Consent Calendar
City of San Bernardino
Request for Council Action
Date: March 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: René Anderson, Director of Human Resources
Subject: Annual Renewal of the City's Property Insurance for FY 2022/23 (All Wards)
Recommendation
Adopt Resolution No. 2022 -42 of the Mayor and City Council of the City of San Bernardino, California, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,601,000 for the term beginning April 1, 2022 and ending March 31, 2023; and authorizing the City Manager to execute all related documentation.
Background
The City of San Bernardino is one of 110 members that have a pooled membership within Public Risk Innovation, Solutions, and Management (PRISM) property program.
Members within a pooled insurance plan typically experience lower rate increases year over year as opposed to stand -alone coverage. PRISM seeks quotes from both domestic and international markets in order to fill all the program insurance needs; therefore, it is a very intensive marketing process each year due to the size of the program and the number of carriers involved. Once the final quote is selected, PRISM then works in ternally with actuaries and underwriters to determine the premium allocation of each member based on their individual loss experience and exposure information.
In 2020, PRISM experienced its highest incurred property claims in the Program's history. Curren tly, 2020/21 PRISM losses are about at $96M, as compared to an average of $46M over the last five years. Higher than normal claims within the Program can largely be attributed to the wildfires within California, which account for almost 60% of the loss dol lars. At the same time, the worldwide insurance market continues to sustain significant catastrophic losses along with the additional challenges brought on by the COVID -19 pandemic. The increased reinsurance costs, aggressive litigation trends, and adverse claim development trends have further aggravated the property market. As a result, carriers have become more risk adverse, offering up restricted capacity at increased pricing. Unlike previous hard market cycles, there is not significant new capital enter ing the market, which would provide the competition needed to soften the market.
Discussion
The City purchases commercial property insurance to cover direct physical loss or 8 Packet Pg. 287
8778
damage to City property caused by or resulting from a covered cause of loss. Memb er rates for 2022 are increasing. The degree of rate increase to each individual member varies within an established range dependent upon claims experience. Member allocation also considers the unique exposures of each entity including the types of property being insured and exposure to natural catastrophes.
The City's not to exceed premium of $1,601,000 represents a 19.3% increase over last year's not to exceed premium amount of $1,292,000. The current property insurance policy ends on March 31, 2022. Be low is a breakdown of each type of coverage included in the renewal, through Alliant, with PRISM for the term beginning April 1, 2022 through March 31, 2023.
Commercial Property
The City purchases commercial property insurance to cover for direct damage to City property. The policy through PRISM provides a $300,000,000 limit per occurrence with a $100,000 deductible.
Flood
The City purchases flood insurance to cover direct physical loss of or damage to City property caused by or resulting from a flood. The policy through PRISM provides a $200,000,000 limit with a $25,000 deductible.
Earthquake
The City purchases earthquake insurance to cover direct physical loss of or damage to City property caused by or resulting from an earthquake. The policy through PRISM provides a $100,000,000 limit with a $100,000 deductible minimum, or 5% of the total value of the building.
Auto Physical Damage
The City purchases auto physical damage insurance to cover City-owned vehicles against perils such as collision, vandalism, fire and theft. The policy through PRISM provides a replacement cost value or actual cash value of vehicles with a $10,000 deductible.
Terrorism and Sabotage
The City purchases terrorism and sabotage insurance for property damage and business interruption coverage in the event of a terrorist attack. The policy through PRISM provides a $750,000,000 limit with a $100,000 deductible.
2021-2025 Strategic Targets and Goals
Approving the renewal of the City’s property insurance policy aligns with Key Target No. 1: Improved Operational & Financial Capacity.
Fiscal Impact
The FY 2021-22 Operating Budget includes funding to support expenditures in the current fiscal year. The policy term is April 1, 2022, through March 31, 2023 for a not to exceed premium of $1,601,000. The premium will be expensed across two fiscal 8 Packet Pg. 288
8778
years: three (3) months in FY 2021 -22 in the amount of $400,250 and nine (9) months in FY 2022-23 in the amount of $1,200,750. Funding will be included in the FY 2022-23 Operating Budget for the portion of the premium expensed in next fiscal year.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022 -42, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,601,000 for the term beginning April 1, 2022, and ending March 31, 2023; and authorizing the City Manager to execute all related documentation.
Attachments
Attachment 1 Resolution No. 2022-42
Attachment 2 PRISM 2022-23 Budget Estimates
Ward: All
Synopsis of Previous Council Actions:
March 3, 2021 The Mayor and City Council adopted Resolution No. 2021 -54, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,292,000 for the term beginning April 1, 2021 and ending March 31, 2022.
July 15, 2020 The Mayor and City Council adopted Resolution No. 2020 -176, approving the annual renewal of the City’s various insurance policies negotiated through Alliant for the term beginning August 1, 2020 and ending July 31, 2021 for: (1) a pro -rated premium not to exceed $820,190 for property insurance for the term beginning August 1, 2020 and ending March 31, 2021; (2) for a premium not to exceed $6,350 for cyber liability insurance for the term beginning August 1, 2020 and ending July 1, 2021; and (3) for a premium not to exceed $3,500,000 for excess liability insurance; AND authorizing an amendment to the FY 2020 -21 Adopted Budget in the amount of $2,113,229 to be appropriated into the Liability Insurance Fund, Ac count Number 629 -110-0056-5161, from the General Fund Reserves and authorized staff to continue exploring options for containing excess general liability insurance costs and to bring back an update in August of the outcome and option selected.
8 Packet Pg. 289
Resolution No. 2022-42
Resolution 2022-42
March 2, 2022
RESOLUTION NO. 2022-42
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE ANNUAL RENEWAL OF THE CITY’S
PROPERTY INSURANCE PREMIUM NOT TO EXCEED
$1,601,000 FOR THE TERM BEGINNING APRIL 1, 2022
AND ENDING MARCH 31, 2023; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL RELATED
DOCUMENTATION
WHEREAS, the City of San Bernardino is one of 110 members that have pooled membership within Public Risk Innovation, Solutions, and Management (PRISM) for property insurance; and
WHEREAS, PRISM seeks quotes from both domestic and international markets each year in order to fil l the program insurance needs . Once the final quote is selected, PRISM works internally with actuaries and underwriters to determine the premium allocation of each member based on their individual loss experience and exposure information; and
WHEREAS, the City purchases commercial property insurance to cover for direct physical loss or damage to City property caused by or resulting from a covered cause of loss; and
WHEREAS, purchasing the City’s Property Insurance for policy term beginning April 1, 2022 and ending March 31, 2023 meets the City’s insurance coverage needs.
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 purchase the City’s Property Insurance for Policy Term April 1, 2022 through March 31, 2023.
SECTION 3. The City Manager is hereby authorized to execute all documents and agreements, including memoranda of understanding, to effectuate coverage for the City for property insurance in the amounts stated herein.
SECTION 4. The Mayor and City Council find 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.
8.a
Packet Pg. 290
Attachment: Attachment 1 - Resolution 2022-42 Annual Renewal of the City's Property Insurance for FY 2022/23 [Revision 1] (8778 : Annual Resolution No. 2022-42
Resolution 2022-42
March 2, 2022
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 2nd day of March 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
8.a
Packet Pg. 291
Attachment: Attachment 1 - Resolution 2022-42 Annual Renewal of the City's Property Insurance for FY 2022/23 [Revision 1] (8778 : Annual Resolution No. 2022-42
Resolution 2022-42
March 2, 2022
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. 2022-42, adopted at a regular meeting held on the 2nd day of March 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 3rd day of March 2022.
Genoveva Rocha, CMC, City Clerk
8.a
Packet Pg. 292
Attachment: Attachment 1 - Resolution 2022-42 Annual Renewal of the City's Property Insurance for FY 2022/23 [Revision 1] (8778 : Annual Estimated Premium: $458,000 to $504,000 Estimated Payroll: $85,371,039 Rating Group: HighSafety
Estimate Assumptions & Updates
Payroll Audit Adjustment
EWC Payroll History EWC Premium History
2021/22 Estimated Payroll: $78,602,970 2021/22 Deposit Premium: $391,052 2020/21 Estimated Payroll: $69,134,063 2020/21 Deposit Premium: $336,180 If you have directed us to apply the 2020/21 payroll audit to your 2022/23 premium, it has been included in the total collection shown. If you have decided to handle the payroll audit outside of your renewal premium, the estimated premium shown is the estimated total collection.
Public Risk Innovation, Solutions, and Management (PRISM) 2022/23 Budget Estimates, January 2022
City of San Bernardino
This second round of early estimates have been prepared to further aid you in budgeting for the 2022/23 fiscal year. It is important to keep in mind that it is still early in the process of determining each Program’s total cost for the upcoming year. Since the initial version provided in October, we have updated the budget estimates to reflect the estimated 2022/23 payroll submitted via the renewal applications and losses evaluated as of 6/30/2021. The estimates provided are intended to be conservative; however, since rates are still estimated, final premiums may be in excess of these estimates, we recommend you budget towards the high end of the range.
If you are aware that you have had any substantial changes over the past 12 months, please contact Rebekah Winger and a better estimate will be developed for you.
Excess Workers' Compensation Program
The EWC premium projections include estimated 2022/23 exposure as reported on the renewal applications and updated loss data evaluated as of 6/30/2021. We have assumed pool rate increases of 5%-15% for all rating groups. We have also assumed reinsurance increases of 15-25% for all carriers, with the exception of the Core Tower $5M - $45M layer where we have utilized 20% - 40% rate increases.
8.b
Packet Pg. 293
Attachment: Attachment 2 - PRISM 2022-23 Budget Estimates (8778 : Annual Renewal of the City's Property Insurance for FY 2022/23 (All SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2022/23 Budget Estimates, January 2022
0 This second round of early estimates have been prepared to further aid you in budgeting for the 2022/23 fiscal year. It is important to keep in mind that it is still early in the process of determining each Program’s total cost for the upcoming year. Since the initial version provided in October, we have updated the budget estimates to reflect the estimated 2022/23 payroll submitted via the renewal applications and losses evaluated as of 6/30/2021. The estimates provided are intended to be conservative; however, since rates are still estimated, final premiums may be in excess of these estimates, we recommend you budget towards the high end of the range.
If you are aware that you have had any substantial changes over the past 12 months, please contact Rebekah Winger and a better estimate will be developed for you. $56,000,000
$59,897,627
The liability, property, and cyber insurance markets have harde ned in response to increased claims costs. At this time, the GL2 program premium projections assume increases of 15% - 30% on most layers. These early estimates have been developed using the 2021/22 final allocatio n and projected market rate increases.
Individual member rate increases may differ from this range dep ending on their loss experience changes in exposure, or other factors. The market based program allocation of premium will be evaluated and approved by the GL2 Committee in the Spring.
Premium
$1,413,000 $1,547,000
General Liability 2 Program
2020/21 Estimated Payroll:
2021/22 Estimated Payroll:
to
$990,520
$1,209,60821/22 Premium:
20/21 Premium:
22/23 Estimated Premium: 2022/23 Estimated Payroll: $61,537,617 $351,191,722
$171,108,917
The 2022/23 updated October (Version 1) premium budget estimate s had an overall premium increase of 25%-35% for most members. This estimate is based on 2021/22 bin ding total insured values (TIV) and did not take into consideration property schedule updates. The December premium estimates are based on updated TIV as of November 18, 2021 and loss history. As indicated in t he initial budget estimates, members with adverse loss history and/or significant TIV increases between t he initial budget and the December budget may result in premium increases that are higher than the range prov ided in October. Finally, large catastrophic events or economic downturn prior to the March 31, 2022 renewal could impact the property insurance marketplace, resulting in further hardening of the market, potentially impacting the premium estimate.
Premium
$1,533,000 $1,601,000
Property Program
2021/22 AR TIV:
2021/22 EQ TIV:
to
$1,000,950
$1,225,76721/22 Premium:
20/21 Premium:
22/23 Estimated Premium:
8.b
Packet Pg. 294
Attachment: Attachment 2 - PRISM 2022-23 Budget Estimates (8778 : Annual Renewal of the City's Property Insurance for FY 2022/23 (All SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2022/23 Budget Estimates, January 2022
0 The Master Crime Program is currently placed with AIG for the f irst $10M layer, and with Berkley for the $5M excess of $10M layer. The Program has experienced significant loss activity in recent years, especially due to an increased frequency of Impersonation Fraud claims. Because of that, at this time we recommend budgeting for a 15%-25% rate increase. Please note that exposure changes could impact the premium.
Premium
$15,800 $17,200
Master Crime Program
to
$14,483
$13,71421/22 Premium:
20/21 Premium:
22/23 Estimated Premium:
At this time, we recommend members with no paid or open claims, to budget for a 35% - 75% rate increase.
For members that have paid losses or open claims with the poten tial for paid losses, please budget for a 50% - 100% rate increase. For members with significant losses and inadequate security controls, the increase may be larger.
Premium
$30,500 $39,500
Cyber Liability Program
to
$6,350
$22,53921/22 Premium:
20/21 Premium:
22/23 Estimated Premium:
8.b
Packet Pg. 295
Attachment: Attachment 2 - PRISM 2022-23 Budget Estimates (8778 : Annual Renewal of the City's Property Insurance for FY 2022/23 (All
Consent Calendar
City of San Bernardino
Request for Council Action
Date: March 2, 2022
To: Honorable Mayor and City Council Members
From: Edward Erjavek, Library Director
Subject: Accept the FY 2021-22 California Library Literacy Services Grant (All Wards)
Recommendation
Adopt Resolution 2022-45 of the Mayor and City Council of the City of San Bernardino, California authorizing the acceptance of grant funding in the amount of $87,752 from the California State Library's California Library Literacy Services (CLLS) and authorizing the Director of Finance to amend the FY 2021/22 adopted budget for revenue and expenditures to appropriate the funding.
Background
The San Bernardino Public Library (SBPL) has a Literacy Department located at Feldheym Central Library, within the Jack L. Hill Lifelong Learning Center. The Department is entirely reliant on grant funding for its programmatic operations. The Literacy Department budget is normally adopted by the Mayor and City Council in June for the next fiscal year . The budget represents a projection, and the actual amounts for the program are not known until later in the fall.
Discussion
Various services, besides basic literacy services, are also offered through the Jack L.
Hill Lifelong Learning Center including citizenship classes, free computer classes and home-work assistance for students in kindergarten through eighth grade.
The San Bernardino Public Library (SBPL) received a total grant award of $87,752. $67,502 in funding will go to the C alifornia Literacy Program which is slightly more than the A portion of the award, $66,439, was adopted by the Mayor and City Council on June 16, 2021 , for Fiscal Year 2021/22 . The remaining portion of the award, $20,250, will be allocated to the Families for Literacy Program which is slightly less than the $22,500 that was also adopted by the Mayor and City Council on June 16, 2021, for Fiscal Year 2021/22.
2021-2025 Key Strategic Targets and Goals
The acceptance and administration of this funding aligns with Key Target No. 1:
Improved Operational & Financial Capacity and Key Target No. 3: Improved Quality of Life, with customer service.
9 Packet Pg. 296
8800
Fiscal Impact
There is no fiscal impact to the City, as matching funds are not required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2022 -45 of the Mayor and City Council of the City of San Bernardino, California authorizing the acceptance of grant funding in the amount of $87,752 from the Califo rnia State Library's California Library Literacy Services (CLLS) and authorizing the Director of Finance to amend the FY 2021/22 adopted budget for revenue and expenditures to appropriate the funding.
Attachments
Attachment 1 Resolution No. 2022-45 - 2021/22 CLLS Grant Acceptance Attachment 2 2021/22 Grant Award Letter
Attachment 3 Programs 123-470-0532 & 123-470-8808 Budget
Ward: All
Synopsis of Previous Council Actions:
June 16, 2021 Mayor and City Council approved the Fiscal Year 2021/22 Proposed Operating Budget.
9 Packet Pg. 297
Resolution No. 2022-45
Resolution 2022-45
March 2, 2022
RESOLUTION NO. 2022-45
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE ACCEPTANCE OF GRANT FUNDING
IN THE AMOUNT OF $87,752 FROM THE CALIFORNIA
STATE LIBRARY ’S CALIFORNIA LIBRARY LITERACY
SERVICES (CLLS) AND AUTHORIZING THE DIRECTOR
OF FINANCE TO AMEND THE FY 2021/22 ADOPTED
BUDGET FOR REVENUE AND EXPENDIT URES TO
APPROPRIATE THE FUNDING
WHEREAS, California Library Literacy Services (CLLS) is a program of the California State Library; and
WHEREAS, CLLS is supported by finds form the State of California, provides through the California Library Literacy and English Acquisition Service Program, and b y local contributions to individual literacy programs; and
WHEREAS, according to estimates released in 2020 by the National Center for Education Statistics, 28 percent of Californians have a literacy proficiency level that is at or below Level 1. 36 percent of Californians have a numeracy level that is at or below Level 1; and WHEREAS, literacy programs in California’s public libraries change the lives of nearly 16,000 Californians every year; and
WHEREAS, library-based literacy programs are successful because public libraries are trusted spaces at the heart of the community; and
WHEREAS, the San Bernardino Public Library (SBPL) has a Literacy Department at the Feldheym Central Library, in the Jack L. Hill Lifelong Learning Center, that is ent irely grant funded; and
WHEREAS, various services, besides basic literacy services, are also offered through the Jack L. Hill Lifelong Learning Center including citizenship classes, free computer classes a nd homework assistance for students in kindergarten through eighth grade.
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 Library Director is hereby authorized to accept grant funding in the amount of $87,752 for two programs from the CLLS for Literacy Department programs.
9.a
Packet Pg. 298
Attachment: Attachment 1 Resolution No. 2022-45 - 2021-22 CLLS Grant Acceptance [Revision 2] (8800 : Accept the FY 2021-22 California Resolution No. 2022-45
Resolution 2022-45
March 2, 2022
SECTION 3. The Director of Finance is hereby authorized and directed to appropriate revenue and expenditures of $87,752 for two programs and incorporate the changes in the FY 2021/22 Adopted Budget.
SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
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 2nd day of March 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
9.a
Packet Pg. 299
Attachment: Attachment 1 Resolution No. 2022-45 - 2021-22 CLLS Grant Acceptance [Revision 2] (8800 : Accept the FY 2021-22 California Resolution No. 2022-45
Resolution 2022-45
March 2, 2022
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. 2022-45, adopted at a regular meeting held on the 2nd day of March 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 3rd day of March 2022.
Genoveva Rocha, CMC, City Clerk
9.a
Packet Pg. 300
Attachment: Attachment 1 Resolution No. 2022-45 - 2021-22 CLLS Grant Acceptance [Revision 2] (8800 : Accept the FY 2021-22 California DocuSign Envelope ID: D3623FCC-0A73-4C75-89C0-6088320FE309 In Process
9.b
Packet Pg. 301
Attachment: Attachment 2 - CLLS_2021-2022_Award_Packet_-_San_Bernardino_ (2) (8800 : Accept the FY 2021-22 California Library Literacy DocuSign Envelope ID: D3623FCC-0A73-4C75-89C0-6088320FE309 In Process
9.b
Packet Pg. 302
Attachment: Attachment 2 - CLLS_2021-2022_Award_Packet_-_San_Bernardino_ (2) (8800 : Accept the FY 2021-22 California Library Literacy San Bernardino Public Library Invoice #20-7062-1
PLEASE COMPLETE AND RETURN THIS PAGE
Claim Form
State of California
California Library Literacy and English Acquisition Services (CLLS)
California Education Code; Section 18880-18883
Budget Citation Chapter 21 – Budget Item 6120-213-0001
Fiscal Year: 2021-2022
Reporting Structure: 61202000 CO A: 5432000; Approp. Ref: 213 Purchasing Authority Number: CSL-6120 Category: 84121600 Program #: 5312
FOR PAYMENT OF CALIFORNIA LIBRARY LITERACY SERVICES GRANT
Amount Claimed – $81,002
$60,752 for ALS (90% of award) and $20,250 for FLS (100% of award) San Bernardino Public Library
claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sectio ns 18880-18883 of the California Education Code.
Warrant to be issued for payment to the library to be addressed to:
City of San Bernardino Public Library, ATTN: Library Director, 555 W 6th St, San Bernardino, CA 92410-3001
(Authorized agency to receive, disburse and account for CLLS funds)
I hereby certify under penalty of perjury: that the library named above shall use their allowance solely for the purposes indicated in their CLLS application and in Sections 18880-18883 of the California Education Code.
Official Representative or Fiscal Agent (Signature Required) Title
State Library Local Assistance Office Use Only
STATE OF CALIFORNIA, State Library Fiscal Office
By
State Library Representative
Approval by State:
CLLS $
Date:
*The warrant address must match that on file in Fi$Cal. If you need to change the authorized library name and/or address, please contact Gina Iwata, CSL Fiscal Office. ([email protected] ) DocuSign Envelope ID: D3623FCC-0A73-4C75-89C0-6088320FE309 Library Director
81,002
9/24/2021
In Process
9.b
Packet Pg. 303
Attachment: Attachment 2 - CLLS_2021-2022_Award_Packet_-_San_Bernardino_ (2) (8800 : Accept the FY 2021-22 California Library Literacy San Bernardino Public Library Invoice #20-7062-1
PLEASE COMPLETE AND RETURN THIS PAGE
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.
The claims the indicated allowance fo r the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18883 of the California Education Code.
City of San Bernardino Public Library, ATTN: Library Director, 555 W 6th St, San Bernardino, CA 92410-3001
S I G N E D D A T E
Signature - Authorized representative
Typed/Printed Name and Title of Authorized Representative
Email address of authorized representative
DocuSign Envelope ID: D3623FCC-0A73-4C75-89C0-6088320FE309 9/23/2021
Edward Erjavek
[email protected]
In Process
9.b
Packet Pg. 304
Attachment: Attachment 2 - CLLS_2021-2022_Award_Packet_-_San_Bernardino_ (2) (8800 : Accept the FY 2021-22 California Library Literacy
PROJECT INFORMATION:
Invoice #: 20-7062-1
Project Title: California Library Literacy Services
Grantee: San Bernardino Public Library
Funding Start Date: upon execution Term completion: December 31, 2022 Total Adult Literacy Services Funded Amount: $67,502
Total Family Literacy Services Funded Amount: $20,250
Total Award: $87,752
PAYMENT SCHEDULE:
Libraries may request 90% of their Adult Literacy Services award and 100% of their Family Literacy Services award upon receipt of the award letter.
Libraries may request the final 10% of their award upon the completion and approval of the mid-year report.
Note:
Libraries have 18 months to spend their CLLS fu nds, from the start of the fiscal year in which the funds are awarded until December 31 of the following fiscal year.
Adult Literacy Services Family Literacy
Services
Total Allocation
Initial
Payment
$60,752 $20,250 $81,002
Final
Payment
$6,750 $6,750
Total: $67,502 $20,250 $87,752
REPORTING:
Libraries will be required to submit mid-ye ar financial and program narrative reports as well as a final report. Reminder emails will be sent out beginning six weeks before each required report.
All required reporting materials will be located on the California State Library’s website.
The reporting schedule is detailed below.
Mid-year financial and Narrative report Due January 31, 2022 Final Report Due September 30, 2022
Note: A budget modification form will be required for all budget changes regardless of amount. Modification form may be submitted throughout the year but no later than May 31st.
DocuSign Envelope ID: D3623FCC-0A73-4C75-89C0-6088320FE309 In Process
9.b
Packet Pg. 305
Attachment: Attachment 2 - CLLS_2021-2022_Award_Packet_-_San_Bernardino_ (2) (8800 : Accept the FY 2021-22 California Library Literacy San Bernardino Public Library Invoice #20-7062-1
REQUIRED BUDGET MODIFICATION FORM:
As mentioned in your award letter, the Adult Literacy Services award amount is $1,063 higher than your original projected award. Due to this difference, we are asking all programs to complete a Budget Modification Form to be submitted along with the Claim Form. The Budget Modification Form showing the plan for the entire award must be completed and approved before your claim form can be processed.
Below is the Budget Modification Form pre-populated with your current approved budget and the justification for the changes. Please identify in the central column titled “Proposed Modifications” what category(ies) the additional funding will be spent in.
DocuSign Envelope ID: D3623FCC-0A73-4C75-89C0-6088320FE309 In Process
9.b
Packet Pg. 306
Attachment: Attachment 2 - CLLS_2021-2022_Award_Packet_-_San_Bernardino_ (2) (8800 : Accept the FY 2021-22 California Library Literacy California Library Literacy Services
Budget Modification Form
1. Grantee:
Fiscal Year: 2021-2022
Modification number: 1
2. Financial Section:
ADULT LITERACY SERVICES (CLLS) FAMILY LITERACY SERVICES (CLLS) Budget Categories Current
Budget
Proposed
Modifications
Revised
Budget
Current
Budget
Proposed
Modifications
Revised
Budget
CLLS YEARLY
TOTAL
(a) Salaries/Wages/Benefits
(b) Contract Staff
(c) Operations
(d) Library Literacy Materials
(e) Small Equipment
(f) Equipment ($5,000 or
more per unit)
(g) Indirect Cost
Total
3. Justification for modification:
4. Signatures:
Project Coordinator:
Director Name:
Director Signature:
Grant Monitor Signature:
Phone:
Phone:
Date:
Date:
Email:
Email:
☐ Approved ☐ Not Approved
Upon approval, the above requested Grant Award Budget Modification constitutes an official amendment to the Consolidated Application Notification of Grant Award. All amendments must remain a part of all existing copies of the Consolidated Application Notific ation of Grant Award document.
NOTE: Grant Award Budget Modification Form MUST be submitted for approval at least 30 days prior to the project end date.
The Adult Literacy Services award amount our jurisdiction was given was $1063 over the projected award amount used in its application. This modification form is showing how the additional funding is intended to be used and provides a budget for the total award.
DocuSign Envelope ID: D3623FCC-0A73-4C75-89C0-6088320FE309 In Process
9.b
Packet Pg. 307
Attachment: Attachment 2 - CLLS_2021-2022_Award_Packet_-_San_Bernardino_ (2) (8800 : Accept the Adopted
Budget
Amended
Current Month
YTD
YTD
Budget - YTD
% Used/
Account
Account Description
Budget
Amendments
Budget
Transactions
Encumbrances
Transactions
Transactions
Rec'd
Prior Year Total
Fund
123 - Federal grant programs
REVENUE
Department
470 - Library
Program
0532 - CALIFORNIA LITERACY PROGRAM
4695
Recoverable expense income (was 5945 in Linus)
66,439.00
.00
66,439.00
.00
.00
60,752.00
5,687.00
91 46,615.31
Program
0532 - CALIFORNIA LITERACY PROGRAM
Totals
$66,439.00
$0.00
$66,439.00
$0.00
$0.00
$60,752.00
$5,687.00
91%
$46,615.31
Program
8808 - Family Literacy Program
4695
Recoverable expense income (was 5945 in Linus)
22,500.00
.00
22,500.00
.00
.00
20,250.00
2,250.00
90 31,163.37
Program
8808 - Family Literacy Program
Totals
$22,500.00
$0.00
$22,500.00
$0.00
$0.00
$20,250.00
$2,250.00
90%
$31,163.37
Department
470 - Library
Totals
$88,939.00
$0.00
$88,939.00
$0.00
$0.00
$81,002.00
$7,937.00
91%
$77,778.68
REVENUE TOTALS
$88,939.00
$0.00
$88,939.00
$0.00
$0.00
$81,002.00
$7,937.00
91%
$77,778.68
EXPENSE
Department
470 - Library
Program
0532 - CALIFORNIA LITERACY PROGRAM
5011
Salaries Permanent Fulltime
.00
.00
.00
.00
.00
162.50
(162.50)
+++
255.95
5014
Salaries Temporary Parttime
55,000.00
13,927.25
68,927.25
2,315.96
.00
33,217.21
35,710.04
48 41,072.75
5026
PERS Retirement
.00
716.90
716.90
208.57
.00
3,299.43
(2,582.53)
460
2,783.10
5029
Medicare
.00
650.69
650.69
33.57 .00
484.02
166.67
74 599.31
5102
Computer Equip-Non Capital
.00
1,782.27
1,782.27
.00
.00
.00
1,782.27
0 .00
5111
Material And Supplies
8,614.00
.00
8,614.00
.00
.00
161.72
8,452.28
2 1,494.30
5132
Meetings And Conferences
500.00
.00
500.00
.00
.00
.00
500.00
0 .00
5133
Education And Training
575.00
.00
575.00
.00
.00
.00
575.00
0 100.00
5181
Other Operating Expense
1,000.00
(161.47)
838.53
.00
.00
.00
838.53
0 309.90
5505
Other Professional Services
750.00
.00
750.00
.00
.00
.00
750.00
0 .00
Program
0532 - CALIFORNIA LITERACY PROGRAM
Totals
$66,439.00
$16,915.64
$83,354.64
$2,558.10
$0.00
$37,324.88
$46,029.76
45%
$46,615.31
Program
8808 - Family Literacy Program
5102
Computer Equip-Non Capital
5,000.00
13,668.49
18,668.49
.00
13,651.43
135.39
4,881.67
74 15,726.94
5111
Material And Supplies
6,000.00
134.74
6,134.74
.00
.00
1,314.09
4,820.65
21 8,086.53
5112
Small Tools And Equipment
7,000.00
.00
7,000.00
.00
.00
484.55
6,515.45
7 3,815.29
5122
Dues And Subscriptions
.00
785.00
785.00
.00
.00
740.00
45.00 94
.00
5174
Printing Charges
.00
.00
.00
.00
.00
.00
.00
+++
2,082.80
5505
Other Professional Services
4,500.00
1,506.97
6,006.97
.00
679.72
1,127.25
4,200.00
30 1,451.81
Program
8808 - Family Literacy Program
Totals
$22,500.00
$16,095.20
$38,595.20
$0.00
$14,331.15
$3,801.28
$20,462.77
47%
$31,163.37
Department
470 - Library
Totals
$88,939.00
$33,010.84
$121,949.84
$2,558.10
$14,331.15
$41,126.16
$66,492.53
45%
$77,778.68
EXPENSE TOTALS
$88,939.00
$33,010.84
$121,949.84
$2,558.10
$14,331.15
$41,126.16
$66,492.53
45%
$77,778.68
Fund
123 - Federal grant programs
Totals
REVENUE TOTALS
88,939.00
.00
88,939.00
.00
.00
81,002.00
7,937.00
91%
77,778.68
EXPENSE TOTALS
88,939.00
33,010.84
121,949.84
2,558.10
14,331.15
41,126.16
66,492.53
45%
77,778.68
Fund
123 - Federal grant programs
Totals
$0.00
($33,010.84)
($33,010.84)
($2,558.10)
($14,331.15)
$39,875.84
($58,555.53)
$0.00
Run by Ed Erjavek on 02/09/2022 04:12:08 PM
Budget Performance Report
Fiscal Year to Date
02/09/22
Include Rollup Account and Rollup to Object
9.c
Packet Pg. 308
Attachment: Attachment 3 - Literacy Budget 123-470-0532, 8808 [Revision 1] (8800 : Accept the FY 2021- Grand Totals
REVENUE TOTALS
88,939.00
.00
88,939.00
.00
.00
81,002.00
7,937.00
91%
77,778.68
EXPENSE TOTALS
88,939.00
33,010.84
121,949.84
2,558.10
14,331.15
41,126.16
66,492.53
45%
77,778.68
Grand Totals
$0.00
($33,010.84)
($33,010.84)
($2,558.10)
($14,331.15)
$39,875.84
($58,555.53)
$0.00
Run by Ed Erjavek on 02/09/2022 04:12:08 PM
Budget Performance Report
Fiscal Year to Date
02/09/22
Include Rollup Account and Rollup to Object
9.c
Packet Pg. 309
Attachment: Attachment 3 - Literacy Budget 123-470-0532, 8808 [Revision 1] (8800 : Accept the FY 2021-
Consent Calendar
City of San Bernardino
Request for Council Action
Date: March 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. 12 (Ward 3)
Recommendation
Adopt Resolution No. 2022 -46 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Commu nity Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 12) and authorizing the levy of a special taxes therein.
Background
On June 5, 2019, the Mayor and City Co uncil 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 o f 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 e lection immediately following the public hearing.
10 Packet Pg. 310
8750
The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:
1. Maintenance of streets and sidewalks, including pavement management, an d provide street sweeping; and
2. 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 0.98 gross acres of vacant commercial property to include a Taco Bell. The property is located north of I -10 at the southeast intersection of S Waterman Ave and E Hospitality Lane. At build out this development will create 0.98 net taxable acres as a new Tax Zone No. 13 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. 13), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $1,169 per acre for FY 2022/23.
In order to annex property to CFD No. 201 9-1 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 t o 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 Resolution 2022 -46, the Public Hearing would be scheduled for March 16, 2022.
2021-2025 Key Strategic Targets and Goals
10 Packet Pg. 311
8750
This project is consistent with Key Target No 1. Improved Operational & 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.
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 $1,169 to be used to pay for maintenance costs.
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.
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 2022 -XX, 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. 12) and auth orizing the levy of special taxes therein.
Attachments
Attachment 1 Resolution 2022-46
Attachment 2 Exhibit A - Description of Territory
Attachment 3 Exhibit B - Description of Authorized Services Attachment 4 Exhibit C - Rate and Method of Apportionment Attachment 5 Exhibit D - Annexation and Potential Annexation Boundary Maps Attachment 6 Exhibit E - Signed Petition, Waiver and Consent Attachment 7 Exhibit F - Notice of Public Hearing
Attachment 8 Exhibit G - Special Election Ballot
Attachment 9 Location Map
Attachment 10 CFD Landscape Maintenance Exhibit
Ward: 3
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019 -81, a 10 Packet Pg. 312
8750
Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello - Roos Community Facilities Act of 1982”.
July 17, 2019 Mayor and City Council adopted Resolution No. 2019 -178 establishing Community Facil ities 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 o f 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.
10 Packet Pg. 313
Resolution No. 2022-46
Resolution 2022-46
March 2, 2022
RESOLUTION NO. 2022-46
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. 12) 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 b e 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 Counci l 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
10.a
Packet Pg. 314
Attachment: Attachment 1 - Resolution No. 2022-46 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 12 [Revision 2] (8750 :
Resolution No. 2022-46
Resolution 2022-46
March 2, 2022
(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. 12, 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 C FD 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 pay ment 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 da ys prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.
10.a
Packet Pg. 315
Attachment: Attachment 1 - Resolution No. 2022-46 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 12 [Revision 2] (8750 :
Resolution No. 2022-46
Resolution 2022-46
March 2, 2022
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. The Mayor and City Council finds this Resolution is not subject t o 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 City Clerk this 2nd day of March 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
10.a
Packet Pg. 316
Attachment: Attachment 1 - Resolution No. 2022-46 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 12 [Revision 2] (8750 :
Resolution No. 2022-46
Resolution 2022-46
March 2, 2022
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. 2022-46, adopted at a regular meeting held on the 2nd day of March 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 3rd day of March 2022.
Genoveva Rocha, CMC, City Clerk
10.a
Packet Pg. 317
Attachment: Attachment 1 - Resolution No. 2022-46 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 12 [Revision 2] (8750 :
EXHIBIT A
DESCRIPT
ION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities Dist rict No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 12 is currently comprised of one parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).
APN Owner
Name
0281-061-35 Dreamland Real Estate Holdings
10.b
Packet Pg. 318
Attachment: Attachment 2 - Exhibit A - Description of Territory (8750 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1
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 attribut able to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, park ways, streets, roads and open space, which maintenance and lighting services may include, without lim itation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and repl acement) 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 fr om and maintenance and repair of public structures situated on parks, parkways, street s, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water qualit y improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way includi ng the removal of petroleum hydrocarbons and other pollutants from water runoff, or appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential 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 th e forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.
10.c
Packet Pg. 319
Attachment: Attachment 3 - Exhibit B - Description of Authorized Services (8750 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-
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 costs to the City, CFD No. 2019‐1, or any designee thereof associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map
that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
10.d
Packet Pg. 320
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
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 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means
the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019‐1.
10.d
Packet Pg. 321
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
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.
10.d
Packet Pg. 322
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
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
10.d
Packet Pg. 323
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
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 is identified 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:
10.d
Packet Pg. 324
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
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)
10.d
Packet Pg. 325
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
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
10.d
Packet Pg. 326
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
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
10.d
Packet Pg. 327
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
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 purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
10.d
Packet Pg. 328
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
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.
10.d
Packet Pg. 329
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
City of San Bernardino 11
Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2022‐23. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019‐1.
TAX ZONE 13
LLA 2020‐004
Item Description Estimated Cost
1 Streets $396
2 Reserves $250
3 Admin $500
Total $1,146
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.
TAX ZONE 13
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $1,169 $0
TAX ZONE 13
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $1,169 $0
10.d
Packet Pg. 330
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services) TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136‐191‐21 2022‐23 $6,571 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
10.d
Packet Pg. 331
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
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) DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any portions adjacent to the properties within CFD No. 2019‐1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019‐1 before CFD No. 2019‐1 was created.
10.d
Packet Pg. 332
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
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
10.d
Packet Pg. 333
Attachment: Attachment 4 - Exhibit C - Rate and Method of Apportionment (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
SAN
TIMOTEO
CRK
WATERMAN AVE
HOSPITALITY
LN
0281-061-35
§¨¦10
ANNEXATION MAP NO. 12
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEETI HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AT A REGULAR MEETING THEREOF, HELD
ON 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 13
^_
£¤66
£¤66
£¤66
§¨¦215
§¨¦10
·|}þ259
·|}þ38
·|}þ18
·|}þ
330
·|}þ210
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR
PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS
CONCERNING THE LINES AND DIMENSIONS OF LOTS OR
PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2021-22.
-
LEGEND
ANNEXA TION AREA BOUNDARY
PARCEL LINE
CITY BOUNDARY
XXXX-XXX-XX ASSESSOR PARCEL NUMBER
13 TAX ZONE
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
C A L I F O R N I A .
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
J U N E 6 , 2 0 1 9 I N B O O K 8 8 O F M A P S O F A S S E S S M E N T AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
ST A TE OF CALIFORNIA.
THIS MAP WAS FILED UNDER DOCUMENT NUMBER
_____________, THIS ____ DAY OF _______, 20 ____, AT _____ M. IN BOOK ___ OF __________ AT PAGE ____, AT
THE REQUEST OF _____________________________
IN THE AMOUNT OF $_________
BOB DUTT ON
ASSESSOR-RE CORDER-CLERK
C OUNTY OF SAN BERNARDINO
BY:________________________________
DEPUTY RECORDER
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
13 EXHIBIT D
10.e
Packet Pg. 334
Attachment: Attachment 5 - Exhibit D - Annexation and Potential Annexation Boundary Maps (8750 :
10.e
Packet Pg. 335
Attachment: Attachment 5 - Exhibit D - Annexation and Potential Annexation Boundary Maps (8750 :
10.f
Packet Pg. 336
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent [Revision 1] (8750 : Resolution Declaring Intent to Annex Territory:
10.f
Packet Pg. 337
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent [Revision 1] (8750 : Resolution Declaring Intent to Annex Territory:
10.f
Packet Pg. 338
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent [Revision 1] (8750 : Resolution Declaring Intent to Annex Territory:
10.f
Packet Pg. 339
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent [Revision 1] (8750 : Resolution Declaring Intent to Annex Territory:
10.f
Packet Pg. 340
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent [Revision 1] (8750 : Resolution Declaring Intent to Annex Territory:
10.f
Packet Pg. 341
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent [Revision 1] (8750 : Resolution Declaring Intent to Annex Territory:
10.f
Packet Pg. 342
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent [Revision 1] (8750 : Resolution Declaring Intent to Annex Territory:
10.f
Packet Pg. 343
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent [Revision 1] (8750 : Resolution Declaring Intent to Annex Territory:
10.f
Packet Pg. 344
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent [Revision 1] (8750 : Resolution Declaring Intent to Annex Territory:
10.f
Packet Pg. 345
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent [Revision 1] (8750 : Resolution Declaring Intent to Annex Territory:
10.f
Packet Pg. 346
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent [Revision 1] (8750 : 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. 12)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on March 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, April 6, 2022 at the Bing Wo ng Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, Califor nia, 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 an nexation of the territory or the levying of the special taxes will be heard. If and to the extent participati on in the April 6, 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, t he 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 outs ide of the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Be rnardino, 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
10.g
Packet Pg. 347
Attachment: Attachment 7 - Exhibit F - Notice of Public Hearing (8750 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1
EXHIBIT G
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 12
(April 6, 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 Landowne
r Number of Acres Owned Total Votes
Dreamland Real Estate Holdings 0.98 1
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 23, 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 April 6, 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 April 6, 2022.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
10.h
Packet Pg. 348
Attachment: Attachment 8 - Exhibit G - Special Election Ballot (8750 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Dreamland Real Estate Holdings
Attn: Jasmin Patel
1500 E. Katella Ave. #5
Orange, CA 92867
0281-061-35
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 March 2, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 12 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__.
Dreamland Real Estate Holdings
B y : J a s m i n P a t e l
CEO
Signature
Print Name
Title
10.h
Packet Pg. 349
Attachment: Attachment 8 - Exhibit G - Special Election Ballot (8750 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1
PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 13
10.i
Packet Pg. 350
Attachment: Attachment 9 - Location Map (8750 : Resolution Declaring Intent to Annex Territory: CFD No.
10.j
Packet Pg. 351
Attachment: Attachment 10 - CFD Landscape Maintenance Exhibit (8750 : Resolution Declaring Intent to
Consent Calendar
City of San Bernardino
Request for Council Action
Date: March 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Public Works Equipment Purchase - Avant Compact Wheel Loader and Collecting Brush (All Wards)
Recommendation
Approve Resolution No. 2022 -47 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Volvo Construction Equipment and Services for the purchase of one new Avant Compact Wheel Loader and Collecting Broom Attachment in an amount not to exceed $127,000.
Background
The Public Works Department is responsible for operating and maintaining City assets including storm drains, parks, sidewalk, and streets. The availability of reliable heavy equipment and new technology are critical for the Department to accomplish essential maintenance duties with the City’s assets. To continue su pporting the provision of maintenance work, the Public Works Department submitted a request to replace outdated, or purchase new, equipment through Fiscal Year 2021/22.
On June 16, 2021, the Mayor and City Council approved City’s Fiscal Year 2021/22 Operating Budget that provided funding for the Public Works Department to purchase one new Avant Compact Wheel Loader and Collecting Broom Attachment. This equipment will ensure that the Operations and Maintenance team is able to perform daily work tasks safely and efficiently.
Discussion
The Public Works Department worked with the Finance Department during the procurement process to select a vendor for the requested purchase. Ultimately, Volvo Construction Equipment and Services was identified as the sole sour ce and the only supplier capable of fulfilling the request.
The equipment is necessary to continue the right -of-way cleaning services throughout the City. Currently, staff are utilizing a pressure washer to wash down the sidewalk in the downtown area. Thi s is a time -consuming process considering staff is required to clean the area with brooms prior to pressure washing. The new equipment will expedite the process and allow staff to increase overall efficiency. The programmatic goal is to 11 Packet Pg. 352
8771
clean a most of the City’s sidewalks that are located on major streets.
2021-2025 Strategic Targets and Goals
Purchase of the Avant Compact Wheel Loader aligns with Key Target No. 1: Improved Operational & Financial Capacity as it eliminates the need to consider expensive r ental costs and supports a positive framework for spending decisions. This purchase also supports the objective of minimizing risk and litigation exposure by providing the latest safety feature for City staff (internal risk) and maximizing work efficiencies in the field.
Fiscal Impact
Funding for the equipment purchase was approved through the FY 2021/22 Operating Budget Report as shown below:
Purchase Account Purchase Amount
Avant Compact Wheel Loader
and Collecting Broom Attachment
Motor Vehicles Not to exceed $127,000
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California, approve Resolution No. 2022-47, authorizing the Director of Finance to issue a purchase order to Volvo Construction Equ ipment and Services for the purchase of one new Avant Compact Wheel Loader and Collecting Broom Attachment in an amount not to exceed $127,000.
Attachments
Attachment 1 Resolution 2022-47
Attachment 2 Avant Compact Wheel Loader and Collecting Brush Quote
Ward: All
Synopsis of Previous Council Actions:
June 16, 2021 Mayor and City Council approved the City’s Operating Budget Resolution No. 2021-138.
11 Packet Pg. 353
Resolution No. 2022-47
Resolution 2022-47
March 2, 2022
RESOLUTION NO. 2022-47
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE
A PURCHASE ORDER TO VOLVO CONSTRUCTION
EQUIPMENT & SERVICES FOR THE PURCHASE OF ONE
NEW AVANT COMPACT WHEEL LOADER AND
COLLECTING BROOM ATTACHMENT IN AN AMOUNT
NOT TO EXCEED $ 127,000.
WHEREAS, the Public Works Department oversees the operations and maintenance of the City infrastructure; and
WHEREAS, heavy equipment purchases are necessary to support the provision of maintenance services to the City’s storm drains; and
WHEREAS, the approved FY 2021/22 Operating Budget provided funding for the purchase of one new Avant Compact Wheel Loader with Collecting Broom Attachment; and WHEREAS, the City seeks to issue a purchase order to Volvo Construction Equipment & Services for equipment in an amount not to exceed $127,000.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council hereby authorize the Director of Finance to issue a purchase order to Volvo Construction Equipment and Services for the purchase of one new Avant Compact Wheel Loader and Collecting Broom Attachment in an amount not to exceed $127,000.
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case , that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
11.a
Packet Pg. 354
Attachment: Attachment 1 - Resolution 2022-47 Public Works Equipment Purchase - Avant Compact Wheel Loader and Collecting Brush Resolution No. 2022-47
Resolution 2022-47
March 2, 2022
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of March 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
11.a
Packet Pg. 355
Attachment: Attachment 1 - Resolution 2022-47 Public Works Equipment Purchase - Avant Compact Wheel Loader and Collecting Brush Resolution No. 2022-47
Resolution 2022-47
March 2, 2022
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. 2022-47, adopted at a regular meeting held on this 2nd day of March 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 3rd day of March 2022.
Genoveva Rocha, CMC, City Clerk
11.a
Packet Pg. 356
Attachment: Attachment 1 - Resolution 2022-47 Public Works Equipment Purchase - Avant Compact Wheel Loader and Collecting Brush
11.b
Packet Pg. 357
Attachment: Attachment 2 - Avant Compact Wheel Loader and Collecting Brush Quote (8771 : Public Works Equipment Purchase - Avant
11.b
Packet Pg. 358
Attachment: Attachment 2 - Avant Compact Wheel Loader and Collecting Brush Quote (8771 : Public Works Equipment Purchase - Avant
Consent Calendar
City of San Bernardino
Request for Council Action
Date: March 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Relinquishment of Dement Street to the City of San Bernardino (Ward 5)
Recommendation
Adopt Resolution No. 2022 -48 of the Mayor and City Council of the City of San Bernardino, California, accepting title control and maintenance to a reconstructed portion of De ment Street upon relinquishment by the State of California and receipt of written notice from the State that the work thereon has been completed.
Background
The California Department of Transportation (Caltrans) District 8 in cooperation with SBCTA is currently in the process of project closeout for facility improvements related to the I -15/I-215 interchange . The intent of the project was to reduce pre -existing operational deficiencies, facilitate efficient goods movement through the interchange, reduce pr e-existing and forecast traffic congestion, and make upgrades to a modern standard. Segment 1 on Dement Street will be relinquished to the City of San Bernardino. There are no APN numbers because it is a transfer of an operating local street.
Discussion
Staff has explored, through expressed interest and State documents, the opportunity to own the relinquished portion of Dement Street from the State of California, Department of Transportation (Caltrans). The relinquishment is within the original APE cleared by Cultural Studies for the project in 2011. Therefore, no further cultural work is required.
PALEONTOLOGICAL RESOURCES: September 22, 2021. In coordination with District Paleontology, due to the nature of the project, no paleontological studies were required.
BIOLOGICAL RESOURCES: September 2, 2021. Adjacent to Segment 1 exists San Bernardino Kangaroo Rat marginally suitable habitat; the original project caused permanent impacts to the area reducing the habitat. These impacts have already been mitigated for. Therefore, there are no biological concerns relinquishing the Segment 1.
HAZARDOUS WASTE: Per Initial Site Assessment (ISA) Checklist dated September 2, 2021. The Initial Site Assessment (ISA) completed for this project determined that the 12 Packet Pg. 359
8791
potential for hazardous waste involvement is “Low Risk”.
NOISE: September 10, 2021. Based on the project information provided for the relinquishment, no noise study is required.
AIR QUALITY: Memorandum to File: September 13, 2021. Based on the project information provided for the relinquishment, no air quality study is required.
The City has stipulated that they will accept the Dement Street relinquishment from the California Department of Transportation (Caltrans) District 8 at this time. This relinquishment facilitates the transfer of an operating local street . Given the cost savings to the City in having the California Department of Transportation (Caltrans) District 8 relinquish that segment of Dement Street, staff recommends that the City consider the proposed relinquishment option. Since no other interested parties were contacted by Caltrans, the acceptance of the relinquishment would benefit the City by bringing in public interest and fostering goodwill between the City and State. The approval of thi s relinquishment will also strengthen the City’s ongoing partnership with the California Department of Transportation (Caltrans) District 8. Maintaining healthy partnerships enables the City to maximize public street protection and control within its own j urisdictional boundaries. Efforts to enhance public street protection services will help meet the City’s adopted strategic goals.
2021-2025 Strategic Targets and Goals
Discussion and direction related to the status of city -owned facilities aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community, and Key Target No. 4: Economic Growth & Development by building a culture that attracts, retains, and motivates the highest quality talent through the development of a community engagement plan that will promote economic growth and development.
Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022 -48, accepting title contr ol and maintenance to a reconstructed portion of Dement Street upon relinquishment by the State of California and receipt of written notice from the State that the work thereon has been completed.
Attachments
Attachment 1 Resolution 2022-48
Attachment 2 Exhibit A Proposed Relinquishment 498-S Map Attachment 3 Exhibit B Right of Way Appraisal Map
Ward: 5
Synopsis of Previous Council Actions: N/A
12 Packet Pg. 360
Resolution No. 2022-48
Resolution 2022-48
March 2, 2022
RESOLUTION NO. 2022-48
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACCEPTING TITLE CONTROL AND MAINTENANCE TO
A RECONSTRUCTED PORTION OF DEMENT STREET
UPON RELINQUISHMENT BY THE STATE OF
CALIFORNIA AND RECEIPT OF WRITTEN NOTICE
FROM THE STATE THAT THE WORK THEREON HAS
BEEN COMPLETED
WHEREAS, pursuant to “Off-site Street Construction Permit” No. E1400631and plans approved by the City on May 19, 2014; the city allowed the State to perform work on a portion of Dement Street from Post Mile 16.9 to Post Mile 17.1; and
WHEREAS, State has requested the City accept title, control, and maintenance to said portion of Dement Street as shown on Exhibits A and B attached and incorporated herein upon relinquishment by State and receipt of written notice from State that the work has been completed, except for any portion which is adopted by the state as a part of the freeway proper; and
WHEREAS, State has requested the city waives the 90-day notice of “Intention to Relinquish” requirement contained in Section 73 of State Streets and Highways Code; and
WHEREAS, State has requested the City acknowledge receipt and review of the Initial Site Assessment Document EA 0K710 dated September 2, 2021 (ISA DOC EA 0K710) and agrees no dangerous conditions exist on said portion of Dement Street; and
WHEREAS, State has requested City to accept relinquishment of said portion of Dement Street in its current environmental condition and setting, including, but not limited to, the presence of hazardous materials as described in the ISA DOC EA 04351; and
WHEREAS, State has requested to be held harmless from and not responsible for any present or future remediation of said hazardous materials upon recordation of the CTC Resolution of Relinquishment. Upon said recordation, City will have all right, title, or interest to the said portion of Dement Street shown as proposed Relinquishment No. 498-S on Exhibit “A” and reconstructed Dement Street on Exhibit “B”.
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.
12.a
Packet Pg. 361
Attachment: Attachment 1 - Resolution 2022-48 Relinquishment of Dement Street to the City of San Bernardino [Revision 3] (8791 :
Resolution No. 2022-48
Resolution 2022-48
March 2, 2022
SECTION 2 . The Mayor and City Council hereby agrees to accept title, control, and maintenance of the said portion of Dement Street upon relinquishment by Stat e and receipt of written notice from State that the work has been completed.
SECTION 3. The Mayor and City Council hereby waives the 90 -day Notice of Intent to Relinquish right of way from the State.
SECTION 4. The Mayor and City Council hereby acknowledges receipt and review of the Initial Site Assessment Document EA 0K710 dated September 2, 2021, and agree no dangerous conditions exist on said portion of Dement Street.
SECTION 5. The Mayor and the C ity Council agrees the State shall be held harmless from and not responsible for any present or future remediation of said hazardous materials upon recordation of the CTC Resolution of Relinquishment. Upon said recordation, City will have all right, title, or interest to the said portion of Dement Street shown as proposed Relinquishment No. 498-S on Exhibit “A” and reconstructed Dement Street on Exhibit “B”.
SECTION 6. 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. 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 8. 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 2nd day of March 2022.
John Valdivia, Mayor
City of San Bernardino
12.a
Packet Pg. 362
Attachment: Attachment 1 - Resolution 2022-48 Relinquishment of Dement Street to the City of San Bernardino [Revision 3] (8791 :
Resolution No. 2022-48
Resolution 2022-48
March 2, 2022
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
12.a
Packet Pg. 363
Attachment: Attachment 1 - Resolution 2022-48 Relinquishment of Dement Street to the City of San Bernardino [Revision 3] (8791 :
Resolution No. 2022-48
Resolution 2022-48
March 2, 2022
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. 2022-48, adopted at a regular meeting held on the 2nd day of March 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 3rd day of March 2022.
Genoveva Rocha, CMC, City Clerk
12.a
Packet Pg. 364
Attachment: Attachment 1 - Resolution 2022-48 Relinquishment of Dement Street to the City of San Bernardino [Revision 3] (8791 :
EXHIBIT "A"
SHEET 1 OF 1
CITY LIMIT LINE
THE CITY OF SAN BERNARDINO
BY THE STATE OF CALIFORNIA TO
PROPOSED RELINQUISHMENT 498-S
RANCHO MUSCUBIABE
RW
RW
RW
RW
TO VICTORVILLE
TO RIVERSIDE
ACCESS CONTROL
CITY OF SAN BERNARDINO
SAN BERNARDINO
COUNTY OF
DEMENT
STREET
STATE ROUTE 215
CITY LIMIT
PORTION TO BE RELINQUISHED
N 44^33
'34
" W
477.84'445
.97'
N 44^30
'08" E
50 .09
'
N15^4 3'33"E
6 6.0 8'
N 48
^18'25
" W
N45
^29
'52
"W TO BE RELINQUISHED
PORTION OF DEMENT STREET
FOR SPECIFIC R/W DATA.
2. SEE CALTRANS RIGHT-OF-WAY MAP NO. RW000150-06
RESOLUTION
UNTIL THE RECORDATION OF THE RELATED CTC
NOTES: 1. RELINQUISHMENT NO. 498-S IS NOT COMPLETED
COMMUNITY OF DEVORE
UNINCORPORATED
NO SCALE
12.b
Packet Pg. 365
Attachment: Attachment 2 - Resolution 2022-48 Exhibit A Proposed Relinquishment 498-S Map (8791 : Relinquishment of Dement Street to the
EXHIBIT B
12.c
Packet Pg. 366
Attachment: Attachment 3 - Resolution 2022-48 Exhibit B
Consent Calendar
City of San Bernardino
Request for Council Action
Date: March 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Annual Purchase Order for Fairview Ford (All Wards)
Recommendation
Adopt Resolution No. 2022 -49 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Agreement with Fairview Ford and issue an Annual Purchase Order to Fairview Ford for the purpose of supplying Ford parts, service and body repairs in an amount not to exceed $230,000 on an annual basis with four single year renewal options to the Public Works Department, Fleet Division for the maintenance of City owned vehicles and equipment.
Background
The Fleet Division of the Public Works Department operates and maintains over six hundred units that include 292 Ford vehicles ranging from sedans to F -550 trucks. The Fleet Division procures a variety of automotive parts for the repairs and service of these vehicles.
Discussion
On November 1 and November 10, 2021, staff publicized a Request For Quote (RFQ) on the City’s website using Plant Bids (RFQ F 22 -24 for Ford parts & supplies and RFQ F 22 -27 fo r automotive body repairs and paint). Based on the RFQ results, Fairview Ford was selected as the lowest qualified bidder for the supply of parts, service, and auto body repairs.
2021-2025 Strategic Targets and Goals
Approval of this annual purchase order aligns with Key Target No.1: Improved Operational & Financial Capacity as it supports the objective of minimizing risk and litigation exposure through timely replacement of parts, service, and body repairs that do not compromise Ford warranties.
Fiscal Impact
Funding for this action was included in the FY 2021/22 Budget in the Public Works Fleet Division budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, 13 Packet Pg. 367
8793
California, adopt Resolution No. 2022 -49, authorizing the City Manager to execute an Agreement with Fairview Ford and issue an Annual Purchase Order to Fairview Ford for the purpose of supplying Ford parts, service and body repairs in an amount not to exceed $230,000 on an annual basis with four single year renewal options to the Public Works Department, Fleet Division for the maintenance of City owned vehicles and equipment.
Attachments
Attachment 1 Resolution 2022-49
Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement
Attachment 3 RFQ F-22-24 Ford Parts & Supplies
Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint
Ward: All
Synopsis of Previous Council Actions:
July 7, 2014 The Mayor and City Council adopted Resolution No. 2014 -260 approving an agreement and issuance of an annual purchase order in the amount of $116,000 with three single year renewal options.
September 6, 2017 The Mayor and City Council adopted Resolution No. 2017 -168 approving an agreement and issuance of an annual purchase order in the amount not to exceed $120,000 with three single year renewal options.
April 21, 2021 The Mayor and City Council adopted Resolution No. 2021 -95 approving an agreement increasing the amount not to exceed $140,000.
13 Packet Pg. 368
Resolution No. 2022-49
Resolution 2022-49
March 2, 2022
RESOLUTION NO. 2022-49
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH FAIRVIEW FORD ; AND
AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE
AN ANNUAL PURCHASE ORDER FOR THE PURPOSE OF
SUPPLYING FORD PARTS, SERVICE AND BODY
REPAIRS IN AN A MOUNT NOT TO EXCEED $230,000
ANNUALLY WITH FOUR SINGLE YEAR RENEWAL
OPTIONS TO THE PUBLIC WORKS DEPARTMENT,
FLEET DIVISION, FOR THE MAINTENANCE OF CITY
OWNED VEHICLES AND EQUIPMENT
WHEREAS, the Public Works Department, oversees the maintenance of light & heavy equipment parts, service, and body repair for City vehicles; and WHEREAS following a competitive bid process, City staff determined that Fairview Ford provides the most cost-effective service for suppl ying parts, vehicle service and body repair for the Department’s fleet.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council hereby authorize the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and Fairview Ford, a copy of which is attached hereto, marked as Exhibit A.
SECTION 3. The Mayor and City Council hereby authorize the Director of Finance to issue an Annual Purchase Order to Fairview Ford for a total amount not to exceed $ 230,000 annually and shall incorporate the terms and conditions of the agreement, as follows:
FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27
$230,000 $230,000 $230,000 $230,000 $230,000
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 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
13.a
Packet Pg. 369
Attachment: Attachment 1 Resolution 2022-49 Annual Purchase Order for Fairview Ford [Revision 3] (8793 : Annual Purchase Order for Resolution No. 2022-49
Resolution 2022-49
March 2, 2022
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 2nd day of March 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
13.a
Packet Pg. 370
Attachment: Attachment 1 Resolution 2022-49 Annual Purchase Order for Fairview Ford [Revision 3] (8793 : Annual Purchase Order for Resolution No. 2022-49
Resolution 2022-49
March 2, 2022
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. 2022-49, adopted at a regular meeting held on the 2nd day of March 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 2nd day of March 2022.
Genoveva Rocha, CMC, City Clerk
13.a
Packet Pg. 371
Attachment: Attachment 1 Resolution 2022-49 Annual Purchase Order for Fairview Ford [Revision 3] (8793 : Annual Purchase Order for 1 VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND FAIRVIEW FORD
This Agreement is made and entered into as March 2, 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Fairview Ford , a Corporation with its principal place of business at 292 N “G” Street., San Bernardino CA 92410 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of vendor services for the following project:
Supply Ford OEM Parts, Service and body repairs (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
3. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws th at may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by
13.b
Packet Pg. 372
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 2 Consultant under this Agreement exceed the sum of $230,000 per fiscal year . This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within fort y-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2022 unless the Agreement is previously terminated as proved for herein (“Term”). The City, in its sole and absolute discretion, has the option to extend the Agreement for f our additional one -year terms. If all option terms are exercised by the City, Agreement shall expire on June 30, 2026.
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) ye ars from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the fol lowing: (1)
13.b
Packet Pg. 373
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 3 Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other P arty describing the circu mstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foreg oing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state, and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care . Consultant’s services will be performed in accordance with generally accepted practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment wi th any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate . Consultant shall, prior to execution of this Agreement, obtain and maintain du ring the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever
13.b
Packet Pg. 374
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 4 nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant . Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. A ny attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from e mploying independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant . Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino , its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
13.b
Packet Pg. 375
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 5 (iii) Commercial G eneral Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents , and City -designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
13.b
Packet Pg. 376
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 6 (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the Californ ia Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employ er’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occur rence/$4,000,000 aggregate for bodily injury, p ersonal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits.
13.b
Packet Pg. 377
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 7 (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equival ent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate , the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non -payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least thre e years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
13.b
Packet Pg. 378
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 8 (v) The limits set forth herein shall apply separately to e ach insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it lim it the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers
(i) All policies required shall be issue d by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to prov ide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence sat isfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact
13.b
Packet Pg. 379
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 9 same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8) , then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the p erformance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements . Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “ maintenance” projects. If the S ervices are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agre es to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815)
13.b
Packet Pg. 380
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 10 and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance moni toring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility . By executing this Agr eement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be am ended from time to time, and shall require all subconsultants and sub -subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substan tial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
22. Attorneys’ Fees . In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by
13.b
Packet Pg. 381
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 11 the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, wh en requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Fairview Ford as Project Manager.
The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, address ed to the following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Alex Qish ta, Interim Public Works
Director
With Copy To:
CONSULTANT:
Fairview Ford
525 N “G” Street.,
San Bernardino Ca 92410
Linda Barman
13.b
Packet Pg. 382
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 12 City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
30. Third Party Rights . Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgra ding, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A ,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereun der. Each Party acknowledges that no representations, inducements, promises , or agreements have been mad e by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illega l, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, admi nistrators and assigns of each P arty to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waive r of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
13.b
Packet Pg. 383
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 13 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisi ons of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
13.b
Packet Pg. 384
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 14 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND FAIRVIEW FORD
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
FAIRVIEW FORD
Signature
Name
Title
13.b
Packet Pg. 385
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 15 EXHIBIT A
Fairview Ford to provide OEM Parts – RFQ 22-24
Item STK# P/N Description Bid Price
Each
1 03-068 6W1Z4234A Axle shaft 193.20
2 03-078 DG1Z5461203BA Seat belt 71.93
3 04-092 6W1Z3085B Control Arm 80.22
4 04-094 6W1Z3084B Control Arm 80.22
5 04-103 6W1Z5K484AA Stabilizer Link 48.20
6 04-107 7W7Z5443200A Trunk latch 50.72
7 04-113 6U2Z14S411TA Wiring Pigtail 15.02
8 04-186 SP493 Spark plug 2.68
9 04-186A SP405 Spark Plug 3.37
10 04-197 1U2Z14S411JB Wiring Pigtail 11.55
11 04-202 BW1Z10A936A Air Bag Light 10.62
12 04-203 AW7Z19E616A Blend Door Mot 41.79
13 04-215 9C3Z8101B Coolant Cap 5.47
14 04-460 8W1Z8C607C Radiator Fan 219.45
15 04-461 6W1Z8B658AC Fan Module 156.45
16 09-301 F6AZ7A098A Trans filter 13.83
17 21-000 6F2Z1A189A TPMS Sensor 48.29
18 21-011 2FGZ1A189A TPMS Sensor 48.29
19 24-206 7W7Z1007CCP Wheel 30.66
13.b
Packet Pg. 386
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order 16 20 247-208 BW7Z18124A Strut 57.54
21 24-210 DG1Z1015ACP Wheel 61.82
AUTOMOTIVE BODY REPAIRS & PAINT – RFQ 22-27
Item Repair Type Make Model Year Bid Price
1 OEM Replace right
front fender and match
paint
Ford Explore 3.7L Police
Interceptor
2018 569.74
2 OEM Replace hood
and match paint
Ford Explorer 3.7 L Police
Interceptor
2018 1138.02
3 OEM Replacement
right front fender and
match paint
Ford C-Max 2018 508.43
13.b
Packet Pg. 387
Attachment: Attachment 2 Resolution 2022-49 - Exhibit A; Fairview Ford Vendor Service Agreement [Revision 1] (8793 : Annual Purchase Order
13.c
Packet Pg. 388
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.c
Packet Pg. 389
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.c
Packet Pg. 390
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.c
Packet Pg. 391
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.c
Packet Pg. 392
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.c
Packet Pg. 393
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.c
Packet Pg. 394
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.c
Packet Pg. 395
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.c
Packet Pg. 396
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.c
Packet Pg. 397
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.c
Packet Pg. 398
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.c
Packet Pg. 399
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.c
Packet Pg. 400
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.c
Packet Pg. 401
Attachment: Attachment 3 RFQ F-22-24 Ford Parts & Supplies (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 402
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 403
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 404
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 405
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 406
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 407
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 408
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 409
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 410
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 411
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 412
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 413
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 414
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 415
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 416
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 417
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 418
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
13.d
Packet Pg. 419
Attachment: Attachment 4 RFQ F-22-27 Auto Body Repairs & Paint (8793 : Annual Purchase Order for Fairview Ford (All Wards))
Consent Calendar
City of San Bernardino
Request for Council Action
Date: March 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Award of a Professional Services Agreement for Construction Mgmt and Inspection Svcs. (All Wards)
Recommendation
Adopt Resolution No. 2022 -50 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Pro fessional Services Agreement with Anser Advisory in an amount not to exceed $280,000 for construction management and inspection services for upgrades to various traffic signal hardware at 224 signalized intersections (Project).
Background
The Highway Safe ty Improvement Program (HSIP) is a core Federal -aid program with the purpose to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non -State-owned roads and roads on tribal land. The HSIP requires a da ta-driven, strategic approach to improving highway safety on all public roads with a focus on performance.
The HSIP is legislated under Section 148 of Title 23, United States Code (23 U.S.C. 148) and regulated under Part 924 of Title 23, Code of Federal R egulations (23 CFR Part 924). The HSIP consists of three main components, the Strategic Highway Safety Plan (SHSP), State HSIP or program of highway safety improvement projects and the Railway-Highway Crossing Program (RHCP), In addition, some states also have a High Risk Rural Roads (HRRR) program if they had increasing fatality rate on rural roads.
HSIP Cycle 9 call for projects was announced in May 2018 and in August 2018, City of San Bernardino submitted an application in order to obtain funding to up grade various signal hardware at 224 signalized intersections on various arterials citywide (“Signal Upgrade Project”). On December 27, 2018, the City received a HSIP grant in the amount of $5,490,800 to carry out the Project.
On June 19, 2019, the Mayor and City Council approved Resolution No. 2019 -168 adopting the City’s Annual Operating Budget for Fiscal Year 2019/20. The budget included Capital Improvement Plan (CIP) TC20 -007 project for the Signal Upgrade Project, and established $5,490,800 in HSIP G rant funds to support the project. The design for the Signal Upgrade Project was completed in July 2021 by Kimley -Horn and 14 Packet Pg. 420
8799
Associates at a total cost of $631,534.25. A construction contract was awarded by the City Council on Dec 15, 2021 to Baker Electric in the amount of $3,799,306.
Discussion
On December 3, 2021, staff advertised for the construction management and inspections services for upgrade various traffic signal hardware at 224 signalized intersections. On December 27, 2021, staff received four (4) proposals from the following firms:
No. Firm Location
1 Transtech Engineers San Bernardino
2 Anser Advisory Santa Ana
3 Infrastructure Engineer San Bernardino
4 GK & Associates Diamond Bar
A selection committee consisting of City staff reviewe d the proposals and the following four (4) firms were invited to present their proposals to and interview with the selection panel on January 19, 2022:
No. Firm Location
1 Transtech Engineers San Bernardino
2 Anser Advisory Santa Ana
3 Infrastructure Engineer San Bernardino
4 GK & Associates Diamond Bar
All four (4) firms attended the presentation/interview and were interviewed by the panel.
Anser Advisory received superior ratings in the areas of related experience, adequacy of staff, completion schedule, depth of understanding of the project and project approach. The firm has extensive experience and successfully completed similar tasks for numerous cities throughout Southern California. Using the approved Caltrans consultant selection process, the panel determined that the firm of Anser Advisory demonstrated the best capability to provide construction management and inspections services for upgrade various traffic signal hardware at 224 signalized intersections.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure . Approval of this resolution will result in public improvements being constructed that minimize risk and litigation e xposure through upgrading the existing traffic signals on various arterials within the City.
Fiscal Impact
There is no General Fund Impact. HSIP Federal funding in the amount of $5,490,800 has been approved for Upgrade Various Signal Hardware at 224 Signa lized Intersections on Various Arterials Project and is available for this project.
14 Packet Pg. 421
8799
Design was completed at a total cost amount of $631,534.25
The overall construction costs of the project are as follows:
Construction Bid Amount $3,799,306.00
Construction Contingency $ 383,000.00
Engineering and Inspections $ 300,000.00
Total Construction Project Cost $4,482,306.00
Total Design and Construction Cost $5,113,804.25 Available Grant Fund Amount $5,490,800.00
Conclusion
Adopt Resolution No. 2021 -50 of the Mayor and City Council of the City of San Bernardino, California; Approving the award of a professional service agreement to Anser Advisory in the amount of $280,000 for the co nstruction management and inspections services for the Signal Upgrade Project.
Attachments
Attachment 1 Resolution 2022-50
Attachment 2 Resolution 2022 -50; Exhibit A - Professional Services Agreement Anser Advisory
Attachment 3 Consultant Proposal
Ward: All
Synopsis of Previous Council Actions:
June 19, 2019 Mayor and City Council adopted Resolution No. 2019-168 approving CIP 2019/2020.
Dec 15, 2021 Mayor and City Council adopted Resolution No. 2021-299 awarding Construction Contract to Baker Electric.
14 Packet Pg. 422
Resolution No. 2022-50
Resolution No. 2022-50
March 2, 2022
RESOLUTION NO. 2022-50
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF PROFESSIONAL
SERVICES AGREEMENT IN THE AMOUNT OF $280,000
FOR CONSTRUCTION MANAGEMENT AND
INSPECTIONS SERVICES FOR UPGRADE VARIOUS
TRAFFIC SIGNAL HARDWARE AT 224 SIGNALIZED
INSTERSECTIONS
WHEREAS, on May 16, 2018, Highway Safety Improvement Program (“HSIP”) Cycle 9 was commenced, upon the adoption of the program guidelines by the California Transportation Commission (“CTC”).
WHEREAS, the HSIP is funded from various federal and state funds appropriated in the annual Budget Act. In California alone, the HSIP program has provided over $860 million towards the construction of $1,030 million in local transportation safety projects in rural and urba n areas; and
WHEREAS, in August 2018, the City submitted an application in order to obtain funding to upgrade various signal hardware at 224 signalized intersections on various arterials citywide (the “Project”); and
WHEREAS, the Project will upgrade to enhance safety at 224 signalized intersections by upgrading the traffic signal vehicle heads, pedestrian signal heads and ADA compliant push buttons; and
WHEREAS, on December 27, 2018 City received HSIP Cycle 9 Grant approval from California Department of Transportation for the Project; and WHEREAS, Caltrans issued E -76, authorization to proceed to prepare plans and specifications of the project; and
WHEREAS, on June 19, 2019 the Mayor and City Council adopted the FY2019/2020 Capital Improvement Plan (CIP), establishing the funding for the design and construction of the traffic signal upgrades project; and
WHEREAS, in furtherance of the Project, staff administered a competitive bidding process to secure a design contract ; and
WHEREAS, the City re ceived six proposals on August 22, 2019 and selected Kimley- Horn And Associates, Inc.; and
14.a
Packet Pg. 423
Attachment: Attachment 1 Resolution 2022-50 Award of a Professional Services Agreement for Construction Mgmt and Inspection Svcs.
Resolution No. 2022-50
Resolution No. 2022-50
March 2, 2022
WHEREAS, Kimley-Horn And Associates, Inc. was awarded a Design Services Contract and completed the design of the Project in July 2021; and WHEREAS, Caltrans issued E-76, authorization to proceed to proceed to construction of the project; and
WHEREAS, staff administered a competitive bid process on November 18, 2021 for the construction of the Project resulting in eight construction cost submittals ; and WHEREAS, On December 15, 2021, Baker Electric, Inc., of Escondido, California, was awarded a construction contract for the Project in the amount of $3,799,306 by the City Council; and
WHEREAS, the City now wishes to enter into a Professional Service Agreement with Anser Advisory, LLC of Santa Ana, California in the amount of $280,000 for construction management and inspection services for the Project.
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, or designee, is hereby authorized to execute a Professional Services Agreement with Anser Advisory, LLC, and any supporting documents, to provide construction management and inspection services for upgrade various traffic signal hardware at 224 intersections, attached hereto and incorporated herein as Exhibit “A”.
SECTION 3. The Director of Finance is authorized and directed to issue a Purchase Order in the amount of $280,000 to Anser Advisory, LLC for this work.
SECTION 4. 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 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.
14.a
Packet Pg. 424
Attachment: Attachment 1 Resolution 2022-50 Award of a Professional Services Agreement for Construction Mgmt and Inspection Svcs.
Resolution No. 2022-50
Resolution No. 2022-50
March 2, 2022
APPROVED and ADOPTED by the City Council and signed by the Mayor and att ested by the City Clerk this 2nd of March 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
14.a
Packet Pg. 425
Attachment: Attachment 1 Resolution 2022-50 Award of a Professional Services Agreement for Construction Mgmt and Inspection Svcs.
Resolution No. 2022-50
Resolution No. 2022-50
March 2, 2022
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. 2022-50, adopted at a regular meeting held on the 2nd day of March 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 day 3rd day of March , 2022.
Genoveva Rocha, CMC, City Clerk
14.a
Packet Pg. 426
Attachment: Attachment 1 Resolution 2022-50 Award of a Professional Services Agreement for Construction Mgmt and Inspection Svcs. 1 PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND ANSER ADVISORY
This Agreement is made and entered into as of March 2,2022, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Anser Advisory, LLC, a limited liability company, with its principal place of business at 2677 N. Main Street, Suite 400, Santa Ana, CA 92705 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” an d collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Construction Management and Inspection Services for upgrade various traffic signal hardware at 224 signalized intersections (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “B.”
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.”
14.b
Packet Pg. 427
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $280,000. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within fort y-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warrant ed, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement , unless agreed to by City and Consultant in writing
6. Term. The term of this Agreement shall be from March 2, 2022 to March 2, 2023, unless earlier terminated as provided herein. Consultant shall complete the services wi thin the term of this Agreement and shall meet any other established schedules and deadlines se t forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) ye ars from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
14.b
Packet Pg. 428
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 3 9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other P arty describing the circumsta nces preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing , the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local gove rnment, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care . Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept
14.b
Packet Pg. 429
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 4 payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate . Consultant shall, prior to execution of this Agreement, obtain and maintain du ring the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant . Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without th e written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from e mploying independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant . Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino , its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insura nce using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies
14.b
Packet Pg. 430
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 5 acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liabil ity coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents , and City -designated volunteers additional insured status using ISO endorsement form s CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and prov ided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injur y and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form N umber CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
14.b
Packet Pg. 431
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provision s of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Error s and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and sh all be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain priv acy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Minimum Policy Limits Required
14.b
Packet Pg. 432
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 7 (i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occur rence/$4,000,000 aggregate for bodily injury, p ersonal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or in surer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written n otice of cancellation of any such policy due to non -payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver
14.b
Packet Pg. 433
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 8 renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specific ally allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written expre ss waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such pol icy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities
14.b
Packet Pg. 434
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 9 and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and a ny premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide com plete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfacto ry to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to prop erty or persons, including wrongful death, (collectively, “Claims” ) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
14.b
Packet Pg. 435
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 10 section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the p erformance of the services or this Agreement, and, upon Consultant obtaining a final adjudicat ion by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements . Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “ maintenance” projects. If the S ervices are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with s uch Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771 , 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Dep artment of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shal l require all subconsultants and sub -subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
14.b
Packet Pg. 436
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 11 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task compl eted but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
22. Attorneys’ Fees . In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in an y meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become
14.b
Packet Pg. 437
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 12 the property of the City.
27. Organization. Consultant shall assign Jonathan Smith as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Anser Advisory, LLC
2677 N. Main St, Suite 400,Santa Ana CA
92705
Attn: Jonathan Smith , Project Manager
30. Third Party Rights . Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. These nondiscrimination obligations shall include compliance with the statutes and authorities outlined in Exhibit “B”, attached hereto and incorporated herein by this reference.
32. Entire Agreement. This Agreement, including Exhibit “ B,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereu nder. Each Party acknowledges that no representations, inducements, promises , or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
14.b
Packet Pg. 438
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 13 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, admi nistrators and assigns of each P arty to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written conse nt of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Ag reement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingen t upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
14.b
Packet Pg. 439
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 14 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
43. Electronic Signature . Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
44. Federal Requirements. Consultant acknowledges and agrees that it shall comply with Federal requirements controlling the services provided under this Agreement.
These requirements are more particularly described in Exhibit “C”, attached hereto and incorporated herein by this reference.
[SIGNATURES ON FOLLOWING PAGE]
14.b
Packet Pg. 440
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND ANSER ADVISORY, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
ATTESTED BY:
Genoveva Rocha,CMC
City Clerk
APPROVED AS TO FORM:
Best & Krieger LLP
City Attorney
CONSULTANT
ANSER ADVISORY, LLC
Signature
Name
Title
14.b
Packet Pg. 441
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 16 EXHIBIT A
SCOPE OF SERVICES/SCHEDULE OF CHARGES
[ATTACHED]
14.b
Packet Pg. 442
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 17 EXHIBIT B
NONDISCRIMINATION REQUIREMENTS
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors-in-interest (hereinafter referred to as the “Consultant”) agrees to comply with the following nondiscrimination statutes and authorities, including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of pers ons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100 -209), (Broadened the scope, coverage and app licability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
14.b
Packet Pg. 443
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 18 • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
14.b
Packet Pg. 444
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 19 EXHIBIT C
FEDERAL REQUIREMENTS
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as Consultant) agrees as follows:
a. Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: Consultant, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Consultant of the Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. e. Sanctions for Noncompliance: In the event of Consultant’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole
14.b
Packet Pg. 445
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a 20 or in part.
f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States.
14.b
Packet Pg. 446
Attachment: Attachment 2 Resolution 2022-50; Exhibit A - Professional Services Agreement Anser Advisory [Revision 2] (8799 : Award of a
14.c
Packet Pg. 447
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 448
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 449
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 450
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 451
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 452
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 453
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 454
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 455
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 456
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 457
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 458
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 459
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 460
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 461
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 462
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 463
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 464
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 465
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 466
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 467
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 468
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 469
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 470
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 471
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 472
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 473
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 474
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 475
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 476
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 477
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 478
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 479
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 480
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
14.c
Packet Pg. 481
Attachment: Attachment 3 Resolution 2022-50; Exhibit B - Consultant Proposal (8799 : Award of a Professional Services Agreement for
Consent Calendar
City of San Bernardino
Request for Council Action
Date: March 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. 15 - 5Th & G (Ward 1)
Recommendation
Adopt Resolution No. 2022 -51 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. 15) and authorizing the levy of a special taxes therein.
Background
On June 5, 2019, the Mayor and Ci ty 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 proper ty 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 Mell o-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 co st 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 t he election immediately following the public hearing.
15 Packet Pg. 482
8802
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 rights- of-way and traffic signals; and
2. Maintenance of streets, including pavement management, and provide street sweeping; and
3. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and
4. 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 developmen t includes approximately 1.00 gross acre of a vacant commercial property. The property is located east of I -215 at the northwest intersection of West 5 th Street and G Street. At build out this development will create 1.00 net taxable acre as a new Tax Zone No. 16 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 to annex property must be approved to identify the facilities to be maintained and e stablish 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. 16), is included as Exhibit “C” to the Resolution. The maximum annual special tax for this development has been calculated to be $7,089 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 o f special taxes in the District.
15 Packet Pg. 483
8802
With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for April 6, 2022.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1: Improved Operational & Fina ncial Capacity and Key Target No 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.
Fiscal Impact
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 $7,089 to be used to pay for maintenance costs.
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 othe r 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, California, adopt Resolution No. 2022 -51, 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. 15) and authorizing the levy of special taxes therein.
Attachments
Attachment 1 Resolution 2022-51
Attachment 2 Description of Territory; Exhibit A
Attachment 3 Description of Authorized Services; Exhibit B Attachment 4 Rate and Method of Apportionment; Exhibit C Attachment 5 Annexation and Potential Annexation Boundary Maps; Exhibit D Attachment 6 Signed Petition, Waiver and Consent; Exhibit E Attachment 7 Notice of Public Hearing; Exhibit F
Attachment 8 Special Election Ballot; Exhibit G
Attachment 9 Project/Location Map
15 Packet Pg. 484
8802
Attachment 10 CFD Landscape Maintenance
Ward: 1
Synopsis of Previous Council Actions: N/A
15 Packet Pg. 485
Resolution No. 2022-51
Resolution 2022-51
March 2, 2022
RESOLUTION NO. 2022-51
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. 15) 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 b e 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 Counci l 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
15.a
Packet Pg. 486
Attachment: Attachment 1 - Resolution 2022-51 Declaring Intent to Annex Territory CFD No. 2019-1 Annexation No. 15 - 5Th & G (Ward 1) Resolution No. 2022-51
Resolution 2022-51
March 2, 2022
(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. 15, 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 C FD 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 pay ment 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, April 6, 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.
15.a
Packet Pg. 487
Attachment: Attachment 1 - Resolution 2022-51 Declaring Intent to Annex Territory CFD No. 2019-1 Annexation No. 15 - 5Th & G (Ward 1) Resolution No. 2022-51
Resolution 2022-51
March 2, 2022
SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday April 6, 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 pro posed 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 ef fect 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 2nd day of March 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
15.a
Packet Pg. 488
Attachment: Attachment 1 - Resolution 2022-51 Declaring Intent to Annex Territory CFD No. 2019-1 Annexation No. 15 - 5Th & G (Ward 1) Resolution No. 2022-51
Resolution 2022-51
March 2, 2022
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. 2022-51, adopted at a regular meeting held on the 2nd day of March 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 3rd day of March 2022.
Genoveva Rocha, CMC, City Clerk
15.a
Packet Pg. 489
Attachment: Attachment 1 - Resolution 2022-51 Declaring Intent to Annex Territory CFD No. 2019-1 Annexation No. 15 - 5Th & G (Ward 1)
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities Dist rict No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 15 is currently comprised of 8 parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0134-054-02 (Por.) Gateway SB, LLC
0134-054-07 (Por.) Gateway SB, LLC
0134-054-08 (Por.) Gateway SB, LLC
0134-054-09 (Por.) Gateway SB, LLC
0134-054-20 (Por.) Gateway SB, LLC
0134-054-24 Gateway SB, LLC
0134-054-25 Gateway SB, LLC
0134-054-33 Gateway SB, LLC
15.b
Packet Pg. 490
Attachment: Attachment 2 - Exhibit A - Description of Territory (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-1
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 attribut able to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, park ways, streets, roads and open space, which maintenance and lighting services may include, without lim itation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and repl acement) 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 fr om and maintenance and repair of public structures situated on parks, parkways, street s, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water qualit y improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way includi ng the removal of petroleum hydrocarbons and other pollutants from water runoff, or appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential 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 th e forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.
15.c
Packet Pg. 491
Attachment: Attachment 3 - Exhibit B - Description of Authorized Services (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
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 costs to the City, CFD No. 2019‐1, or any designee thereof associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map
that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
15.d
Packet Pg. 492
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
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 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means
the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019‐1.
15.d
Packet Pg. 493
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
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.
15.d
Packet Pg. 494
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
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
15.d
Packet Pg. 495
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
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 is identified 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:
15.d
Packet Pg. 496
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
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)
15.d
Packet Pg. 497
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
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
15.d
Packet Pg. 498
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
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
15.d
Packet Pg. 499
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
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 purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
15.d
Packet Pg. 500
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
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.
15.d
Packet Pg. 501
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
City of San Bernardino 11
Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2022‐23. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019‐1.
TAX ZONE 16
TR 20216
Item Description Estimated Cost
1 Lighting $708
2 Streets $5,352
3 Drainage $150
4 Reserves $129
5 Admin $750
Total $7,089
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.
TAX ZONE 16
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $7,089 $0
TAX ZONE 16
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $7,089 $0
15.d
Packet Pg. 502
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services) TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
15.d
Packet Pg. 503
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
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) DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any portions adjacent to the properties within CFD No. 2019‐1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019‐1 before CFD No. 2019‐1 was created.
15.d
Packet Pg. 504
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-
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
15.d
Packet Pg. 505
Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019- SPRUCE
ST
5TH ST
ANNEXATION MAP NO. 15
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
C A L I F O R N I A .
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
S T A T E O F C A L I F O R N I A .
REFERENCES IS HEREBY MADE T O P ARCELS 1, 2, & 3 OF THE CITY OF SAN BERNARDINO PARCEL MAP 20216 RECORDED IN THE
OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. FOR A DESCRIPTION OF THE LINES AND
DIMENSIONS OF THE PORTIONS OF THE PARCELS LISTED
THAT ARE A PART OF ANNEXATION NO. 15 OF COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
BOUNDARY .
CFD 2019-1
TAX ZONE 16
^_
·|}þ18
·|}þ210
§¨¦15
§¨¦215
£¤66
£¤66
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR
PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS
CONCERNING THE LINES AND DIMENSIONS OF LOTS OR
PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2021-22.
-
0134-054-20
(Por.)
0134-054-02
(Por.)
0134-054-08
(Por.)
0134-054-09
(Por.)
0134-054-25
0134-054-33 0134-054-24
0134-054-07
(Por.)
16 PM 20216
PARCEL 1
PM 20216
PARCEL 2 PM 20216
PARCEL 3
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AT A REGULAR MEETING THEREOF, HELD
ON THE ____ DAY OF ____________________, 20 ____.
BY ITS RESOLUTION NO. ____________________
_______________________________________
__
C
ITY CLERK, CITY OF SAN BERNARDINO
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF _ _ _ _ _ _ _ _ , 2 0 _ _ _ _ .
_________________________________________
C I T Y C L E R K , C I T Y O F S A N B E R N A R D I N O
THIS MAP WAS FILED UNDER DOCUMENT NUMBER
_____________, THIS ____ DAY OF _______, 20 ____, AT _____ M. IN BOOK ___ OF __________ AT PAGE ____, AT
THE REQUEST OF _____________________________
IN THE AMOUNT OF $_________
BOB DUTTON
A SSE SSOR-RE C ORDE R-C LE RK
S A N B E R N A R D I N O C O U N T Y
BY:________________________________
DEPUTY RECORDER
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
LEGEND
ANNEXATION AREA BOUNDARY
PARCEL LINE
NEW PARCEL LINE
XXXX-XXX-XX
ASSESSOR PARCEL NUMBER
16 TAX ZONE
EXHIBIT D
15.e
Packet Pg. 506
Attachment: Attachment 5 - Exhibit D - Annexation and Potential Annexation Boundary Maps (8802 :
15.e
Packet Pg. 507
Attachment: Attachment 5 - Exhibit D - Annexation and Potential Annexation Boundary Maps (8802 :
EXHIBIT E
15.f
Packet Pg. 508
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent (8802 : Resolution Declaring Intent to Annex Territory CFD No.
15.f
Packet Pg. 509
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent (8802 : Resolution Declaring Intent to Annex Territory CFD No.
15.f
Packet Pg. 510
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent (8802 : Resolution Declaring Intent to Annex Territory CFD No.
15.f
Packet Pg. 511
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent (8802 : Resolution Declaring Intent to Annex Territory CFD No.
15.f
Packet Pg. 512
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent (8802 : Resolution Declaring Intent to Annex Territory CFD No.
15.f
Packet Pg. 513
Attachment: Attachment 6 - Exhibit E - Signed Petition, Waiver and Consent (8802 : Resolution Declaring Intent to Annex Territory CFD No.
EXHIBIT F
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 15)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on March 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, April 6, 2022 at the Bing Wo ng Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, Califor nia, 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 an nexation of the territory or the levying of the special taxes will be heard. If and to the extent participati on in the April 6, 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, t he 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 outs ide of the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Be rnardino, 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
15.g
Packet Pg. 514
Attachment: Attachment 7 - Exhibit F - Notice of Public Hearing (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-1
EXHIBIT G
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 15
(April 6, 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 Landowne
r Number of Acres Owned Total Votes
Gateway SB, LLC 1.00 1
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 23, 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 April 6, 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 April 6, 2022.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
15.h
Packet Pg. 515
Attachment: Attachment 8 - Exhibit G - Special Election Ballot (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-1
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Gateway SB, LLC
Attn: Jian Torkan
4221 Wilshire Blvd., #980
Los Angeles, CA 90010
0134-054-02 (Por.), 0134-054-07 (Por.),
0134-054-08 (Por.), 0134-054-09 (Por.),
0134-054-20 (Por.), 0134-054-24,
0134-054-25, 0134-054-33
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 March 2, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 15 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__.
Gateway SB, LLC
By: Jian Torkan
Signature
Print Name
Title
15.h
Packet Pg. 516
Attachment: Attachment 8 - Exhibit G - Special Election Ballot (8802 : Resolution Declaring Intent to Annex Territory CFD No. 2019-1
PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 16
15.i
Packet Pg. 517
Attachment: Attachment 9 - Project/Location Map (8802 : Resolution Declaring Intent to Annex Territory W. 5TH STREET
CL
41.25'
W. 5TH STREET
CL41.25'
N. "G" STREET
CL
41.25'
41.25'
N. "H" STREET
CL
41.25'
41.25'
DISP 2 DISP 4
9 DISP 6
10 DISP 1 DISP 3 DISP 5
117 8
5 6
3 4
1 2
PROPOSED
7-ELEVEN
BUILDING
EXIST.
BLDG
EXIST.
BLDG
12 SYMBOL DESCRIPTION QTY
STREET LIGHT 6
SYMBOL DESCRIPTION QTY
SIDEWALK 7,834 sf = 0.17 AC
STREET 32,316 sf = 0.74 AC
DRAIN OUTLET 54 sf
STREET FRONTAGE 908 lf
CFD MAINTENANCE AREA
CFD
EXHIBIT
rR TRobeETSI GER
S
DATE
SIGNATURE
t
L.
uC rley
No.
3583
TCETIHCRA
EPACSD
LAN
DE
N
IA
TE
O
F
C
A
L
IFOR
A
RENEWAL DATE
12-31-23
12-27-21
C C incA
C U M M I N G S C U R L E Y and A S S O C I A T E S, I N CL a n d s c a p e A r c h i t e c t s 1700 Pacific Coast Highway, Suite C
Tel. 562.424.8182
Seal Beach, California 90740
California 3583 • Arizona 30100 • Nevada 578 • Utah 377204 Colorado 1559 • Texas 3337 • CLARB 1848
VICINITY MAP
NOT TO SCALE
SITE
15.j
Packet Pg. 518
Attachment: Attachment 10 - CFD Landscape Maintenance Exhibit (8802 : Resolution Declaring Intent to