Agenda packet — Mayor and City Council, May 4, 2022 (part 4 of 8)

Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works

Subject: Adopt Ordinance MC-1573, Amending Ordinance MC-1522 and Levying Special Taxes - CFD 2019 - 1 Anne

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance MC -1573 amending Ordinance MC -1522 and l evying special taxes to be collected during Fiscal Year 2022/23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund f or capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

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

Discussion
On March 16, 2022, Ordinance MC -1573 was introduced for the first reading to the Mayor and City Council. The Ordinance is now being returned to the Mayor and City Council for the final reading and ad option. The Ordinance will become effective 30 days from the date of adoption.

2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No . 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & De velopment. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All co sts associated with annexing property into the District has been borne by the property owner. By annexing the subject property into the District, the costs of maintaining 28 Packet Pg. 676
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improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance MC -1573 amending Ordinance MC -1522 and levying special taxes to be collected during Fiscal Year 2022/23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Attachments
Attachment 1 Ordinance MC-1573 (Ordinance Levying Special Taxes) Attachment 2 Exhibit A - Description of Services
Attachment 3 Exhibit B - Description of Territory
Attachment 4 Project Location Map

Ward: 3

Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019 -81, a Resolution of Intention to form Commu nity 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 Resolut ion No. 2019 -178 establishing Community Facilities District No. 2019 -1; Resolution No. 2019 -179 declaring election results for Community Facilities District No. 2019 -1; and conducted the first reading of Ordinance MC -1522 levying special taxes to be collec ted during FY 2019 -20 to pay annual costs of maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.

August 7, 2019 Mayor and City Council conducted the final reading of Ordinance 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.

February 2, 2022 Mayor and City Council adopted Resolution No. 2022 -21, a Resolution of Intention to annex terr itory into Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), 28 Packet Pg. 677
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pursuant to the provisions of the “Mello -Roos Community Facilities Act of 1982.”

March 16, 2022 Mayor and City Counci l adopted Resolution No. 2022 -55 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019 -1 (Annexation No. 11) and adopted Resolution No. 2022-56 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 11); and introduced Ordinance No. MC-1573 amending Ordinance MC-1522.
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Ordinance MC-1573
1 ORDINANCE NO. MC-1573

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

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

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 202 2-2023 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPEC T TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)

WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services), County of San Bernardino , State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and

WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and

WHEREAS, on March 16, 2022 , at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and

WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and

WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Spe cial Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolut ion established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on

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

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

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

SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be coll ected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

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

SECTION 4. Authorization to Publish Ordinance. City Clerk of the City o f San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2022.

John Valdivia, Mayor
City of San Bernardino

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3 Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1573, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of March 2022. Ordinance No. MC -1573 was approved, passed and adopted at a regular meeting held the ____ day of ______, 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 of _____, 2022.

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

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

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

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

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Attachment: Attachment 2 - Exhibit A – Description of Services (8841 : Adopt Ordinance MC-1573, Amending Ordinance MC-1522 and Levying

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of April 6, 2022)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
and 0261-062-11 thru -14
2 GWS #4 Development, LLC 0141-431-24
3 Devore Stora ge Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC 0261-181-16, -17
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Ca jon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27
(Por.), 0137-052-46, 0274-011-11,
-12, -34, -35, -42, -43

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Attachment: Attachment 3 - Exhibit B – Description of Territory (8841 : Adopt Ordinance MC-1573, Amending Ordinance MC-1522 and Levying

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

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Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 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. 19 (Ward 4)

Recommendation
Adopt Resolution No. 2022 -79, of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to annex territory into Communit y Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 19) and authorizing the levy of special taxes therein.

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

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

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

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The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Public lighting and appurtenant facilities, including street lights 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 0.37 gross acres of a vacant commercial lot. The property is located north of E 40 th Street, east of N Sierra Way and west of Sepulveda Avenue. At build out, this development will create 0.35 net taxable acres of commercial propert y as a new Tax Zone No. 20 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 f acilities 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. 20), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $5,284 per acre for FY 2022/23.

In order to annex property to CFD No. 2019 -1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below:

• Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1, including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area).

• Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District.

• Resolution declaring the results of the election and directing the recording of the notice of special tax lien.

• Amend the Ordinance and order the levy and collection of special taxes in the 29 Packet Pg. 687
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District.

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for June 15, 2022.

2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No . 1: Improved Operational & Financial Capacity and Key Target No . 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
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 approximat ely $1,849 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 anticipate d costs of maintaining the facilities in any given Fiscal Year, prior to build out 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 improvem ents 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 -79, 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. 19) and authorizing the levy of special taxes therein.

Attachments
Attachment 1 Resolution No. 2022-79
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 Project/Location Map
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Attachment 10 CFD Landscape Maintenance Exhibit

Ward: 4

Synopsis of Previous Council Actions:

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

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

August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019 -20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.
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Resolution No. 2022-79

Resolution 2022-79
May 4, 2022

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RESOLUTION NO. 2022-79

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. 19) AND AUTHORIZING

THE LEVY OF 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 sp ecial 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 Mayor and 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 Mayor and 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 app ortionment of the special tax to be levied therein be established;

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

SECTION 1. Intent to Annex. The Mayor and 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 Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.

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

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

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Resolution 2022-79
May 4, 2022

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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019 -1 (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 A ssessment 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. 19, Community Facilities District No. 2019 -1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

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

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

SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and 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 Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, June 15, 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 Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

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

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

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Resolution 2022-79
May 4, 2022

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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday June 15, 2022 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and 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 Exh ibit 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 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, tha t 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 ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Attachment: Attachment 1 - Resolution No. 2022-79 Declaring Intent to Annex Territory: CFD No. 2019-1: Annexation No. 19 (8882 : Resolution Resolution No. 2022-79

Resolution 2022-79
May 4, 2022

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-___, adopted at a regular meeting held on the _ __ day of _____ __ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Attachment: Attachment 1 - Resolution No. 2022-79 Declaring Intent to Annex Territory: CFD No. 2019-1: Annexation No. 19 (8882 : Resolution

EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 19 is currently comprised of two parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Owner Name
0154-242-22 170 East 40th Street LLC
0154-242-23 170 East 40th Street LLC

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Attachment: Attachment 2 - Exhibit A – Description of Territory (8882 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

EXHIBIT B

(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.

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Attachment: Attachment 3 - Exhibit B – Description of Authorized Services (8882 : Resolution Declaring Intent to Annex Territory: CFD No.

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.

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8882 : 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.

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City of San Bernardino 3
Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.

“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.

“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property.

“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.

“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy
to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.

“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential
Units.

“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed.

“Single Family Residential Property”
means any residential property other than Multi‐Family Residential Property on an Assessor’s Parcel.

“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.

“Special Tax A” means the annual special tax to be
levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.

"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

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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

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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:

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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 obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:

(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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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

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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

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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).

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

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

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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 20
LM 21‐10

Item Description Estimated Cost
1 Streets $527
2 Drainage $280
3 Reserves $42
4 Admin $1,000
Total $1,849

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 20
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 $5,284 $0

TAX ZONE 20
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $5,284 $0

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8882 : 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 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP 17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson 18 To Be Determined
19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 To Be Determined
22 To Be Determined
23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone 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.

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8882 : 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.

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8882 : 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

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8882 : Resolution Declaring Intent to Annex Territory: CFD No. 40TH ST

LUGO AVE
ALLEY
0154-242-230154-242-22
ANNEXATION MAP NO. 19
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET

T H I S M A P S H O W S T H E B O U N D A R I E S O F A R E A S T O B E 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

D I S T R I C T A R E S H O W N A N D D E S C R I B E D O N T H E M A P

THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
A N D C O M M U N I T Y F A C I L I T I E S D I S T R I C T A T P A G E 3 2 A N D AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE

C O U N T Y R E C O R D E R O F T H E C O U N T Y O F S A N B E R N A R D I N O , S T A T E O F C A L I F O R N I A .

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. ____________________
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
F I L E D I N T H E O F F I C E O F T H E C I T Y C L E R K T H I S _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ , 2 0 _ _ _ _ .
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
CFD 2019-1
TAX ZONE 20
^_
·|}þ138
·|}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.
-

T H I S M A P W A S F I L E D U N D E R D O C U M E N T N U M B E R _____________, THIS ____ DAY OF _______, 20 ____, AT _____ M. IN BOOK ___ OF __________ AT PAGE ____, AT
THE REQUEST OF _____________________________
IN THE AMOUNT OF $_________

BOB DUTT ON

A S S E S S O R - R E C O R D E R

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

CITY BOUNDARY

PARCEL LINE

XXXX-XXX-XX ASSESSOR PARCEL NUMBER
20 TAX ZONE
20 EXHIBIT D

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Attachment: Attachment 5 - Exhibit D – Annexation and Potential Annexation Boundary Maps (8882 :

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Attachment: Attachment 5 - Exhibit D – Annexation and Potential Annexation Boundary Maps (8882 :

PETITION TO THE CITY COUNCIL OF T H E C I T Y O F S A N B E R N A R D I N O

REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS

TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES

THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE

COMMUNITY FACILITIES DISTRICT

1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq. ), to annex territory into Communi ty Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district.

2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation system s, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associat ed appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.

3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the propos ed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto.

4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and t he undersigned request that the result s of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting.

5. Pursuant to Sections 53326(a) and 53327( b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not ha ving such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, incl uding but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.

6. The undersigned hereby consents to and expr essly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of th e Act or other laws of the State and any and all laws and requirements inco rporated therein, and no step or acti on in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8882 : Resolution Declaring Intent to Annex Territory: CFD No.
City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure.

IN WITNESS WHEREOF, I hereunto set my hand this ____ day of __________, 20___.

[ N A M E O F L A N D O W N E R ]

By: _____________________________________
N a m e :

Title:

O W N E R ' S P R O P E R T Y :

T R A C T M A P O R P A R C E L M A P N O .
or PROJECT NO.

O W N E R ' S M A I L I N G A D D R E S S :

_ _ _ _ _ _ _ ___________________________________

FILED IN THE OFFICE OF THE CITY CLER K OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS ____ DAY OF __________, 20___.

_____________________________________
City Clerk of the City Council of the
City of San Bernardino

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8882 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8882 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8882 : Resolution Declaring Intent to Annex Territory: CFD No.

Acknowledgment Regarding Property to be Included into Community Facilities District No. BBBBB The developer/property owner of (Tract No. / Assessor’s Parcel No.) ______________________ hereby acknowledges that:

If the landscaping, drainag e, lighting and eligible pu blic impr ovements within t h e C o m m u n i t y Facilities District N o . BBBBB t h e m a i n t e n a n c e a reas of ( Assessor’s Parcel Nos.) __________________________, which is to be in cluded in the Community Facilities District No.

BBBBBB of the City of 6DQ %HUQDUGLQR are completed prior to the levy and collection of special taxes upon property wi thin said tract f or the maintenance of such landscape and improvements, the developer/property owner will continue to be responsible f or and will maintain the landscaping, drainage, lighting, and eligible public improvements wit hin such maintenance areas at its sole expense, and the City will not assume r e s p o n s i b i l i t y for the maintenance of such landscaping, drainage, lighting and eligible public improvements until such time as the City is able to collect such special taxes to pay the costs of the maintenance of such landscaping, drainage, lighting, and eligible public improvements.

DATED: OWNER(S):
___________________ _________________________________
(Print Name)
_________________________________
(Signature)
_________________________________
(Title)
_________________________________
(Print Name)
_________________________________
(Signature)
_________________________________
(Title)

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8882 : 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. 19)

NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on May 4, 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 maintenance 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, June 15, 2022 at the Bing Wong 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 participat ion in the June 15, 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

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Attachment: Attachment 7 - Exhibit F – Notice of Public Hearing (8882 : 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. 19

(June 15, 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
170 East 40th Street, LLC 0.37 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 June 1, 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 June 15, 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 June 15, 2022.

Very truly yours,

Genoveva Rocha, CMC, City Clerk

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Attachment: Attachment 8 - Exhibit G – Special Election Ballot (8882 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

TO CAST THIS BALL
OT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
170 East 40th Street, LLC
Attn: Scott Beard
285 W. Rialto Avenue
Rialto, CA 92376
0154-242-22 and 0154-242-23

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 May 4, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 19 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__.

Scott Beard
Manager
Signature
Print Name

Title

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Attachment: Attachment 8 - Exhibit G – Special Election Ballot (8882 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 20

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Attachment: Attachment 9 - Project/Location Map (8882 : Resolution Declaring Intent to Annex Territory:
40TH STREET
ALLEY

CFD MAINTENANCE SITE PLAN EXHIBIT

RALLY'S BURGER
SITE

VICINITY MAP

CFD MAINTENANCE AREA
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Attachment: Attachment 10 - CFD Landscape Maintenance Exhibit (8882 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1:

Page 1 ends

Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 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. 23 (Ward 7)

Recommendation
Adopt Resolution No. 2022 -80 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Communi ty Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 23) and authorizing the levy of a special taxes therein.

Background
On June 5, 2019, the Mayor and City Coun cil 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 p rovide certain services which are necessary to meet increased demands placed upon the City.

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The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Public lighting and appurtenant facilities, including street lights 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

The proposed deve lopment includes approximately 1.69 gross acres of a commercial lot. The property is located south of the 210 Freeway, at the northwest intersection of E Highland Ave and Valencia Ave. At build out, this development will create 1.63 net taxable acres of co mmercial property as a new Tax Zone No. 24 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 t o 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. 24), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $2,363 per acre for FY 2022/23. This tax rate includes a Maximum Special Tax A of $1,385 per a cre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $978 per acre per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached hereto. If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rates are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

Attachment 10 to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD and by the POA.

• Resolution declaring City intent to annex territory to C ommunity 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 30 Packet Pg. 723
8887

Page 3 ends

tax applies only to properties within the annexation area).

• Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District.

• Resolution declaring the results of the election and directing the recording of the notice of special tax lien.

• Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for June 15, 2022.

2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No . 1: Improved Operational & Financial Capacity and Key Target No . 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
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 spec ial tax revenues of approximately $2,258 from Special Tax A 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 t ax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to build out of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then th e 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, California, adopt Resolution No. 2022 -80, 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. 23) and authorizing the levy of a special taxes therein.

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Attachments
Attachment 1 Resolution No. 2022-80
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 Project/Location Map
Attachment 10 CFD Landscape Maintenance Exhibit

Ward: 7

Synopsis of Previous Council Actions:

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

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

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.
30 Packet Pg. 725
Resolution No. 2022-80

Resolution 2022-80
May 4, 2022

Page 1 of 4 ends

RESOLUTION NO. 2022-80

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. 23) 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 Mayor and 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 o f 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 Mayor and 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 Mayor and 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 m ethod 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 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)”.

30.a
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Attachment: Attachment 1 - Resolution No. 2022-80 Declaring Intent to Annex Territory CFD No, 2019-1 Annexation No. 23 (8887 : Resolution Resolution No. 2022-80

Resolution 2022-80
May 4, 2022

Page 2 of 4 ends

entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019 -1 (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. 23, Community Facilities District No. 2019 -1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

SECTION 4. Description of Authorized Services. The services proposed to be financed by CFD No. 20 19-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of s pecial 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 s upplant services already available within that territory.

SECTION 6. Adoption of Ann exation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and 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 Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, June 15, 2022, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 924 18, as the time and place when and where the Mayor and 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, o r 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 l east seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.

30.a
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Attachment: Attachment 1 - Resolution No. 2022-80 Declaring Intent to Annex Territory CFD No, 2019-1 Annexation No. 23 (8887 : Resolution Resolution No. 2022-80

Resolution 2022-80
May 4, 2022

Page 3 of 4 ends

SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday June 15, 2022 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

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

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

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

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

30.a
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Attachment: Attachment 1 - Resolution No. 2022-80 Declaring Intent to Annex Territory CFD No, 2019-1 Annexation No. 23 (8887 : Resolution Resolution No. 2022-80

Resolution 2022-80
May 4, 2022

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

Genoveva Rocha, CMC, City Clerk

30.a
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Attachment: Attachment 1 - Resolution No. 2022-80 Declaring Intent to Annex Territory CFD No, 2019-1 Annexation No. 23 (8887 : Resolution

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. 23 is currently comprised of two parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0272-161-17 Vone SB LLC
0272-161-18 Vone SB LLC

30.b
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Attachment: Attachment 2 - Exhibit A – Description of Territory (8887 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

EXHIBIT B

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.

30.c
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Attachment: Attachment 3 - Exhibit B – Description of Authorized Services (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

A. DEFINITIONS

“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.

“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.

30.d
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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

“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.

“County” means the County of San Bernardino.

“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.

“Fiscal Year” means
the period from and including July 1st of any year to and including the following June 30th.

“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.

30.d
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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

“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.

“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.

“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.

30.d
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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt Property.

"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.

“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

30.d
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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

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

30.d
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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : 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

TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY

Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338

a. Developed Property

(i) Maximum Special Tax B (Contingent)

30.d
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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

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

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

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

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

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

30.d
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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

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.

30.d
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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

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

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : 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

TAX ZONE 24
LLA 2020‐005

Item Description Estimated Cost
1 Lighting $100
2 Streets $1,019
3 Drainage $108
4 Reserves $31
5 Admin $1,000
Total $2,258

Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1 Tax Zone 24.

TAX ZONE 24 (CONTINGENT SERVICES)
LLA 2020‐005

Item Description Estimated Cost
1 Drainage $734
2 Reserves $110
3 Admin $750
Total $1,594

TAX ZONE 24
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 $1,385 $978

30.d
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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services)

TAX ZONE 24
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $1,385 $978

30.d
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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 13
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

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 14
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

(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

30.d
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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 15
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

30.d
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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

VALENCIA AVE
HIGH
LA
ND AVE
23RD ST
0272-161-180272-161-17
ANNEXATION MAP NO. 23
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 .

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 ________, 20 ____.
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
CFD 2019-1
TAX ZONE 24
^_
·|}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.
-

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

A S S E S S O R - R E C O R D E R

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

CITY BOUNDARY

PARCEL LINE

XXXX-XXX-XX ASSESSOR PARCEL NUMBER
24 TAX ZONE
24 EXHIBIT D 30.e
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Attachment: Attachment 5 - Exhibit D – Annexation and Potential Annexation Boundary Maps (8887 :

30.e
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Attachment: Attachment 5 - Exhibit D – Annexation and Potential Annexation Boundary Maps (8887 :

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

30.f
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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8887 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8887 : 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. 23)

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

30.g
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Attachment: Attachment 7 - Exhibit F – Notice of Public Hearing (8887 : 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. 23

Name of Landowne
r Number of Acres Owned Total Votes
Vone SB, LLC 1.69 2

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on June 15, 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 June 15, 2022.

Very truly yours,

Genoveva Rocha, CMC, City Clerk

30.h
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Attachment: Attachment 8 - Exhibit G – Special Election Ballot (8887 : 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):

Vone SB, LLC
Attn: Lisa Sawdon
4 Corporate Plaza Drive, Suite 210
Newport Beach, CA 92660
0272-161-17 and 0272-161-18

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 May 4, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 23 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__.

Lisa Sawdon
Managing Member

Signature

Print Name

Title

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Attachment: Attachment 8 - Exhibit G – Special Election Ballot (8887 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 24

30.i
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Attachment: Attachment 9 - Project/Location Map (8887 : Resolution Declaring Intent to Annex Territory:

HIGHLAND AVENUECL

VALENCIA AVENUECL

C-STORE
PAD 1
1 OF 16163 East County Road 16Loveland, CO 80537p: 970.613.1447www.tait.comOrange CountySan Luis ObispoSacramentoRiversideDenverBoiseDallasAtlanta Since 1964ENGINEERING ENVIRONMENTAL BUILDING LANDASSOCIATES& CFD MAINTENANCE SITE PLAN EXHIBITHIGHLAND & VALENCIASAN BERNARDINO, CA. 92404

CFD MAINTENANCE AREA
N
210
N

30.j
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Attachment: Attachment 10 - CFD Landscape Maintenance Exhibit (8887 : Resolution Declaring Intent to

Page 1 ends

Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works

Subject: Approve Final Tract Map No. 17329-2 (Ward 5)

Recommendation
Adopt Resolution No. 2022 -81 of the Mayor and City Council of the City of San Bernardino, California, approving Final Map for Tract No. 17329 -2 (Subdivision 05 -40) involving the subdivision of a project site containing approximately 11.394 acres into 29 single-family residential lots located north of Ohio Avenue, and east of Little League Drive, accepting the public dedications as set forth on said map; and authorizing the City Manager to execute the sta ndard form of agreement for the subdivision improvements.

Background
On February 22, 2006, the Planning Commission of the City of San Bernardino approved Subdivision 05 -40 (Tentative Tract Map 17329 -2), proposing 29 single -family residential lots on 11.394 acres.

Discussion
The proposed project consists of subdividing one parcel containing approximately

11.394 acres into 29 single -family residential lots. The proposed residential lots within the tract map vary in size from 11,000 to 15,000 square feet.

Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of San Bernardino Development Code and the Subdivision Map Act, the applicant has submitted a Final Map for Mayor and City Council action and final acceptance. The City Engineer has reviewed the proposed Final Map for Tract No.17329 -2 and determined that the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and with all conditions of approval.

California Environmental Quality Act (CEQA)
A Mitigated Negative Declaration was adopted with the approval of Subdivision 05 -40 (Tentative Tract Map 17329) on February 22, 2006. No further changes to the environmental conditions of the subject site or the proposed subdivision have occ urred.

Therefore, the previous environmental determination adopted for Subdivision 05 -40 (Tentative Tract Map 17329) remains valid, pursuant to Section 15162 (c) (Subsequent Negative Declarations) of the California Environmental Quality Act. 31 Packet Pg. 761
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2021-2025 Key Strategic Targets and Goals
The adoption of a Resolution approving the Final Map for Tract No. 17329 -2 aligns with Key Target No. 1: Improved Operations & Financial Capacity . Specifically, the transformation of existing vacant and underutilized propertie s into productive single - family residential lots for the purpose of developing single -family residential homes meets the City’s economic development goals.

Fiscal Impacts
There will be no fiscal impact. All public infrastructure improvements required for this subdivision will be constructed by the Developer at its sole cost. City services will be provided to this project similar to other residential projects in the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Berna rdino, California, approve Resolution 2022 -81, approving Final Map for Tract No. 17329 -2 (Subdivision 05-40) involving the subdivision of a project site containing approximately

11.394 acres into 29 single -family residential lots located north of Ohio Aven ue, and east of Little League Drive, accepting the public dedications as set forth on said map; and authorizing the City Manager to execute the standard form of agreement for the subdivision improvements.

Attachments
Attachment 1 Resolution No. 2022-81
Attachment 2 Resolution No. 2022 -81; Exhibit A - Subdivision Improvement Agreement
Attachment 3 Project Bonds
Attachment 4 Final Map for Tract No.17329-2
Attachment 5 January 8, 2019 - Planning Commission Staff Report

Ward: 5

Synopsis of Previous Council Actions: None
31 Packet Pg. 762
Resolution No. 2022-81

Resolution 2022-81
May 4, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-81

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING FINAL MAP FOR TRACT NO. 17329-2
(SUBDIVISION 05-40) INVOLVING THE SUBDIVISION OF
A PROJECT SITE CONTAINING APPROXIMATELY 11.394
ACRES INTO 29 SINGLE -FAMILY RESIDENTIAL LOTS

LOCATED NORTH OF OHIO AVENUE, AND EAST OF

LITTLE LEAGUE DRIVE, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

STANDARD FORM OF THE SUBDIVISION

IMPROVEMENTS

WHEREAS, on February 22, 2006 the Planning Commission of the City of San Bernardino approved Subdivision 05 -40 for Tentative Tract Map 17329, and Final Tract Map 17329-2 is the second phase of Tentative Tract Map 17329, and WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 17329-2 with conditions of approval, and has analyzed the Final Map for Tract No. 17329-2 in order to ensure consistency between the approved Tentative Tract Map 17329-2 with adopted conditions of approval and the final map requirements, and has determined that the Final Map for Tract No. 17329-2 has been found to be in substantial conformance with the approved Tentative Tract Map 17329, and
WHEREAS, the Mayor and City Council find that proposed Tract Map 17329 -2, located north of Ohio Avenue and east of Little League Drive within the Residential Low (RL) zone together with the provisions of th eir design and improvement is consistent with the General Plan of the City of San Bernardino.

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

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

SECTION 2. The City Manager of the City of San Bernardino is authorized to execute the standard form Subdivision Improvement Agreement with Verdemont Ranch LLC. attached and incorporated herein as Exhibit A, for the improvements in said Tract Map as required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is as specified in the Agreement. Said improvements are specifically described and

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Resolution No. 2022-81

Resolution 2022-81
May 4, 2022

Page 2 of 3 ends

shown on Drawings approved and on file in the office of the Public Works Department of the City of San Bernardino.

SECTION 3. A Mitigated Negative Declaration was adopted with the approval of Subdivision 05-40 (tentative Tract Map 17329) on February 22, 2006. No further changes to the environmental conditions of the subject site or the proposed subdivision have occurred. Therefore, the previous environmental determination adopted for Subdivision 05 -40 (Tentative Tract map 17329) remains valid, pursuant to Section 15162 (c) (Subsequent Negative Declarations) of the California environmental Quality Act.

SECTION 4. The Final Map of said Tract Map is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said Tract Map for streets, alleys (including access rights), drainage and other public easements.

As a condition precedent to approval of Tract Map, the Subdivider shall first execute the Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.

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

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

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

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Attachment: Attachment 1 - Resolution No. 2022-81 Approve Final Tract Map No. 17329-2 [Revision 1] (8897 : Approve Final Tract Map No.

Resolution No. 2022-81

Resolution 2022-81
May 4, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-___, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

31.a
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EXHIBIT A 31.b
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Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works

Subject: Construction Contract Award – Construction Connector Pipe Screen TMDLs – Track 1 (All Wards)

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

1. Approve the award of a construction contract with United Storm Water, Inc., in the amount of $149,697 to provide construction of a Connector Pipe Screen Total Maximum Daily Loads (TMDLs) Track 1; and

2. Authorize the construction of the project, construction contingencies and inspection costs in an amount not to exceed $182,000 for the Connector Pipe Screen TMDLs- Track 1 Project; and

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

Background
In April 2015, the State Water Resources Control Bo ard (State Water Board) adopted an amendment to the Water Quality Control Plan for Ocean Waters of California (Ocean Plan) as well as the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries, collectively referred to as the “T rash Amendments.” The Trash Amendments specify installation of full capture systems like screens, nets, or Hydrodynamic separators to storm drain systems to remove trash. The term “full capture system” is used to describe structural controls (i.e., best ma nagement practices (BMPs) that have screen or net openings no larger than five millimeters (about 3/16 of an inch) and are sized to treat the flow rate associated with a 1 -year, 1-hour storm. Full capture BMPs are designed to trap all particles five millimeters or greater.

In June 2017, the Santa Ana Regional Water Quality Control Board (SARWQCB) submitted a letter to the City of San Bernardino to select a method to comply with statewide trash provisions; requirements for phase I municipal separate storm sewer system (MS4) co -permittees within the jurisdiction of the SARWQCB. The City of San Bernardino has elected to comply by following Track 1 method of compliance for trash 32 Packet Pg. 829
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provisions for the Phase 1 MS4.

Connector Pipe Screens (CPS) are fastened to a s torm drainpipe and have removable front screens which allows access to the pipe for maintenance. Connector pipe screens are expected to be the most cost -effective full capture BMP to prevent the catch basin from filling up with sediment and vegetative debr is to reduce capital costs and unnecessary maintenance.

In anticipation of this work, CPS Total Maximum Daily Loads (TMDLs) project was included in the Fiscal Year 2021/22 Capital Improvement Plan (CIP) adopted on June 16, 2021, by the Mayor and City Coun cil. The CIP established Storm Drain DIF Funding in the amount of $235,000 for CPS TMDLs (CIP SD21 -001) to install full capture devices Citywide in storm drain infrastructures to comply with State Water Code Section 13383 and TMDLs which prohibits trash from entering storm water systems.

Plans and specifications were prepared with the proposed scope of work at the locations to include the installation of trash capture screens at approximately 160 existing catch basins thought the City.

Discussion
Project 13459, to install Connector Pipe Screen, was advertised for public bidding on March 16, 2022, and March 23, 2022, in the San Bernardino County Sun Newspaper, F.

W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s website, and the San Bernardino Area Chamber of Commerce.

Sealed bids were received and opened on April 7, 2022. The City received three bids as follows:

Bidder City Base Bid
United Storm Water, Inc. City of Industry $ 149,697.00
G2 Construction, Inc. Santa Ana $ 172,735.00
Downstream Services, Inc. Escondido $ 283,598.00

The City has reviewed the bid package and confirmed that United Sto rm Water, Inc., of City of Industry, California, is the lowest responsible and responsive bidder, with a total bid amount of $149,697. If awarded by the Mayor and City Council, construction work is anticipated to begin in June 2021 and be completed by August 2021.

2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No.1e: Minimize risk and litigation exposure .

Approval of this project will result in public improvements being constructed that minimize risk and litigation exposure ensuring compliance with State Water Code.

Fiscal Impact
There is no General Fund impact associated with this action. Project budget for the 32 Packet Pg. 830
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proposed work was previously established through the adopted Fiscal Year 2021/22 Capital Improvement Plan in the Storm Drain DIF fund as follows:

Connector Pipe Screen (CPS) TMDLs - Track 1
$233,852.25
Total Available Project Funding $233,852.25

The overall cost of the improvement for Connector pipe screen is as follows:

Construction Bid Amount $149,697.00
Construction Contingency $22,303.00
Engineering and Inspections $10,000.00
Total Project Cost $182,000.00

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

1. Approve the award of a construction contract with United Storm Water, Inc., in the amount of $149,697 to provide construction of Connector Pipe Screen Total Maximum Daily Loads (TMDLs) - Track 1 Project; and

2. Authorize the cons truction of the project, construction contingencies and inspection costs in an amount not to exceed $182,000 for the Connector Pipe Screen TMDLs - Track 1 Project; and

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

Attachments
Attachment 1 Contract Agreement
Attachment 2 Bid Tabulation
Attachment 3 Bid Proposal
Attachment 4 Location Map

Ward: All

Synopsis of Previous Council Actions:

June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22.
32 Packet Pg. 831

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Attachment: Attachment 1 - Contract Agreement (8901 : Construction Contract Award – Construction Connector Pipe Screen TMDLs – Track 1 BID  TABULATION
FOR
CONSTRUCTION OF  CONNECTOR PIPE SCREEN (CPS) TMDL’S – TRACK 1 SPECIAL  PROVISIONS  NO.  13459
BID OPENING: 2:00 P.M., April 07, 2022
FILE NO. 11.248.8772   ACCT.  NO.  248‐160‐8772*5504
Item No. Unit Estimated
Quantity Unit Price Total Unit Price Total Unit Price Total 1 LS 1 $5,000.00 $5,000.00 $5,000. 00 $5,000.00 $39,344.00 $39,344.00 2 LS 1 $1,000.00 $1,000.00 $10,000. 00 $10,000.00 $13,679.00 $13,679.00 3 LS 1 $27,544.00 $27,544.00 $5,635. 00 $5,635.00 $14,352.00 $14,352.00 4 LS 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
5 EA 1 $685.00 $685.00 $650.00 $650.00 $1,343.00 $1,343.00 6 EA 10 $685.00 $6,850.00 $750.00 $7,500.00 $1,343.00 $13,430.00 7 EA 2 $685.00 $1,370.00 $800.00 $1,600.00 $1,343.00 $2,686.00 8 EA 17 $685.00 $11,645.00 $800.00 $13,600.00 $1,343.00 $22,831.00 9 EA 10 $685.00 $6,850.00 $825.00 $8,250.00 $1,343.00 $13,430.00 10 EA 50 $685.00 $34,250.00 $850.00 $42,500.00 $1,343.00 $67,150.00 11 EA 4 $685.00 $2,740.00 $900.00 $3,600.00 $1,343.00 $5,372.00 3RD LOWEST BIDDER
Down Stream Services, Inc.

Apparent Low Bidder
United Storm Water, Inc.
2ND LOW BIDDER
G2 Construction Inc.

Bid Item Description

BID SCHEDULE
CONNECTOR PIPE SCREEN (CPS) TMDL’S – TRACK 1
Special Provisions NO. 13459
Furnish and Install Certified Full Capture
25”‐26” inch Connector Pipe Screen (CPS) in existing catch basin per project plans, specifications, and Appendix B
Furnish and Install Certified Full Capture
22”‐24” inch Connector Pipe Screen (CPS) in existing catch basin per project plans, specifications, and Appendix B
Furnish and Install Certified Full Capture
19”‐20” inch Connector Pipe Screen (CPS) in existing catch basin per project plans, specifications, and Appendix B
Furnish and Install Certified Full Capture
17”‐18” inch Connector Pipe Screen (CPS) in existing catch basin per project plans, specifications, and Appendix B
Mobilization
Furnish and Install Certified Full Capture
14”‐15” inch Connector Pipe Screen (CPS) in existing catch basin per project plans, specifications, and Appendix B
Furnish and Install Certified Full Capture
12”‐13” inch Connector Pipe Screen (CPS) in existing catch basin per project plans, specifications, and Appendix B
Furnish and Install Certified Full Capture
8 inch Connector Pipe Screen (CPS) in existing catch basin per project plans, specifications, and Appendix B
Storm Water Pollution and Prevention Plan and NPDES Compliance Catch Basin Cleaning per project plans, specifications, and Appendix Traffic Control & Safety
1/2

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Attachment: Attachment 2 - Bid Tabulation (8901 : Construction Contract Award – Construction Connector Pipe Screen TMDLs – Track 1 (All BID TABULATION
FOR
CONSTRUCTION OF CONNECTOR PIPE SCREEN (CPS) TMDL’S – TRACK 1 SPECIAL PROVISIONS NO. 13459
Item No. Unit Estimated
Quantity Unit Price Total Unit Price Total Unit Price Total 3RD LOWEST BIDDER
Down Stream Services, Inc.

Apparent Low Bidder
United Storm Water, Inc.
2ND LOW BIDDER
G2 Construction Inc.

Bid Item Description

BID SCHEDULE
CONNECTOR PIPE SCREEN (CPS) TMDL’S – TRACK 1
Special Provisions NO. 13459
12 EA 1 $685.00 $685.00 $900.00 $900.00 $1,343.00 $1,343.00 13 EA 18 $685.00 $12,330.00 $1,100.00 $19,800.00 $1,343.00 $24,174.00 14 EA 12 $685.00 $8,220.00 $1,200.00 $14,400.00 $1,343.00 $16,116.00 15 EA 6 $1,142.00 $6,852.00 $1,300. 00 $7,800.00 $1,343.00 $8,058.00 16 EA 3 $1,142.00 $3,426.00 $1,500. 00 $4,500.00 $1,343.00 $4,029.00 17 EA 27 $750.00 $20,250.00 $1,000.00 $27,000.00 $1,343.00 $36,261.00 149,697.00$ 172,735.00 $ $283,598.00
Furnish and Install Certified Full Capture Irregularly Shaped Connector Pipe Screen (CPS) in existing catch basin per project plans, specifications, and Appendix B
Furnish and Install Certified Full Capture
48 inch Connector Pipe Screen (CPS) in existing catch basin per project plans, specifications, and Appendix B
Furnish and Install Certified Full Capture
36 inch Connector Pipe Screen (CPS) in existing catch basin per project plans, specifications, and Appendix B
Furnish and Install Certified Full Capture
32 inch Connector Pipe Screen (CPS) in existing catch basin per project plans, specifications, and Appendix B
Furnish and Install Certified Full Capture
30 inch Connector Pipe Screen (CPS) in existing catch basin per project plans, specifications, and Appendix B
Furnish and Install Certified Full Capture
27 inch Connector Pipe Screen (CPS) in existing catch basin per project plans, specifications, and Appendix B
TOTAL BID SCHEDULE
2/2

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PROJECT NO. 13459

LIST OF LOCATIONS

NUMBER ADDRESS NEAREST CROSS STREET
1 110 S D STREET RIALTO AVENUE
2 110 S D STREET RIALTO AVENUE
3 100 N D STREET RIALTO AVENUE
4 100 N D STREET RIALTO AVENUE
5 RIALTO AVENUE D STREET
6 RIALTO AVENUE D STREET
7 RIALTO AVENUE D STREET
8 N D STREET 2ND STREET
9 N D STREET 2ND STREET
10 N D STREET 3RD STREET
11 N D STREET 3RD STREET
12 N D STREET COURT STREET
13 350 N D STREET COURT STREET
14 N D STREET 4TH STREET
15 N D STREET 4TH STREET
16 N D STREET 6TH STREET
17 N D STREET 6TH STREET
18 N D STREET 6TH STREET
19 789 N STREET
20 1728 N D STREET 17TH STREET
21 N D STREET 17TH STREET
22 N D STREET 18TH STREET
23 N D STREET 18TH STREET
24 N E STREET 30TH STREET
25 N E STREET 30TH STREET
26 30TH STREET 400 WEST BLOCK
27 2931 N E STEET
28 2900 N E STREET
29 1700 N E STREET
30 N E STREET 17TH STREET
31 601 N E STREET 6TH STREET
32 N E STREET 6TH STREET
33 N E STREET 5TH STREET
34 N E STREET 4TH STREET
35 N E STREET 4TH STREET
36 N E STREET 4TH STREET
37 N E STREET COURT STREET
38 N E STREET COURT STREET
39 N E STREET 2ND STREET
40 N E STREET 2ND STREET
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PROJECT NO. 13459

LIST OF LOCATIONS

NUMBER ADDRESS NEAREST CROSS STREET
41 N E STREET RIALTO AVENUE
42 N E STREET RIALTO AVENUE
43 N E STREET RIALTO AVENUE
44 N E STREET RIALTO AVENUE
45 115 S E STREET RAILROAD TRACKS
46 115 S E STREET RAILROAD TRACKS
47 229 S E STREET
48 229 S E STREET ORANGE SHOW RD
49 MACY STREET 2100 BLOCK
50 2122 W HIGHLAND AVENUE
51 2130 W HIGHLAND AVENUE
52 210 WEST FWY ON RAMP UNIVERSITY PARKWAY
53 210 WEST FWY ON RAMP UNIVERSITY PARKWAY
54 210 WEST FWY ON RAMP UNIVERSITY PARKWAY
55 210 WEST FWY ON RAMP UNIVERSITY PARKWAY
56 UNIVERSITY PARKWAY LINCOLN AVENUE
57 1950 W HIGHLAND AVENUE
58 1622 W HIGHLAND AVENUE
59 1622 W HIGHLAND AVENUE MEDICAL CENTER
60 1588 W HIGHLAND AVENUE
61 2276 MEDICAL CENTER DRIVE
62 W HIGHLAND AVENUE MT VERNON
63 H STREET HIGHLAND AVENUE
64 798 W HIGHLAND AVENUE
65 N H STREET 2200 BLOCK
66 908 W HIGHLAND AVENUE
67 911 W HIGHLAND AVENUE
68 908 23RD STREET I STREET
69 E HIGHLAND AVENUE N WINDSOR
70 842 E HIGHLAND AVENUE CEDAR STREET
71 868 E HIGHLAND AVENUE CEDAR STREET
72 892 E HIGHLAND AVENUE LAWRENCE STREET
73 902 E HIGHLAND AVENUE LAWRENCE STREET
74 1014 E HIGHLAND AVENUE HARRISON STREET
75 1104 E HIGHLAND AVENUE HARRISON STREET
76 1148 E HIGHLAND AVENUE NEWPORT STREET
77 1158 E HIGHLAND AVENUE NEWPORT STREET
78 1175 E HIGHLAND AVENUE ELKS
79 1198 E HIGHLAND AVENUE GOLDEN
80 1200 E HIGHLAND AVENUE GOLDEN
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PROJECT NO. 13459

LIST OF LOCATIONS

NUMBER ADDRESS NEAREST CROSS STREET
81 1700 E HIGHLAND AVENUE
82 1689 E HIGHLAND AVENUE
83 1755 E HIGHLAND AVENUE
84 2002 E HIGHLAND AVENUE STERLING AVENUE
85 2007 E HIGHLAND AVENUE STERLING AVENUE
86 2402 E HIGHLAND AVENUE ARDEN AVENUE
87 2505 E HIGHLAND AVENUE 210 OFF RAMP
88 4150 E HIGHLAND AVENUE
89 4200 E HIGHLAND AVENUE
90 4000 E HIGHLAND AVENUE PIEDMONT
91 3600 E HIGHLAND AVENUE PALM AVENUE
92 800 KENDALL DRIVE H STREET
93 800 KENDALL DRIVE H STREET
94 3939 N H STREET KENDALL DRIVE
96 930 S ARROWHEAD HILLCREST
97 930 S ARROWHEAD HILLCREST
95 700 S ARROWHEAD
96 701 S ARROWHEAD
97 701 S ARROWHEAD
98 290 W MILL STREET ARROWHEAD
99 310 W MILL STREET ARROWHEAD
100 265 W MILL STREET ARROWHEAD
101 502 S ARROWHEAD
102 190 S ARROWHEAD
103 205 S ARROWHEAD
104 ARROWHEAD RIALTO AVENUE
105 100 N ARROWHEAD RIALTO AVENUE
106 100 N ARROWHEAD RIALTO AVENUE
107 100 S ARROWHEAD RIALTO AVENUE
108 100 S ARROWHEAD RIALTO AVENUE
109 100 N ARROWHEAD KING
110 198 S ARROWHEAD
111 600 N ARROWHEAD 6TH STREET
112 605 N ARROWHEAD 6TH STREET
113 1777 W BASELINE
114 MEDICAL CENTER BASELINE
115 BASELINE MEDICAL CENTER
116 MT VERNON BASELINE
117 MT VERNON BASELINE
118 1301 W BASELINE MT VERNON
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PROJECT NO. 13459

LIST OF LOCATIONS

NUMBER ADDRESS NEAREST CROSS STREET
119 700 W BASELINE N G STREET
120 700 W BASELINE N G STREET
121 660 E BASELINE
122 806 E BASELINE WINDSOR
123 E BASELINE 1200 BLOCK / WINDSOR
124 1228 N H ST BASELINE
125 794 W BASELINE H STREET
126 W BASELINE H STREET
127 100 EAST CENTRAL ARROWHEAD
128 101 EAST CENTRAL ARROWHEAD
129 271 SOUTH I STREET NORTH OF MILL STREET
130 158 NORTH I STREET CONGRESS STREET
131 158 NORTH I STREET CONGRESS STREET
132 295 SOUTH WATERMAN AVENUE RIALTO AVENUE
133 200 WEST RIALTO AVENUE ARROWHEAD AVENUE
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Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works

Subject: NPDES Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees (All Wards)

Recommendation
Adopt Resolution No. 2022 -82 of the Mayor and City Council of the City of San Bernardino, California, approving the San Bernardino County Municipal Se parate Storm Sewer System - National Pollution Discharge Elimination System (NPDES) Common Interest, Joint Defense, and Confidentiality Agreement among Permittees; and authorizing the City Manager or designee to execute all documents on behalf of the City.

Background
The Municipal Separate Storm Sewer System (MS4) Permit is issued jointly to the County of San Bernardino, the San Bernardino County Flood Control District (SBCFCD), and sixteen incorporated cities in the Santa Ana River Watershed portion of San Bernardino County. The San Bernardino County Flood Control District is the Principal Permittee. The District's primary responsibilities are to administer the overall stormwater program in conjunction with the cities, lead in the development of programs, act as the liaison with water board staff and prepare the required consolidated reports.

The County of San Bernardino and sixteen incorporated cities are “Co -Permittees” and are responsible for implementing individual program elements in their individual jurisdictions and to fiscally support the county -wide program. The permit is regulated under the Santa Ana Regional Water Quality Control Board District 8 (RWQCB). The current San Bernardino County MS4 Permit Order No. R8 -2010-0036, NPDES Permit No. CAS61 8036 (Permit) which expired on January 29, 2015, was administratively extended by the RWQCB until a new permit is issued. In 2015, in anticipation of review and negotiations in response to the new proposed permit, the SBCFCD initially engaged the services of Chris M. Amantea, Esq. to assist on legal and other issues related to the renewal of the MS4 NPDES Permit, as well as on other matters necessary to representation of the MS4 Permittee Group in connection with negotiating the terms of the next term MS4 Permit.

Discussion
On February 4, 2022, the Santa Ana Regional Water Control Board conducted a Public 33 Packet Pg. 868
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Workshop to present the Board staff’s Working Proposal for the next term permit. It is anticipated that the permit will be adopted by the end of 2022 wit h an effective date of January 2023. At this time, San Bernardino County Counsel has selected the law firm of Myers Nave, to further represent the San Bernardino County Flood Control District as the Principal Permittee of the San Bernardino County Stormwater Program.

The proposed Common Interest, Joint Defense, and Confidentiality Agreement among Permittees (Agreement) will allow the Parties (Principal Permittee and Co-Permittees) to establish a common interest group with respect to the Permit Proceedings , preserve to the fullest extent possible all applicable legal and evidentiary privileges, including the protections of the attorney -client privilege, the work product doctrine, the joint defense/common interest privilege, and the deliberative process and official information privileges.

The office of the City Attorney has reviewed and recommends approval of the proposed Common Interest, Joint Defense, and Confidentiality Agreement.

2021-2025 Key Strategic Targets and Goals
This project is consistent wit h Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
Overall fiscal impacts are not known at this time. However, the costs incurred by San Bernardino County Counsel under this agreement will be paid through the San Bernardino County Area -Wide Stormwater Program Budget, which the City contribu tes its’ pro-rata share. The current and next fiscal year budgets each contain an allocation for this expenditure.

Conclusion
Adopt Resolution No. 2022 -82 of the Mayor and City Council of the City of San Bernardino, California, approving the San Bernardin o County Municipal Separate Storm Sewer System - National Pollution Discharge Elimination System (NPDES) Common Interest, Joint Defense, and Confidentiality Agreement among Permittees; and authorizing the City Manager or designee to execute all documents o n behalf of the City.

Attachments
Attachment 1 Resolution No. 2022-82
Attachment 2 Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees
Attachment 3 NPDES Storm Water Permit Implementation Agreement

Ward: All

Synopsis of Previous Council Actions:
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July 17, 2019 Mayor and the City Council adopted Resolution No. 2019-170 approving the NPDES Local Implementation Plan (LIP).
33 Packet Pg. 870
Resolution No. 2022-82

Resolution 2022-82
May 4, 2022

Page 1 of 4 ends

RESOLUTION NO. 2022-82

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE SAN BERNARDINO COUNTY

MUNICIPAL SEPARATE STORM SEWER SYSTEM -

NATIONAL POLLUT ION DISCHARGE ELIMINATION

SYSTEM (NPDES) COMMON INTEREST, JOINT

DEFENSE, AND CONFIDENTIALITY AGREEMENT
AMONG PERMIT TEES; AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE ALL
DOCUMENTS ON BEHALF OF THE CITY.

WHEREAS, the Santa Ana Regional Water Quality Control Board (SARWQCB) adopted Order R8-2010-0036 [NPDES CAS618036], a National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Systems Permit (MS4 Permit) on January 29, 2010 , to regulate municipal storm water discharges within the San Bernardino County; and WHEREAS, the City adopted Urgency Ordinance MC -1167 amending the Chapter 8.80 of the San Bernardino Municipal Code pertaining to the protection and regulation of the City’s storm water drainage system and declaring the urgency thereof; and

WHEREAS, on July 17, 2019, the Mayor and City Council adopted Resolution No. 2019- 170 approving the NPDES Local Implementation Plan (LIP) . City’s LIP is a City -specific document/implementation tool that outlines the actions and strategies that the City will implement to meet the goals and objectives of the Water Quality Management Plan (WQMP) and the required program elements specified within the MS4 Permit; and
WHEREAS, the MS4 Permit is issued jointly to the County of San Bernardino, the San Bernardino County Flood Control District (SBCFCD), and the sixteen incorporated cities in the Santa Ana River Watershed portion of San Bernardino County. The SBCFCD is the Principal Permittee; and
WHEREAS, San Bernardino County and the sixteen incorporated cities are “Co - Permittees” and are responsible to implement individual program elements in their individual jurisdiction and to fiscally support the county -wide program. The permit is regulated under the Santa Ana Regional Water Quality Control Board District 8 (RWQCB); and WHEREAS, the current San Bernardino County MS4 Permit Order No. R8 -2010-0036, NPDES Permit No. CAS618036 (Permit) which expired on January 29, 2015, was administratively extended by the RWQCB until a new permit is issued; and WHEREAS, on February 4, 2022, the Santa Ana Regional Water Quality Control Board conducted a Public Workshop to present the Board staff’s Working Proposal for the next term

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Resolution 2022-82
May 4, 2022

Page 2 of 4 ends

permit. It is anticipated that the permit will be adopted by the end of 2022 with an effective date of January 2023; and
WHEREAS, the proposed Common Interest, Joint Defense, and Confidentiality Agreement among Permittees will allow the Parties (Principa l Permittee and Co -Permittees) to establish a common interest group with respect to the Permit Proceedings, preserve to the fullest extent possible all applicable legal and evidentiary privileges, including the protections of the attorney-client privilege, the work product doctrine, the joint defense/common interest privilege, and the deliberative process and official information privileges.

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

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

SECTION 2. The Mayor and City Council hereby authorize the City Manager or designee to execute all documents related to the National Pollution Discharge Elimination System (NPDES) Common Interest, Joint Defense, and Confidentiality Agreement on behalf of the City.

SECTION 3. The San Bernardino County Municipal Separate Storm Sewer System - National Pollution Discharge Elimination System (NPDES) Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees California, incorporated hereto by reference, is hereby approved, and adopted by the City Council.

SECTION 4. Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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Resolution 2022-82
May 4, 2022

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

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Resolution 2022-82
May 4, 2022

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-___, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

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Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works

Subject: Approving Amendment No.1 to Cooperative Agreement with SBCTA (Wards 5,6)

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to Cooperative Agreement No . 19 -1002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04-019).

Background
The goal of this project is to relieve congestion on westbound University Parkway due to heavy left turn movements onto the southbound I -215 Freeway. Two alternatives were studied as follows: 1) a loop on -ramp at the northwest quadrant; or 2) a Divergent Diamond Interchange (DDI). The City completed a Project Study Report - Project Development Support (PSR-PDS).

On October 26, 2015, the Mayor and City Council approved Resolution No. 2015 -233; Cooperative Agreement No. 16 -1001335, which provides that upon completion of the PSR-PDS and acceptance by Caltrans, the project will be turned over to San Bernardino County Transportation Authority (SBCTA) for Project Management and delivery.

On June 19, 2019, the Mayor and City Council approved Resolution No. 2019 -161; Cooperative Agreement No.19 -1002205, which assumed the terms and conditions of Cooperative Agreement No. 16 -1001335. During discussions with SBCTA, it was discovered that Cooperative Agreement No.16 -1001335 had inadvertently terminated on June 29, 2018. Therefore, SBCTA recommended a new cooperative agreement to replace and continue after t he termination date of Cooperative Agreement No.16 - 1001335. Cooperative Agreement No. 19 -1002205 also reflected an increase in the estimated cost for the Project Approval and Environmental Document (PAED), the Plans, Specifications, and Estimates (PS&E) ph ases, and included estimated costs for the Construction phase.

Since then, the project team has completed 60% of the design plans, and has begun acquisition of property rights needed to construct and operate the project. SBCTA has 34 Packet Pg. 945
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been working with the City on an amendment to reflect anticipated cost increases in the final design and right-of-way (ROW) phases, and to address funding adjustments in the construction phase. As part of the 60% completion to date, there were several design updates, changes, and new requirements that warrant additional efforts that were not accounted for in the original scope of work. Additional efforts include field studies and the preparation of a geotechnical report for pavement design, foundations of signage, and lighting str uctures. Incorporation of aesthetic improvements, street light improvements, electrical system changes, video detection, touchless pedestrian pushbuttons, and design support during construction were not included in the original cost. Additionally, the esti mated ROW cost increases anticipated are attributed to the recent completion of formal appraisals, feedback from coordination with property owners, refinements to project design, and the consideration of the project’s potential effects to adjacent properti es. The above mentioned factors led to the acquisition of rights from an additional property owned by Caltrans. Prior ROW costs were based on preliminary level design information and early pre -appraisal estimates. These costs increases will be funded with local developer impact fees (DIF) and Measure I funds at

15.8% and 84.2% of the cost increase respectively.

Discussion
SBCTA is requesting that the City approve Amendment No. 1 to Cooperative Agreement No.19-1002205 for the PAED, PS&E, ROW, and constructi on phases of the Interstate 215 University Parkway Interchange Project. The total revised total amount of SBCTA’s project contribution is $9,709,958 and the City’s contribution is $2,392,058.

The total amount of buy -down funds, comprising of various feder al funds, remains the same. The amount of $396,437 will be billed monthly as appropriate. Should costs during the 100% design stage exceed the amount in Cooperative Agreement No. 19 - 1002205, an amendment will be taken back to the Mayor and City Council fo r consideration.

2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 4: Economic Growth & Development . This project will contribute to ensure that the City is clean and attractive and provides an infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact associated with this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to Cooperative Agreement No. 19 -1002205 with the San Bernardino County Transportation Commission (Authority) for the Interstate 215/University Parkway Interchange Project (SS04-019).

Attachments
Attachment 1 Amendment No. 1 to Cooperative Agreement No.19-1002205 Attachment 2 DIF/City Funds Cash Flow Forecast
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Attachment 3 Original Agreement SBCTA I-215 Coop 19-1002205

Wards: 5,6

Synopsis of Previous Council Actions:

December 6, 2004 Mayor and City Council adopted Resolution No. 2004-383 approving Agreement with TY Lin International to provide a PSR/PR document for the University Parkway/ Interstate 215 Interchange Southbound Loop Entrance Ramp project
(SSO4-19).

July 16, 2007 Mayor and City Council adopted Resolution No. 2007 -257 approving Amendment No. 1 with TY Lin International to
provide PSR/PR documents for the University Parkway/
Interstate 215 Interchange Southbound Loop Entrance
Ramp project (SSO4-19).

February 19, 2008 Mayor and City Council dropped Resolution No. 2008 -60 approving Amendment No. 2 with TY Lin International to
provide PSR/ PR documents for the University Parkway/
Interstate 215 Interchange Southbound Loop Entrance
Ramp project (SS04-19).

May 19, 2008 Mayor and City Council adopted Resolution No. 2008 -152 approving Amendment No. 3 with TY Lin International to
provide PSR/ PR documents for the University Parkway/
Interstate 215 Interchange Southbound Loop Entrance
Ramp project (SSO4-19).

July 6, 2009 Mayor and City Council adopted Resolution No. 2009 -199 approving Amendment No. 4 with TY Lin International to
provide PSR/PR documents for the University Parkway/
Interstate 215 Interchange Southbound Loop Entrance
Ramp project (SSO4-19).

October 19, 2015 Mayor and City Council adopted Resolution No. 2015 -233 approving a Memorandum of Understanding (MOU) No. 15 -
1001217 and Cooperative Agreement No. 16 -1001335 with
SANBAG for Project Management of the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SSO4- 19).

September 6, 2016 Mayor and City Council adopted Resolution No. 2016 -191 approving Amendment No.1 to Cooperative Agreement No.
16-1001335 with San Bernardino County Transportation
Commission (Authority) for the Interstate 215/University Parkway Interchange Project (SSO4-19).
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June 19, 2019 Mayor and City Council adopted Resolution No. 2019 -161 approving Cooperative Agreement No. 19 -1002205 with San Bernardino County Transportation Commission (Authority) for the Interstate 215/University Parkway Interchange Project (SSO4-19).
34 Packet Pg. 948

1 Amendment No. 1 to 19-1002205
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO 19-1002205

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF SAN BERNARDINO
FOR

PROJECT REPORT AND ENVIRONMENTAL DOCUMENT (PA/ED),

PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), RIGHT-OF-WAY (ROW),

AND CONSTRUCTION PHASES FOR THE INTERCHANGE AT UNIVERSITY PARKWAY AND INTERSTATE 215 (I-215) IN THE CITY OF SAN BERNARDINO

I. PARTIES

A. This Amendment No. 1 (AMENDMENT) to Agreement 19-1002205 (AGREEMENT) is made by and between the San Bernardino County Transportation Authority (SBCTA) and the City of San Bernardino (CITY). SBCTA and CITY are each a "Party" and collectively the "Parties" herein.

II. RECITALS

A. In November 2015, Parties entered into Cooperative Agreement No. 16-100335 to to define the roles and responsibilities and funding for improvements for the PA/ED, PS&E, and ROW phases for the interchange at University Parkway and I-215 in the limits of the City of San Bernardino (PROJECT), and
B. Cooperative Agreement No. 16-100335 terminated on June 29, 2018, and C. The Parties entered into AGREEMENT in July 2019 which assumed the terms and conditions of Cooperative Agreement No. 16-100335 and had an effective date of June 30, 2018, and
D. The estimated total cost of PROJECT has increased by $2,509,100 from estimated total of $15,327,916 to $17,837,016, and
E. Parties desire to amend AGREEMENT to define funding responsibilities for the estimated cost increase of PROJECT, and
NOW, THEREFORE, the Parties agree to amend the AGREEMENT as follows:

1. Replace Attachment A in its entirety with the attached Attachment A.1

2. Except as amended by AMENDMENT, all other provisions of the AGREEMENT and amendments thereto shall remain in full force and effect and are incorporated herein by this reference.

3. AMENDMENT is deemed to be included and made part of the AGREEMENT.

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2 Amendment No. 1 to 19-1002205

4. The Recitals set forth above are incorporated herein by this reference.

5. AMENDMENT is effective upon execution by the Parties. --------------------------SIGNATURES ON FOLLOWING PAGE----------------------------

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Attachment: Attachment 1-Amendment No. 1 to Cooperative Agreement 19-1002205 [Revision 6] (8815 : Approving Amendment No.1 to

3 Amendment No. 1 to 19-1002205
IN WITNESS WHEREOF, Parties have duly executed
Amendment No. 1 to Agreement 19-1002205 below

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

CITY OF SAN BERNARDINO

By:___ ________________________

By:__________________________
Curt Hagman Robert D. Field
President, Board of Directors City Manager

Date:__________________________

APPROVED AS TO FORM APPROVED AS TO FORM AND
PROCEDURE:

By:____________________________

By:____________________________
Juanda L. Daniel
Assistant General Counsel
Sonia R. Carvalho
City Attorney

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4 Amendment No. 1 to 19-1002205
Amendment No. 1 to Agreement 19-1002205

Attachment A.1

Project Scope:

Improve traffic operations at the I -215 University Parkway Interchange by improving freeway access to I -215 and improving local traffic flow on University Parkway by reconstructing existing interchange configuration into a Diverging Diamond Interchange (DDI).

Project Cost Estimate and Funding Shares
After application of buy-down funds, Project costs will be split according to the SBCTA Nexus Study with the Public Share at 84.2% and the Development/Local Share at 15.8%

Project Milestones

Milestone Actual / (Forecast)
Start of PA/ED 6/2017
Environmental Approval 7/2020
Ready to List (12/2022)
Construction Notice to Proceed (7/2023)
Construction Complete (7/2024)

Estimated
Costs Buy-Down Public Share Development/
Local Share
Project Approval
and Environmental
Document (PA/ED)
$1,062,176 $939,716 $103,111 $19,349
Design (PS&E) $1,203,856 $1,103,855 $84,201 $15,800
Right of Way
(ROW) $2,821,400 $612,000 $1,860,315 $349,085
Construction $12,179,584 $3,079,429 $7,662,331 $1,437,824 SBCTA Oversight $570,000 $0 $0 $570,000
TOTAL $17,837,016 $5,735,000 $9,709,958 $2,392,058

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Attachment: Attachment 1-Amendment No. 1 to Cooperative Agreement 19-1002205 [Revision 6] (8815 : Approving Amendment No.1 to Phase TOTAL COST DIF/City Measure STP DEMO HIP
PE** $1,866,033 $35,149 $187,312 $908,572 $735,000 $0
R/W $2,821,400 $349,085 $1,860,315 $0 $0 $612,000
CON*** $12,715,683 $1,437,824 $7,662,331 $0 $0 $3,615,528 SBCTA Oversight $570,000 $570,000 $0 $0 $0 $0
Total $17,973,116 $2,392,058 $9,709,958 $908,572 $735,000 $4,227,528 I-215 University Pkwy Interchange - SBCTA R/W Legal Estimate Forecast and Cash Flow Funding Table in 19-1002205 Amendment 1 - Proposed
City share: 15.8%
SBCTA share: 84.2%

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Attachment: Attachment 2-DIF-City Funds Cash Flow Forecast [Revision 1] (8815 : Approving I-215 University: Proposed Coop Amendment No. 1
Phase Estimated Cost Buy-Down
Funds Public Share Development
Share
Project Approval and
Environmental Document
(PA/ED)
$1,022,216 $939,716 $69,465 $13,035
Design (PS&E) $703,856 $703,856 $0 $0
Right of Way (ROW) $62,700 $0 $52,793 $9,907
Construction $0 $0 $0 $0
SANBAG Oversight $220,000 $0 $0 $220,000
TOTAL $2,008,772 $1,643,572 $122,258 $242,942
Phase Estimated Cost Buy-Down
Funds Public Share Development
Share
Project Approval and
Environmental Document
(PA/ED)
$1,062,176 $939,716 $103,111 $19,349
Design (PS&E) $803,856 $703,855 $84,201 $15,800
Right of Way (ROW) $712,300 $475,900 $199,049 $37,351
Construction $12,179,584 $3,615,529 $7,210,934 $1,353,121 SANBAG Oversight $570,000 $0 $0 $570,000
TOTAL $15,327,916 $5,735,000 $7,597,295 $1,995,621
Phase Estimated Cost Buy-Down
Funds Public Share Development
Share
Project Approval and
Environmental Document
(PA/ED)
$1,062,176 $939,716 $103,111 $19,349
Design (PS&E) $1,203,856 $1,103,855 $84,201 $15,800
Right of Way (ROW) $2,821,400 $612,000 $1,860,315 $349,085 Construction $12,179,584 $3,079,429 $7,662,331 $1,437,824 SANBAG Oversight $570,000 $0 $0 $570,000
TOTAL $17,837,016 $5,735,000 $9,709,958 $2,392,058
Phase Estimated Cost Buy-Down
Funds Public Share Development
Share
Project Approval and
Environmental Document
(PA/ED)
$0 $0 $0 $0
Design (PS&E) $400,000 $400,000 $0 $0
Right of Way (ROW) $2,109,100 $136,100 $1,661,266 $311,734 Construction $0 -$536,100 $451,397 $84,703
SANBAG Oversight $0 $0 $0 $0
TOTAL $2,509,100 $4,091,428 $2,112,663 $396,437
Funding Table in 16-1001335
Funding Table in 19-1002205
Funding Table in 19-1002205 Amendment 1 - Proposed
Difference

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COOPERATIVE AGREEMENT NO. 19-1002205

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF SAN BERNARDINO
FOR

PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA/ED), PLANS,

SPECIFICATIONS AND ESTIMATES (PS&E), RIGHT OF WAY (ROW), AND

CONSTRUCTION PHASES FOR THE INTERCHANGE AT UNIVERSITY PARKWAY AND INTERSTATE 215 (I-215) IN THE CITY OF SAN BERNARDINO I. PARTIES AND TERM
A. THIS COOPERATIVE AGREEMENT NO. 19-1002205 (“AGREEMENT”) is made and entered into by and between the San Be rnardino County Transportation Authority (hereinafter referred to as “SBCTA”) and th e City of San Bernardino (“CITY”), (SBCTA and CITY may be referred to herein indivi dually as a “PARTY” and collectively as “PARTIES”).

B. This AGREEMENT is effective on June 30, 2018. Unless this AGREEMENT is terminated early as provided in Section V, Paragra ph E, this AGREEMENT shall terminate upon completion of the PARTIES’ obligations asso ciated with the PA/ED, PS&E, ROW, and Construction phases described herein. The inde mnification provisions identified in Section V, Paragraphs C through D, shall survive the termination of this AGREEMENT. Should any claims arising out of this AGREEMENT be a sserted against one of the PARTIES prior to termination of this AGREEMENT, the AGREEM ENT shall be extended until such time as the claims are settled, dismissed or paid.

II. RECITALS
A. WHEREAS, PARTIES entered into Coopera tive Agreement No. 16-1001335 in November 2015, attached herein as ATTACHMENT B, to define roles and responsibilities and funding for improvements for the PA/ED, PS&E, and RO W phases for the interchange at University Parkway and I-215 in the limits of the City of San Bernardino (PROJECT); and

B. WHEREAS, PARTIES amended Cooperative Agreement No. 16-1001335, attached herein as ATTACHMENT C, in September 2016 to reflect an estimated increase in the cost for the PA/ED and PS&E phases; and

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C. WHEREAS, SBCTA procured environmental and design services for the PA/ED and PS&E phases and began preliminary design and environmental studies on June 20, 2017; and

D. WHEREAS, Cooperative Agreement N o. 16-1001335 terminated on June 29, 2018, according to Section I, Parties and Term, Article A of Cooperative Agreement No. 16- 1001335; and

E. WHEREAS, the CITY desires SBCTA to con tinue to lead the PROJECT and provide project management services for PA/ED, PS&E, ROW, and Construction phases, at the sole cost of CITY and pay 100% of actual SBCTA project management costs in accordance with SBCTA Policy 40005/VFI-35; and

F. WHEREAS, PROJECT costs, aside from SBCT A project management costs, for PA/ED, PS&E, ROW, and Construction phases, after reduction by application of buy-down funds, are allocated as 15.8% Development Share fund s and 84.2% Public Share funds, as defined by the Nexus Study and the SBCTA Measure I 2010-2014 Strategic Plan; and

G. WHEREAS, Project development activities for the PA/ED, PS&E, and ROW phases are continuing for the PROJECT; and

H. WHEREAS, PARTIES desire to enter into this AGREEMENT to continue the terms, conditions, and funding in Cooperative Agr eement 16-1001335, as amended, as referenced herein as ATTACHMENT B and ATTACHME NT C, for the PA/ED, PS&E, and ROW phases from the date of expiration of Cooperative Agreement No. 16-1001335, for continuity of the project delivery process; and

I. WHEREAS, expenditures have occurred against the funding ta ble shown in Attachment A of this AGREEMENT under Cooperative Agreement 16-1001335; and

J. WHEREAS, increases in PROJECT cost, s hown in Attachment A to Cooperative Agreement No. 16-1001335, are anticipated, a nd Attachment A of this AGREEMENT reflects the anticipated PROJECT cost increases; and

K. WHEREAS, PARTIES desire to include the Construction phase in this AGREEMENT to delineate roles, responsibilities, and funding commitments relative to the Construction Phase of PROJECT; and
NOW THEREFORE, in consideration of the terms a nd conditions set forth herein, the PARTIES agree to the following:

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III. SBCTA RESPONSIBILITIES
SBCTA agrees:

A. To be lead agency on Project Management, PA /ED, PS&E, ROW, and Construction Phases and to diligently undertake and complete the PA/ED, PS&E, ROW, and Construction work for the PROJECT, including the selection and re tention of consultants. Performance of services under these consultant contracts shall be subject to the technical direction of the SBCTA’s Director of Project Delivery and Toll Operations, or designee(s), with input and consultation from CITY.

B. To contribute towards PA/ED, PS&E, ROW, and Construction phases of the PROJECT cost as shown in Attachment A. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment A, and shou ld SBCTA’s total share of the PA/ED, PS&E, ROW, and Construction phases exceed the esti mates as shown in Attachment A, SBCTA agrees to amend the AGREEMENT in good faith.

C. To prepare and submit to CITY signed invoices for reimbursement of allowable PROJECT expenditures. Invoices may be submitted to CITY as frequently as monthly.

D. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (“GAAP”) to support S BCTA’s request for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of Project Management, PA/ED, PS&E, ROW, and Construction work elements and produce monthly reports which clearly identify reimbursable costs, matching f und costs, indirect cost allocation, and other allowable expenditures by SBCTA.

E. To prepare a final accounting of expenditures, including a final invoice for the actual Project Management, PA/ED, PS&E, ROW, and Constr uction phase costs. The final accounting and invoice shall be submitted no later than one hundred and twenty (120) calendar days following the completion of this AGREEMENT and shall be submitted to CITY. The invoice shall include a statement that these PR OJECT funds were used in conformance with this AGREEMENT and for those PROJECT-sp ecific Project Management, PA/ED, PS&E, ROW, and Construction work activities.

F. To cooperate in having a PROJECT-specific audit completed by CITY, at its option, upon completion of Project Management, PA/ED, PS&E, ROW, and Construction work.

The audit should justify and validate that all funds expended on the PROJECT were used in conformance with this AGREEMENT.

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G. To reimburse CITY for costs that are determ ined by subsequent audit to be unallowable within ninety (90) calendar days of SBCT A receiving notice of audit findings, which time shall include an opportunity fo r SBCTA to respond to and/or resolve the finding. Should the finding not be otherwise resolved and SB CTA fails to reimburse monies due CITY within ninety (90) calendar days of audit fi nding, or within such other period as may be agreed between both PARTIES hereto, the CITY ’s Council reserves the right to withhold future payments due SBCTA from any source under CITY’s control.

H. SBCTA’s Director of Project Delivery and Toll Operations is au thorized to act on behalf of SBCTA under this Section of the AGREEMENT.

I. To designate a responsible staff member that will be SBCTA’s representative in attending the Project Development Team (“PDT”) mee tings, receiving day-to-day communication, and providing Project Management services.

J. To complete review and provide comments on PROJECT documents in a timely manner that is consistent with the schedule.

K. To include CITY in PDT meetings and re lated communications on PROJECT progress as well as to provide CITY with copies of PDT meeting minutes and action items.

L. To provide CITY, with a reasonable amount of review time, an opportunity to review and comment on PA/ED, PS&E, ROW and Construction deliverables.

M. To provide all necessary ROW services to acquire rights-of-way for PROJECT through negotiated purchases of property, or if nece ssary, through Eminent Domain. If necessary, SBCTA will conduct Resolutions of Necessity hear ings and acquire property in the name of SBCTA for the purposes of construction of the PROJECT and convey such property, or portions thereof, to CITY. The interest conveyed to CITY shall be a permanent easement or other required instrument for public street and/or utility purposes.

N. To identify the utilities with in the PROJECT area and coordina te with utility companies to determine their location, and if necessary, their relocation.

IV. CITY RESPONSIBILITIES
CITY agrees:

A. To reimburse SBCTA for the CITY’s share of actual costs incurred towards the PA/ED, PS&E, ROW, and Construction phases of the PROJECT and for SBCTA’s Project Management as shown in Attachment A. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachme nt A, and should CITY’s total share for the

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Project Management, PA/ED, PS&E, ROW, an d Construction phase with SBCTA’s Project Management exceed the estimates as shown in Attachment A, CITY agrees to amend the AGREEMENT in good faith and contribute these additional costs.

B. When conducting an audit of the costs claimed under the pr ovisions of this AGREEMENT, to rely to the maximum extent possible on any prior audit of SBCTA performed pursuant to the provisions of State and Federal laws. In th e absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to CITY when planning on conducting additional audits.

C. To designate a responsible staff member that will be CITY’s representative in attending the PDT meetings, receiving day-to-day co mmunication and reviewing the PROJECT documents.

D. To complete review and provide comments on PROJECT documents within four (4) weeks of receiving the review request from SBCTA.

E. CITY’s Public Works Director is authorized to act on behalf of CITY under this Section of the AGREEMENT.

F. To accept all PROJECT acquired right-of-way located within CITY’s jurisdictional boundaries upon completion of construction. The City of San Bernardino City Council, by approval of this AGREEMENT, authorizes a nd directs the City Clerk to execute an acceptance, in substantial conformance with the form attached hereto as Attachment D and made a part of this AGREEMENT, within thirty (30) days of receipt of quit claim deeds for property acquired by SBCTA.

G. To provide permits, inspections, reviews, acceptance of the transfer of title of properties and oversight at no cost to SBCTA or to consu ltants and contractors contracted by SBCTA to work on the PROJECT.

H. To provide CITY-owned right-of-way necessary for project construction at no cost to the PROJECT.

I. To provide SBCTA copies of the franchise/u tility agreements for the utilities in the PROJECT area for the purpose of determining prior rights and estimating utility relocation costs.

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J. To assist SBCTA as requested and when necessary, exercise its rights under utility relocation law or under any franchise agreement to cause each utility to relocate or rearrange its utility facility.

L. WHEREAS, planned improveme nts include improving freeway access to I-215 and improving local traffic flow by reconstructing the existing ramp intersections at the interchange into a Diverging Diamond Interchange (DDI); and

M. WHEREAS, the CITY desires SBCTA to pr ovide project management services for PROJECT, the funding for which CITY shall be solely responsible, and to pay 100% of actual SBCTA project management costs in accordance with SBCTA Policy 40005/VFI-35; and
V. The PARTIES agree:

A. To abide by all applicable Federal, State and Local laws and regulations pertaining to the PROJECT, including policies in the appl icable program in the Measure I 2010-2040 Strategic Plan, as amended, as of the Effec tive Date of this AGREEMENT. In the event SBCTA determines Project Management, PA/E D, PS&E, ROW, and Construction work may exceed the amounts identified in Attachment A of this AGREEMENT, SBCTA shall inform CITY of this determination and thereaf ter the PARTIES shall work together in an attempt to agree upon an amendment to the amounts identified in this AGREEMENT. In no event, however, shall the PART IES be responsible for PROJ ECT costs in excess of the amounts identified in this AGREEMENT without a written amendment that is approved by the PARTIES.

B. Eligible PROJECT reimbursements shall incl ude only those costs incurred by SBCTA for PROJECT-specific work activities that are de scribed in this AGREEMENT and shall not include escalation or interest.

C. Neither SBCTA, nor any officer, director, employ ee or agent thereof, is responsible for any injury, damage or liability occurring or arisin g by reason of anything done or omitted to be done by CITY under or in connection with any wo rk, authority or jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SBCTA, its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or ju risdiction delegated to CITY under this AGREEMENT.

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D. Neither CITY, nor any officer, director, employ ee or agent thereof, is responsible for any injury, damage or liability occurring or arisin g by reason of anything done or omitted to be done by SBCTA and under or in connection w ith any work, authority or jurisdiction delegated to SBCTA under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless CITY, its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought fo r or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this AGREEMENT.

E. This AGREEMENT will be considered termin ated upon completion of PROJECT closeout and reimbursement of eligible costs by CITY. Notwithstanding any ot her provision herein, to the extent consistent with the terms a nd obligations hereof, any PARTY may terminate this AGREEMENT at any time, with or without cause, by giving thirty (30) calendar days written notice to the other PARTY. In the event of a termination, the PARTY terminating this AGREEMENT shall be liable for any costs or other obligations it may have incurred under the terms of the AGREEMENT prior to termination.

F. The Recitals to this AGREEMENT are true a nd correct and are incorporated into this AGREEMENT.

G. All signatories hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said PARTY and that by execu ting this AGREEMENT, the PARTIES hereto are formally bound to this AGREEMENT.

H. This AGREEMENT shall be governed by and cons trued in accordance with the laws of the State of California. All PARTIES agree to foll ow all applicable local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT.

I. The PARTIES agree that each PARTY and any authorized representative, designated in writing to the PARTIES, and upon reasonable notice, shall ha ve the right during normal business hours to examine all PARTIES’ financ ial books and records w ith respect to this AGREEMENT. The PARTIES agree to retain th eir books and records fo r a period of five (5) years from the later of: a) the date on which this AGREEMENT terminates; or b) the date on which such book or record was created.

J. If any clause or provision of this AGREEMEN T is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the PARTIES that the remainder of this AGREEMENT shall not be affected but shall remain in full force and effect.

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K. This AGREEMENT cannot be amended or modi fied in any way except in writing, signed by all PARTIES hereto.

L. Neither this AGREEMENT, nor any of the PARTIES’ rights, obligations, duties, or authority hereunder, may be assigned in whole or in part by either PARTY without the prior written consent of the other PARTY in its so le, and absolute, discretion. Any such attempt of assignment shall be deemed void and of no force and effect.

M. No waiver of any default shall constitute a wa iver of any other default whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a PARTY shall give the othe r PARTY any contractual rights by custom, estoppel, or otherwise.

N. In the event of litigation arising from this AGREEMENT, each PARTY to this AGREEMENT shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees provided for in paragraphs C and D of this Section.

O. This AGREEMENT may be signed in counterparts, each of which shall constitute an original. This AGREEMENT is eff ective June 30, 2018, following execution by both PARTIES.

P. Any notice required, authorized or permitte d to be given hereunder or any other communications between the PARTIES provided for under the terms of this AGREEMENT shall be in writing, unless otherwise provided for herein, and shall be served personally or by reputable courier addressed to the relevant party at the address/fax number stated below:

If to SBCTA: Paula Beauchamp
Director of Project Deli very and Toll Operations
1170 W. 3 rd Street, Floor 2
San Bernardino, CA 92410

If to CITY: Alex Qishta
Acting Director of Publ ic Works/City Engineer
201 North E Street
San Bernardino, CA 92401

Q. There are no third party beneficiaries, and this AGREEMENT is not intended, and shall not be construed to be for the benefit of, or be enforceable by, any other person or entity whatsoever.
----------SIGNATURES ON THE FOLLOWING PAGE----------

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IN WITNESS WHEREOF, the PARTIES ha ve duly executed this AGREEMENT below.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

By: _____________________________
Darcy McNaboe
Board President

Date: _____________________________

APPROVED AS TO FORM:

By: _____________________________
Julianna K. Tillquist
General Counsel

CONCURRENCE

By: _____________________________
Jeffery Hill
Procurement Manager

CITY OF SAN BERNARDINO

By: _____________________________
Teri Ledoux
Acting City Manager

Date: _____________________________

APPROVED AS TO FORM:

By: _____________________________
Gary D. Saenz
City Attorney

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Attachment A
Project Scope:

Improve traffic operations at the I-215 University Parkway In terchange by improving freeway access to I-215 and improving local traffic flow on University Parkway. An alternative being evaluated is to reconstruct the existing ramp intersections at the interchange into a Diverging Diamond Interchange (DDI) configuration.

Project Cost Estimate and Funding Shares:

Project costs that are not federally reimbursabl e will be split according to the Nexus Study with the Public Share at 84.2% and the Development Share/ Local Share at 15.8%

Phase Estimated
Cost
Buy-Down
Funds Public Share Development
Share*
Project Approval and
Environmental Document
(PA/ED)
$1,062,176 $939,716 $103,111 $19,349
Design (PS&E) $803,856 $703,855 $84,201 $15,800
Right of Way (ROW) $712,300 $475,900 $199,049 $37,351
Construction $12,179,584 $3,615,529 $7,210,934 $1,353,121 SANBAG Oversight $570,000 $0 $0 $570,000
TOTAL $15,327,916 $5,735,000 $7,597,295 $1,995,621
* $147,327.95 of Development Share expended as of June 29, 2018. Remaining Development Share and receivable amount under this AGREEMENT is $1,848,293.05 Project Milestones:

Milestone Actual / (Forecast)
Start of Project Approval and Environmental Document (PA/ED) 6/2017 Environmental Approval (9/2019)
Design Approved and ROW Certified (11/2020)
Construction Notice to Proceed (6/2021)
Construction Complete (5/2022)

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Attachment B

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Attachment C

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Attachment D

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CERTIFICATE OF ACCEPTANCE

This is to certify that the in terests in real proper ty conveyed by the Quit Claim Deed to which this Certificate of Acceptance is attached from San Bern ardino County Transportation Authority (SBCTA) to the City of San Bernardino, a municipal corporation, is hereby accepted by the order of the City Council of the City of Sa n Bernardino on ___________ and the City of San Bernardino consents to recordation thereof by its duly authorized agent.

THE CITY OF SAN BERNARDINO, a municipal corporation

B y :

City Clerk

Dated: _____________

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Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works

Subject: Adopt Ordinance MC-1574A, Amending Ordinance MC-1522, and Levying Special Taxes - CFD 2019 - 1 Annex

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance MC -1574A, amending Ordinance MC -1522, and levying special taxes to be collected during Fiscal Year 2022/23 to pay annual costs for maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund fo r capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Discussion
On March 16, 2022, Ordinance MC -1574A was introduced for first reading to the Mayor and City Council. The Ordinance was originally numbered MC -1574, but was renumbered to avoid a duplication issue. The Ordinance is now being returned to the Mayor and City Council for adoption. The Ordinance will become effective 30 days from the date of adoption.

2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved Ope rational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District has been absorbed by the property 35 Packet Pg. 983
8839

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owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance MC -1574A, amending Ordinance MC -1522, and levying special taxes to be collected during Fiscal Year 2022/23 to pay annual costs for maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Attachments
Attachment 1 Ordinance MC-1574A (Ordinance Levying Special Taxes) Attachment 2 Exhibit A - Description of Services
Attachment 3 Exhibit B - Description of Territory
Attachment 4 Project Location Map

Ward: 3

Synopsis of Previous Council Actions:

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

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

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

February 2, 2022 Mayor and City Council adopted Resolution No. 2022 -22, a Resolution of Intention to annex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the 35 Packet Pg. 984
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City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mell o-Roos Community Facilities Act of 1982.”

March 16, 2022 Mayor and City Council adopted Resolution No. 2022 -57 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Communit y Facilities District No. 2019 -1 (Annexation No. 13) and adopted Resolution No. 2022 -58 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 13); and introduced Ordinance No. MC-1574A amending Ordinance No. MC-1522.
35 Packet Pg. 985
Ordinance MC-1574A
1 ORDINANCE MC-1574A

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE MC -1522 AND LEVYING

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 202 2/2023 TO PAY ANNUAL COSTS FOR

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)

WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities Distric t and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and

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

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

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

SECTION 4. Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2022.

John Valdivia, Mayor
City of San Bernardino

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3 Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance MC-1574A, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of March, 2022. Ordinance No. MC- was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote:

WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2022.

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

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EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of April 6, 2022)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
and 0261-062-11 thru -14
2 GWS #4 Development, LLC 0141-431-24
3 Devore Stora ge Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC 0261-181-16, -17
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Ca jon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-052-46,
0137-051-27 (Por.), 0274-011-11,
-12, -34, -35, -42, -43
12 To Be Determine d
13 Ma gic Laundry Services, Inc. 0141-282-05 and -06

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

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Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 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 2019-1, Annexation No. 15 (Ward 1)

Recommendation
Adopt Resolution No. 2022 -83 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, and rescinding Resolution No. 2022-51.

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

On March 2, 2022, the Mayor and City Council adopted Resolution No. 2022 -51, a Resolution of Intention to annex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello -Roos Community Facilities Act of 1982”. This annexation was originally scheduled for a public hearing on April 6, 2022; however, due to a noticing issue, the annexation process must be restarted.

Discussion
On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019 -178, establishing CFD No. 2019 -1 pursuant to the provisions o f 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 upon the City.

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Mayor and City CouncilMay 4, 2022

Mayor and City Council
May 4, 2022