFD MAINTENANCE AREA

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Packet Pg. 928 Attachment: Attachment 4 - PW CFD 2019-1 Annex 11 - CFD Landscape Maintenance Exhibit (8755 : Resolution Declaring Intent to Annex

Page 1 ends

Request for Future Meeting
City of San Bernardino
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: Ben Reynoso, Council Member, Ward 5
Subject: Contract with Placeworks, Separate from the General Plan, to Complete the Restricted Truck Routes
23 Packet Pg. 929

Mayor and City CouncilFebruary 2, 2022

Mayor and City Council
February 2, 2022