Agenda packet, regular meeting — Mayor and City Council, May 18, 2022 (part 2 of 4)

Public Hearing
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2022-94 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 16); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2022-95 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 16); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1580 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 2022-2023 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 respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No. MC-1580 for June 1, 2022.
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Background
On April 6, 2022, the Mayor and City Council adopted Resolution No. 2022-70, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for May 18, 2022, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on April 12, 2022, at 10:33 a.m. in Book 90 Page 15, Document No. 2022-0135963 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.

The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 5.98 gross acres of a vacant residential lot within the City, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and

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

3. Maintenance of parks; and

4. Graffiti abatement; and

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

The proposed area to be annexed into the CFD will be included in Tax Zone 17 and is northeast of I-215 at the northeast intersection of Chestnut Avenue and Belmont Avenue, as shown in Attachment #13 (Project Map).

The maximum annual special tax for this development has been calculated to be $646 per unit for FY 2022/23. The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the MelloRoos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello7 Packet Pg. 339
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Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis, and arguments, and waiving all notice requirements relating to the conduct of the election.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below:
• Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1, including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted April 6, 2022. • Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for June 1, 2022.

Discussion
The Resolution of Intention called for a public hearing to be held on May 18, 2022, on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.

Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2022-94, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022-95 declaring the results of the election.
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2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $10,341 to be used to pay for maintenance costs within the development.

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

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

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

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

1. Hold a Public Hearing; and

3. Hold a special landowner election and canvass the election; and

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during Fiscal Year 2022-2023 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 respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No. MC-1580 for June 1, 2022.

Attachments
Attachment 1 - Resolution No. 2022-94 Calling Election
Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Resolution No. 2022-95 Declaring Election Results Attachment 6 - Exhibit A Certificate of Election Results Attachment 7 - Ordinance MC-1580 Levying taxes
Attachment 8 - Exhibit A Description of Services
Attachment 9 - Exhibit B Parcel List
Attachment 10 - Petition
Attachment 11 - Proof of Publication Notice of Public Hearing Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Ward: 5
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “MelloRoos Community Facilities Act of 1982.” July 17, 2019 Resolution No. 2019-178 was adopted establishing Community 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.
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April 6, 2022 Mayor and City Council adopted Resolution No. 2022-70, 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”. 7 Packet Pg. 343
Resolution No. 2022-94
Resolution 2022-94
May 18, 2022

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RESOLUTION NO. 2022-94

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CALLING AN ELECTION TO SUBMIT TO THE

QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
16)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special tax within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and
WHEREAS, the Mayor and City Council set a public hearing for July 17, 2019, after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and
WHEREAS, on July 17, 2019, the Mayor and City Council adopted Resolution No. 2019- 179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the Mayor and City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and
WHEREAS, the Mayor and City Council on April 6, 2022, duly adopted Resolution No. 2022-70 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for May 18, 2022; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 16 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on April 12, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 15, in the office of the San Bernardino County Recorder; and

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Packet Pg. 344 Attachment: Attachment 1 - Resolution No. 2022-94 Calling an Election - Annexation No. 16 to Community Facilities District 2019-1 (8932 :

Resolution No. 2022-94
Resolution 2022-94
May 18, 2022

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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the Mayor and City Council on May 18, 2022, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the May 18, 2022, meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the Mayor and City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the Mayor and City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Clerk has concurred in the election date set forth herein.

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

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

SECTION 2. Conformation of Finding in Resolution of Intention. The Mayor and City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

SECTION 3. Findings Regarding Protests. The Mayor and City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and

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Resolution No. 2022-94
Resolution 2022-94
May 18, 2022

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the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the Mayor and City Council hereby further orders and determines that all such protests are hereby overruled.

SECTION 4. Findings Regarding Prior Proceedings. The Mayor and City Council finds and determines that all prior proceedings had and taken by the Mayor and City Council with respect to the annexation of territory to CFD No. 2019-1 are valid and in conformity with the requirements of the Act.

SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto.

SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.

SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92401, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the Mayor and City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1.

SECTION 9. Special Election; Voting Procedures. The Mayor and City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on May 18, 2022, and shall be conducted as follows:
(a) Qualified Electors. The Mayor and City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on April 15, 2022, (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have

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Packet Pg. 346 Attachment: Attachment 1 - Resolution No. 2022-94 Calling an Election - Annexation No. 16 to Community Facilities District 2019-1 (8932 :

Resolution No. 2022-94
Resolution 2022-94
May 18, 2022

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one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The Mayor and City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The Mayor and City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on May 18, 2022. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on May 18, 2022, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(f) Declaration of Results. The Mayor and City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

SECTION 10. Filing of Resolution and Map with City Clerk. The Mayor and City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office.

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

SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

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Packet Pg. 347 Attachment: Attachment 1 - Resolution No. 2022-94 Calling an Election - Annexation No. 16 to Community Facilities District 2019-1 (8932 :

Resolution No. 2022-94
Resolution 2022-94
May 18, 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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Packet Pg. 348 Attachment: Attachment 1 - Resolution No. 2022-94 Calling an Election - Annexation No. 16 to Community Facilities District 2019-1 (8932 :

Resolution No. 2022-94
Resolution 2022-94
May 18, 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. 2022-94, adopted at a regular meeting held on 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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Packet Pg. 349 Attachment: Attachment 1 - Resolution No. 2022-94 Calling an Election - Annexation No. 16 to Community Facilities District 2019-1 (8932 :

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

APN Owner Name
0261-712-01 RCH-CWI Belmont, LP
0261-712-02 RCH-CWI Belmont, LP
0261-712-03 RCH-CWI Belmont, LP
0261-712-04 RCH-CWI Belmont, LP
0261-712-05 RCH-CWI Belmont, LP
0261-712-06 RCH-CWI Belmont, LP
0261-712-07 RCH-CWI Belmont, LP
0261-712-08 RCH-CWI Belmont, LP
0261-712-09 RCH-CWI Belmont, LP
0261-712-10 RCH-CWI Belmont, LP
0261-712-11 RCH-CWI Belmont, LP
0261-712-12 RCH-CWI Belmont, LP
0261-712-13 RCH-CWI Belmont, LP
0261-712-14 RCH-CWI Belmont, LP
0261-712-15 RCH-CWI Belmont, LP
0261-712-16 RCH-CWI Belmont, LP

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Packet Pg. 350 Attachment: Attachment 2 - Exhibit A Description of Territory (8932 : Public Hearing on Annexation No. 16 to Community Facilities District

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

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

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

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

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Packet Pg. 351 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities City of San Bernardino 2
Community Facilities District No. 2019‐1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 etseq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.

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Packet Pg. 352 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities City of San Bernardino 3
Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.
“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi‐Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

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Packet Pg. 353 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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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Packet Pg. 354 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities City of San Bernardino 5
Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

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

TABLE 1

MAXIMUM SPECIAL TAX A RATES

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

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Packet Pg. 355 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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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Packet Pg. 356 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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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Packet Pg. 357 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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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Packet Pg. 358 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

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

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

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

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

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

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

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Packet Pg. 359 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities City of San Bernardino 10
Community Facilities District No. 2019‐1 (Maintenance Services)

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

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Packet Pg. 360 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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 17
TR 20145
Item Description Estimated Cost
1 Lighting $200
2 Streets $6,993
3 Parks $2,080
4 Graffiti $88
5 Reserves $43
6 Admin $936
Total $10,341
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 17
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
Single‐Family Residential RU $646 $0
Multi‐Family Residential RU $646 $0
Non‐Residential Property Acre $2,060 $0
TAX ZONE 17
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $2,060 $0

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Packet Pg. 361 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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

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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Packet Pg. 362 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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, asthe boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019‐1 before CFD No. 2019‐1 was created.

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Packet Pg. 363 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities City of San Bernardino 14
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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Packet Pg. 364 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities

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Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on

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Packet Pg. 366
Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on

EXHIBIT C

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 16
(May 18, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
RCH-CWI Belmont, LP 5.98 6
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 May 4, 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 May 18, 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 May 18, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

7.d
Packet Pg. 367 Attachment: Attachment 4 - Exhibit C Special Election Ballot (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019- TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

RCH-CWI Belmont, LP
Attn: Roger Hobbs
1428 E. Chapman Ave.

Orange, CA 92866
0261-712-01, 0261-712-02, 0261-712-03,
0261-712-04, 0261-712-05, 0261-712-06,
0261-712-07, 0261-712-08, 0261-712-09,
0261-712-10, 0261-712-11, 0261-712-12,
0261-712-13, 0261-712-14, 0261-712-15,
0261-712-16

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 April 6, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 16 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__.

RCH-CWI Belmont, LP
By: Roger Hobbs

Signature
Print Name
Title

7.d
Packet Pg. 368 Attachment: Attachment 4 - Exhibit C Special Election Ballot (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019- Resolution No. 2022-95
Resolution 2022-95
May 18, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-95

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 16)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a resolution calling a special election for May 18, 2022, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated May 18, 2022, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election.

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

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

SECTION 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019- 1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code.

SECTION 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said

7.e
Packet Pg. 369 Attachment: Attachment 5 - Resolution No. 2022-95 Declaring Election Results on Annexation No. 16 to Community Facilities District 2019-1 Resolution No. 2022-95
Resolution 2022-95
May 18, 2022

Page 2 of 3 ends

Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2022-70 adopted by the Mayor and City Council on April 6, 2022. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 16 Community Facilities District No. 2019- 1 (Maintenance Services)" a copy of which was recorded, on April 12, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 15, in the office of the San Bernardino County Recorder.

SECTION 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory.

SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

7.e
Packet Pg. 370 Attachment: Attachment 5 - Resolution No. 2022-95 Declaring Election Results on Annexation No. 16 to Community Facilities District 2019-1 Resolution No. 2022-95
Resolution 2022-95
May 18, 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. 2022-95, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

7.e
Packet Pg. 371 Attachment: Attachment 5 - Resolution No. 2022-95 Declaring Election Results on Annexation No. 16 to Community Facilities District 2019-1

EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 16

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated April 15, 2022, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
RCH-CWI Belmont, LP 6 6
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 ____________, 2022.

Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:

(Attach completed copies of Waiver/Consent and Ballot)

7.f
Packet Pg. 372 Attachment: Attachment 6 - Exhibit A Certificate of Election Results (8932 : Public Hearing on Annexation No. 16 to Community Facilities Ordinance MC-1580
ORDINANCE NO. MC-1580

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 2022-2023 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 RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the Mayor and 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 May 18, 2022, at the time and place specified in said published and mailed notice, the Mayor and 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 Mayor and City Council adopted resolutions entitled "Resolution of the Mayor and City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election

7.g
Packet Pg. 373 Attachment: Attachment 7 - Ordinance MC-1580 Levying Special taxes (8932 : Public Hearing on Annexation No. 16 to Community Facilities Ordinance MC-1580
within the District on 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 Mayor and City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof.

SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 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 collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

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

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

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

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

John Valdivia, Mayor
City of San Bernardino

7.g
Packet Pg. 374 Attachment: Attachment 7 - Ordinance MC-1580 Levying Special taxes (8932 : Public Hearing on Annexation No. 16 to Community Facilities Ordinance MC
-1580
Attest:

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

Sonia Carvalho, City Attorney

7.g
Packet Pg. 375 Attachment: Attachment 7 - Ordinance MC-1580 Levying Special taxes (8932 : Public Hearing on Annexation No. 16 to Community Facilities Ordinance MC-1580

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-1580, introduced by the Mayor and City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2022. Ordinance No.

MC-____ was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

7.g
Packet Pg. 376 Attachment: Attachment 7 - Ordinance MC-1580 Levying Special taxes (8932 : Public Hearing on Annexation No. 16 to Community Facilities

EXHIBIT A

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

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

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

7.h
Packet Pg. 377 Attachment: Attachment 8 - Exhibit A Description of Services (8932 : Public Hearing on Annexation No. 16 to Community Facilities District

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of May 18, 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 Storage 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 Cajon 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
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 To Be Determined
15 To Be Determined
16 RCH-CWI Belmont, LP 0261-712-01 thru -16

7.i
Packet Pg. 378 Attachment: Attachment 9 - Exhibit B Parcel List (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5))

7.j
Packet Pg. 379 Attachment: Attachment 10 - Petition (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5))

7.j
Packet Pg. 380 Attachment: Attachment 10 - Petition (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5)) INSERT EXHIBIT A: BOUNDARY DESCRIPTION

7.j
Packet Pg. 381 Attachment: Attachment 10 - Petition (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5))

LEGAL DESCRIPTION
Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows:

LOTS 1 THROUGH 16 OF TRACT MAP NO. 20145, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 359, PAGES 97 THROUGH 99, INCLUSIVE, OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM ALL MINERALS, COAL, CARBONS, HYDROCARBONS, OIL, GAS, CHEMICAL

ELEMENTS AND COMPOUNDS WHETHER IN SOLID, LIQUID, OR GASEOUS FORM, AND ALL STEAM AND

OTHER FORMS OF THERMAL ENERGY ON, IN, OR UNDER THE ABOVE DESCRIBED LAND PROVIDED

THAT THE GRANTOR DOES NOT RESERVE THE RIGHT TO USE THE SUBJECT PROPERTY OR EXTRACT MINERALS OR OTHER SUBSTANCES FROM THE SUBJECT PROPERTY ABOVE A DEPTH OF 500 FEET, NOR

DOES THE GRANTOR RESERVE THE RIGHT TO USE THE SURFACE AS RESERVED BY CORPORATION OF

THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A CORPORATION IN A CORPORATION GRANT DEED RECORDED MARCH 21, 2019 AS INSTRUMENT NO. 2019-0088134 OF OFFICIAL RECORDS.

APN: 0261-712-01-0-000 through 0261-712-16-0-000

7.j
Packet Pg. 382 Attachment: Attachment 10 - Petition (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5)) INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP

7.j
Packet Pg. 383 Attachment: Attachment 10 - Petition (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5))

7.j
Packet Pg. 384
Attachment: Attachment 10 - Petition (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5)) This space for filing stamp only
OR#:

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

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

Ad Description:

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

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

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3581013

PERLA LOPEZ

CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.

SAN BERNARDINO, CA - 92401

HRGSB - NOTICE OF HEARING-SB

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX

TERRITORY
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
05/04/2022
05/04/2022

SAN BERNARDINO
!A000006011307! Email

NOTICE OF PUBLIC HEARING

ON INTENTION TO ANNEX

TERRITORY TO AN EXISTING

COMMUNITY FACILITIES
DISTRICT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO. 16)
NOTICE IS HEREBY GIVEN that
the City Council of the City of San
Bernardino on April 6, 2022 adopted
its Resolution No. 2022-70, 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, May 18, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City
Council will conduct a public
hearing on the annexation of
territory to CFD No. 2019-1. At the
hearing, the testimony of all interest
persons for or against the
annexation of the territory or the
levying of the special taxes will be
heard. If and to the extent
participation in the May 18, 2022
meeting must occur by
teleconference, videoconference, or
other electronic means authorized
by the Ralph M. Brown Act or an
Executive Order of the Governor of
California, the means and methods
for participating the meeting shall
be posted on the Agenda for said
meeting, which shall be posted at
least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the
Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San
Bernardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-
384-5002. DATED: April 22, 2022 Genoveva
Rocha, CMC

7.k
Packet Pg. 385 Attachment: Attachment 11 - Proof of Publication Notice of Public Hearing (8932 : Public Hearing on Annexation No. 16 to Community Facilities City Clerk of the City of San Bernardino
5/4/22
SBS-3581013#

7.k
Packet Pg. 386 Attachment: Attachment 11 - Proof of Publication Notice of Public Hearing (8932 : Public Hearing on Annexation No. 16 to Community Facilities Public Hearing
CFD No. 2019-1 Annexation No. 16:

TR 20145 (RCH-CWI Belmont LP)
Presented by Alex Qishta Interim Director of Public Works/City Engineer

7.l
Packet Pg. 387 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Public Hearing on CFD 2019-1 Annexation No. 16
Recommended Action

1. CITY COUNCIL INITIATE ANNEXATION OF TERRITORY TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ("CFD NO. 2019-1" OR "CFD") BY TAKING THE FOLLOWING ACTIONS:

A. HOLD PUBLIC HEARING,
B. ADOPT A RESOLUTION CALLING THE ELECTION,
C. HOLD A SPECIAL LANDOWNER ELECTION AND CANVASS THE ELECTION, D. ADOPT A RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION; AND

2. UPON APPROVAL OF THE PRECEDING RESOLUTIONS, INTRODUCE AN ORDINANCE AMENDING ORDINANCE NO. MC1522 AND LEVYING AND APPORTIONING THE SPECIAL TAX IN CFD NO. 2019-1 (AS IT NOW EXISTS AND WILL EXIST IN THE FUTURE); AND

3. SCHEDULE THE FINAL READING AND ADOPTION OF THE AMENDED ORDINANCE FOR JUNE 1, 2022.

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Packet Pg. 388 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Public Hearing on CFD 2019-1 Annexation No. 16
Discussion
• The Property Owner, RCH-CWI Belmont, LP, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements. • The area proposed within Annexation No. 16 includes sixteen parcels APNs 0261-712-01 thru -16.
• On April 6, 2022 the City Council adopted Resolution No. 2022-70, a Resolution of Intention to annex these properties into CFD No. 2019- 1 and hold a Public Hearing on May 18, 2022. The property owner consented to waiving certain time restriction and conduct the election the same night.

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Packet Pg. 389 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Public Hearing on CFD 2019-1 Annexation No. 16
Discussion (Cont.)
• The proposed maximum annual tax of $646 per unit will be included in CFD No. 2019-1 as Tax Zone 17.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

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Packet Pg. 390 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Public Hearing on CFD 2019-1 Annexation No. 16
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

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Packet Pg. 391 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Project Location

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Packet Pg. 392 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Public Hearing on CFD 2019-1 Annexation No. 16
Fiscal Impact
• It is anticipated that at build-out the total Special Tax revenues to pay for maintenance costs will be approximately $10,341. All costs associated with the annexation is borne by the Developer.

There is no fiscal impact to the City’s General Fund.

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Packet Pg. 393 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Questions?

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Packet Pg. 394 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 17

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Attachment: Attachment 13 - Project Map (8932 : Public Hearing on Annexation No. 16 to Community

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Public Hearing
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2022-96 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), annexing territory to Community Facilities District No. 2018-1 (Safety Services), and calling elections therein; and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2022-97 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying the results of the May 18, 2022, annexation and special tax election.

Background
On April 6, 2022, the Mayor and City Council adopted Resolution No. 2022-72, a Resolution of Intention to annex territory into Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for May 18, 2022, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on April 12, 2022, at 10:33 a.m. in Book 90 Page 13, Document No. 2022-0135961 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.

The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 5.98 gross acres of vacant 8 Packet Pg. 396
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residential property within the City, to include 16 detached single family residences upon buildout, requesting that the City assist them in annexing their properties into CFD No. 2018-1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2018-1 to levy a special tax to cover the costs associated with financing public safety costs. The public services to be financed within the territory to be annexed to the District are the following:

1. Police protection services (including but not limited to criminal justice services) and paramedic services; and

2. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and operating reserves.

The proposed total maximum tax rate is $385 per residential unit for FY 2022/23. The maximum annual tax rate is proposed to escalate each year after July 1, 2024, by four percent (4.0%). The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.

In order to annex property to CFD No. 2018-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt three statutorily required Resolutions are summarized below:
• Resolution declaring City intent to annex territory to Community Facilities District No. 2018-1, including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted April 6, 2022. • 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.

Discussion
The Resolution of Intention called for a public hearing to be held on May 18, 2022, on the issue of the annexation of territory into CFD No. 2018-1. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the 8 Packet Pg. 397
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proposed boundaries of the CFD file written protests against the establishment of the CFD, the Mayor and City Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.

Adoption of Resolution No. 2018-264 on September 19, 2018, established CFD 2018-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2022-96, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022-97 declaring the results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact to the General Fund at this time. The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $6,160 to be used to pay for safety services. The Maximum Special Tax rate is proposed to escalate each year after July 1, 2024, by four percent (4.0%).

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

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

1. Hold a Public Hearing; and

3. Hold a special landowner election and canvass the election; and 8 Packet Pg. 398
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Attachments
Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy Attachment 2 - Exhibit A - Ballot
Attachment 3 - Resolution No. 2022-97 Declaring Election Results Attachment 4 - Exhibit A - Ballot
Attachment 5 - Exhibit B - Certificate of Election Results Attachment 6 - Registrar of Voters Certificate
Attachment 7 - Proof of Publication
Attachment 8 - PowerPoint
Attachment 9 - Project Map
Ward: 5
Synopsis of Previous Council Actions:

August 15, 2018 Mayor and City Council adopted Resolution No. 2018-239, a Resolution of Intention to form Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.

September 19, 2018 Resolution No. 2018-264 was adopted establishing Community Facilities District No. 2018-1; Resolution No. 2018-265 was adopted declaring election results for
Community Facilities District No. 2018-1; and first reading of Ordinance No. MC-1506 levying special taxes to be
collected during FY 2019-20 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1.

October 3, 2018 Final reading of Ordinance No. MC-1506 levying special taxes to be collected during FY 2019-20 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1.

April 6, 2022 Mayor and City Council adopted Resolution No. 2022-72, a Resolution of Intention to annex territory into Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.
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Resolution No. 2022- 96
RESOLUTION NO. 2022-96

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ACTING AS THE LEGISLATIVE BODY OF THE CITY OF

SAN BERNARDINO COMMUNITY FACILITIES
DISTRICT NO. 2018-1 (SAFETY SERVICES), ANNEXING

TERRITORY TO COMMUNITY FACILITIES DISTRICT
NO. 2018-1 (SAFETY SERVICES), AND CALLING

ELECTIONS THEREIN
WHEREAS, on August 15, 2018, the Mayor and City Council (the “City Council”) of the City of San Bernardino adopted Resolution No. 2018-239, declaring its intention to establish Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) (“Community Facilities District No. 2018-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, after a duly noticed public hearing, the Mayor and City Council adopted Resolution No. 2018-264 (the “Resolution of Formation”) establishing Community Facilities District No. 2018-1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment “D” attached to the Resolution No. 2018-239 (the “Original Rate and Method”), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2018-1; and WHEREAS, pursuant to a petition signed by RCH-CWI Belmont, LP (the “Owner”), on April 6, 2022, the Mayor and City Council adopted Resolution No. 2022-72 (the “Resolution of Intention”), stating its intention to annex the territory described in Attachment “A” to the Resolution of Intention (the “Annexation Territory”) to the District; and WHEREAS, a notice of a public hearing to be held on May 18, 2022, was published and mailed to all landowners of the land proposed to be included within the Annexation Territory as required by law relative to the intention of the Mayor and City Council to annex the Annexation Territory to the District and to levy a special tax in accordance with the Rate and Method (as defined below); and
WHEREAS, on May 18, 2022, this Mayor and City Council held a noticed public hearing as required by law relative to the proposed annexation of the Annexation Territory, the levy of special taxes therein in accordance with the attached as Attachment “C” to the Resolution of Intention (the “Rate and Method”), which Rate and Method is identical to the Original Rate and Method in all respects except that Appendix A thereto has been updated in accordance with the terms of the Original Rate and Method to reflect the annexation described herein; and WHEREAS, at the May 18, 2022, public hearing all persons desiring to be heard on all matters pertaining to the proposed annexation of the Annexation Territory to the District and the levy of the special taxes within the Annexation Territory in accordance with the Rate and Method were heard and a full and fair hearing was held; and

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Packet Pg. 400 Attachment: Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy (8933 : Public Hearing on Annexation No. 4 to Resolution No. 2022- 96
WHEREAS, at the public hearing, evidence was presented to the Mayor and City Council on the matters before it, and the proposed annexation of the Annexation Territory to the District and the levy of special taxes within the Annexation Territory in accordance with the Rate and Method was not precluded by a majority protest of the type described in Section 53339.6 of the Act, and this Mayor and City Council at the conclusion of the hearing is fully advised as to all matters relating to the annexation of the Annexation Territory and the levy of the special taxes in accordance with the Rate and Method; and
WHEREAS, the Mayor and City Council has determined that there have been fewer than twelve registered voters residing in the Annexation Territory for the period of 90 days prior to March 3, 2021, and that the qualified electors in Annexation Territory are the landowners therein; and
WHEREAS, on the basis of all of the foregoing, the Mayor and City Council has determined at this time to proceed with the annexation of the Annexation Territory to the District and to call an election within the Annexation Territory to authorize the levy of special taxes pursuant to the Rate and Method.

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

SECTION 1. Each of the above recitals is true and correct.

SECTION 2. The Mayor and City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District and the proposed annexation of the Annexation Territory to the District were valid and in conformity with the requirements of law, including the Act.

SECTION 3. The map showing the original boundaries of the District designated as “Map of Proposed Boundaries of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services),” which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the County of San Bernardino in Book No. 87 Page No. 96, on August 16, 2018 as Instrument No. 2018-0300849.

The map showing the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the County of San Bernardino in Book No. 90 Page No. 13, on April 12, 2022, as Instrument No. 2022-0135961.

SECTION 4. The Mayor and City Council hereby adopts the Rate and Method attached as Attachment “C” to the Resolution of Intention as the applicable rate and method for the Annexation Territory. Except where funds are otherwise available, it is the intention of the Mayor and City Council, subject to the approval of the eligible voters within the Annexation Territory, to levy the proposed special taxes at the rates within the Annexation Territory set forth

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Packet Pg. 401 Attachment: Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy (8933 : Public Hearing on Annexation No. 4 to Resolution No. 2022- 96
in the Rate and Method on all non-exempt property within the Annexation Territory sufficient to pay for (i) the Services (as defined in the Rate and Method), (ii) fund an operating reserve for the costs of Services as determined by the City, and (v) Administrative Expenses (as defined in the Rate and Method). The District expects to incur, and in certain cases has already incurred, Administrative Expenses in connection with the annexation of the Annexation Territory to the District. The rate and method of apportionment of the special tax applicable to the Annexation Territory is described in detail in Attachment “C” to the Resolution of Intention which is incorporated herein by this reference, and the Mayor and City Council hereby finds that Attachment “C” to the Resolution of Intention contains sufficient detail to allow each landowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel. The special tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property.

SECTION 5. The City’s City Manager will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. The special tax may be levied for such period as the Services are needed, as further described in Attachment “B” to the Resolution of Intention.

SECTION 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Annexation Territory and this lien shall continue in force and effect until the levy of the special tax by the District ceases in accordance with the Rate and Method.

SECTION 7. Consistent with Section 53325.6 of the Act, the Mayor and City Council finds and determines that the land within the Annexation Territory, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within the Annexation Territory and will be benefited by the Services proposed to be provided within Community Facilities District No. 2018-1 and the Annexation Territory.

SECTION 8. It is hereby further determined that there is no ad valorem property tax currently being levied on property within the Annexation Territory for the exclusive purpose of paying for the same services as are proposed to be provided by Community Facilities District No. 2018-1.

SECTION 9. Written protests against the annexation of the Annexation Territory to the District and the levy of the special tax therein have not been filed by one-half or more of the registered voters within the boundaries of the Annexation Territory to the District or by the property owners of one-half or more of the area of land within the boundaries of the Annexation Territory. The Mayor and City Council hereby finds that the proposed special tax for the Annexation Territory has not been precluded by a majority protest pursuant to Section 53324 of the Act.

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Packet Pg. 402 Attachment: Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy (8933 : Public Hearing on Annexation No. 4 to Resolution No. 2022- 96
SECTION 10. An election is hereby called for the Annexation Territory on the propositions of annexation to the District and the levying the special tax on the property within such Annexation Territory, pursuant to Section 53339.7 of the Act. The propositions to be placed on the ballot for the Annexation Territory are attached hereto as Attachment “A.” SECTION 11. The date of the foregoing elections for each Proposed Annexation Territory shall be May 18, 2022, or such later date as is consented to by the City Clerk and the landowners within the Annexation Territory. The City Clerk shall conduct the elections. Except as otherwise provided by the Act, the elections shall be conducted by personally delivered or mailed ballot and, except as otherwise provided by the Act, the elections shall be conducted in accordance with the provisions of law regulating elections of the City insofar as such provisions are determined by the City Clerk to be applicable.

SECTION 12. It is hereby found that there are not more than twelve registered voters within the territory of the Annexation Territory, and, pursuant to Section 53339.7 of the Act, each landowner who is the owner of record on the date hereof, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he or she owns within the Annexation Territory.

SECTION 13. 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 14. 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 15. Effective Date. This Resolution shall become effective immediately.

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Packet Pg. 403 Attachment: Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy (8933 : Public Hearing on Annexation No. 4 to Resolution No. 2022- 96
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Packet Pg. 404 Attachment: Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy (8933 : Public Hearing on Annexation No. 4 to Resolution No. 2022- 96

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. 2022-96, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 405 Attachment: Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy (8933 : Public Hearing on Annexation No. 4 to

EXHIBIT A

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 4
(May 18, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino:

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. 2018-1, 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:

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on May 18, 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 May 18, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

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Packet Pg. 406 Attachment: Attachment 2 - Exhibit A - Ballot (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) (Ward TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

RCH-CWI Belmont, LP
Attn: Roger Hobbs
1428 E. Chapman Ave.

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A MARK “YES” OR “NO” WITH AN “X”:

Shall the territory described in Attachment “A” of
Resolution No. 2022-72 of the Mayor and City
Council of the City of San Bernardino be annexed to
Community Facilities District No. 2018-1 (Safety
Services)?
YES _________
NO _________
PROPOSITION B MARK “YES” OR “NO” WITH AN “X”:

Shall a special tax with a rate and method of
apportionment as provided in Attachment “C” to
Resolution No. 2022-72 of the Mayor and City
Council of the City of San Bernardino be levied to pay
for the Services and other purposes described in
Resolution No. 2018-264?
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__.

RCH-CWI Belmont, LP
By: Roger Hobbs
Managing Member

Signature
Print Name
Title

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Packet Pg. 407 Attachment: Attachment 2 - Exhibit A - Ballot (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) (Ward Resolution No. 2022-97
RESOLUTION NO. 2022-97

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING

AS THE LEGISLATIVE BODY OF THE CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2018-1 (SAFETY SERVICES) CERTIFYING THE RESULTS
OF THE MAY 18, 2022, ANNEXATION AND SPECIAL TAX
ELECTION.

WHEREAS, the Mayor and City Council (the “City Council”) of City of San Bernardino (the “City”) called and duly held consolidated elections on May 18, 2022, within the boundaries of certain territory (the “Annexation Territory”) described in Attachment “A” to Resolution No. 2022-72 adopted by the Mayor and City Council on April 6, 2022, which territory is to be annexed to Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (“Community Facilities District No. 2018-1” or the “District”) pursuant to Resolution No. 2022- ___ for the purpose of presenting to the qualified electors within the Annexation Territory the propositions attached hereto as Attachment A; and
WHEREAS, there has been presented to this Mayor and City Council a certificate of the City Clerk canvassing the results of the election, a copy of which is attached hereto as Attachment B.

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

SECTION 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District.

SECTION 2. The Proposition presented to the qualified electors of the Annexation Territory on May 18, 2022, were approved by more than two-thirds of the votes cast at the election held for the Annexation Territory and Propositions A and B each has carried. The Mayor and City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the Annexation Territory, which is hereby annexed to the District in accordance with Proposition A, the special tax described in Proposition B for the purposes described therein.

SECTION 3. The Mayor and City Council, acting as the legislative body of the District, is hereby authorized to take the necessary steps to levy the special tax authorized by Proposition B in accordance with Ordinance No. MC-1506 approved by the Mayor and City Council, acting as the legislative body of the District.

SECTION 4. The City Clerk is hereby directed to record in the Office of the County Recorder within fifteen days of the date hereof a notice of special tax lien for the Annexation Territory which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5.

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Packet Pg. 408 Attachment: Attachment 3 - Resolution No. 2022-97 Declaring Election Results (8933 : Public Hearing on Annexation No. 4 to Community Resolution No. 2022-97
SECTION 5. 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 7. Effective Date. This Resolution shall become effective immediately.

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Packet Pg. 409 Attachment: Attachment 3 - Resolution No. 2022-97 Declaring Election Results (8933 : Public Hearing on Annexation No. 4 to Community Resolution No. 2022-97

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. 2022-97, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 410 Attachment: Attachment 3 - Resolution No. 2022-97 Declaring Election Results (8933 : Public Hearing on Annexation No. 4 to Community

EXHIBIT A

CITY OF SAN BERNARDINO

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on May 18, 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 May 18, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

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Packet Pg. 411 Attachment: Attachment 4 - Exhibit A – Ballot (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) (Ward TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

RCH-CWI Belmont, LP
Attn: Roger Hobbs
1428 E. Chapman Ave.

CITY OF SAN BERNARDINO

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__.

RCH-CWI Belmont, LP
By: Roger Hobbs
Managing Member

Signature
Print Name
Title

8.d
Packet Pg. 412 Attachment: Attachment 4 - Exhibit A – Ballot (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) (Ward

EXHIBIT B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 4

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the Deputy City Clerk or the Acting City Clerk, as the case may be, hereby certify:

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measures, the measures has therefore passed.

Landowner
Qualified
Landowner
Votes
Votes
Cast

PROPOSITION A PROPOSITION B

YES NO YES NO
RCH-CWI Belmont, LP 6 6
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 ____________, 2021.

Genoveva Rocha, MMC
City Clerk
City of San Bernardino
By:

(Attach completed copies of Waiver/Consent and Ballot)

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Packet Pg. 413 Attachment: Attachment 5 - Exhibit B – Certificate of Election Results (8933 : Public Hearing on Annexation No. 4 to Community Facilities

8.f
Packet Pg. 414 Attachment: Attachment 6 - Registrar of Voters Certificate (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 This space for filing stamp only
OR#:

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

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

Ad Description:

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

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3581014

PERLA LOPEZ

CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.

SAN BERNARDINO, CA - 92401

HRGSB - NOTICE OF HEARING-SB

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX
TERRITORY 4
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
05/04/2022
05/04/2022

SAN BERNARDINO
!A000006011309! Email

NOTICE OF PUBLIC HEARING

ON INTENTION TO ANNEX

TERRITORY TO AN EXISTING

COMMUNITY FACILITIES
DISTRICT 2018-1 (SAFETY

SERVICES)
(ANNEXATION NO. 4)
NOTICE IS HEREBY GIVENthat
the City Council of the City of San
Bernardino on April 6, 2022 adopted
its Resolution No. 2022-72, in which it
declared its intention to annex
territory to existing Community
Facilities District No. 2018-1 (Safety
Services) (the "CFD No. 2018-1"), and
to levy a special tax to pay for
certain safety services, all pursuant
to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title
5 of the California Government
Code. The resolution describes the territory to be annexed and describes the rate and method of
apportionment of the proposed
special tax. No change in the tax
levied in the existing CFD No. 2018-1
is proposed.

NOTICE IS HEREBY FURTHER
GIVENthat the City Council has
fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, May 18, 2022 at the Bing Wong Auditorium of
the Norman F. Feldheym Public
Library at 555 W. 6th Street, San
Bernardino, California, as the time and place when and where the City Council will conduct a public
hearing on the annexation of
territory to CFD No. 2018-1. At the
hearing, the testimony of all interest
persons for or against the
annexation of the territory or the
levying of the special taxes will be
heard. If and to the extent
participation in the May 18, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an
Executive Order of the Governor of
California, the means and methods
for participating the meeting shall
be posted on the Agenda for said
meeting, which shall be posted at
least 72 hours prior to the meeting on
the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the
Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A
copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909- 384-5002.

DATED: April 27, 2022 Genoveva
Rocha, CMC

8.g
Packet Pg. 415 Attachment: Attachment 7 - Proof of Publication (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) City Clerk of the City of San Bernardino
5/4/22
SBS-3581014#

8.g
Packet Pg. 416 Attachment: Attachment 7 - Proof of Publication (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) Public Hearing
CFD No. 2018-1 Annexation No. 4:
(TR 20145) APNs 0261-712-01 thru -16
Presented by Barbara Whitehorn, Finance Director

8.h
Packet Pg. 417 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community Public Hearing on CFD 2018-1 Annexation No. 4
Discussion
• The Property Owner, RCH-CWI Belmont, LP, has requested the City assist them in annexing territory into CFD No. 2018-1 to cover the costs associated with Public Safety services.
• The area proposed within Annexation No. 4 includes sixteen APNs 0261- 712-01 thru -16 within TR 20145. This proposed development is to include 16 detached single-family residential lots.
• On April 6, 2022 the City Council adopted Resolution No. 2022-72, a Resolution of Intention to annex these properties into CFD No. 2018-1 and hold a Public Hearing on May 18, 2022. The property owner consented to waiving certain time restriction and conduct the election the same night.

8.h
Packet Pg. 418 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community Public Hearing on CFD 2018-1 Annexation No. 4
Discussion (Cont.)
• The proposed maximum annual tax of $385 per residential unit for Fiscal Year 2022-23.
• The Special Tax is proposed to escalate each year after July 1, 2024 by 4%.
• The services, which may be funded with proceeds of the special tax include:
• Police protection services (including but not limited to criminal justice services) and paramedic services; and
• 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 operating reserves.

8.h
Packet Pg. 419 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community Project Location

8.h
Packet Pg. 420 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community Public Hearing on CFD 2018-1 Annexation No. 4
Fiscal Impact
• It is anticipated that at build-out the total Special Tax revenues to pay for public safety services will be approximately $6,160. All costs associated with the annexation is borne by the Developer. There is no fiscal impact to the City’s General Fund.

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Packet Pg. 421 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community Public Hearing on CFD 2018-1 Annexation No. 4
Recommended Action

CITY COUNCIL INITIATE ANNEXATION OF TERRITORY TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ("CFD NO. 2018-1" OR "CFD") BY TAKING THE FOLLOWING ACTIONS:

8.h
Packet Pg. 422 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community Questions?

8.h
Packet Pg. 423 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community

PROJECT MAP
CFD NO. 2018-1 (SAFETY SERVICES)
ANNEXATION NO. 4

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Packet Pg. 424
Attachment: Attachment 9 - Project Map (8933 : Public Hearing on Annexation No. 4 to Community

Page 1 ends

Public Hearing
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Continue the Public Hearing on the Vacation of a Portion of “I” Street (Ward 3).

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, continue the public hearing on the Vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street and reservation of utilities therein until June 1, 2022, at 7:00 p.m.

Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of a street and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.

The Burlington Northern Santa Fe (BNSF) Ono Lead Track Extension Project (“Project”) proposes to install a fourth lead track extending the existing BNSF San Bernardino Intermodal Facility (SBD Intermodal) lead track to tow existing Ono Storage Sidings.

The project would involve construction of a fourth lead track within/along approximately

4.3 miles of an existing BNSF corridor generally from the BNSF overpass at State Street/University Parkway on the north to the existing SBD Intermodal at West 5th Street on the south. The proposed Project would close the existing gap between the two existing Ono Storage Sidings, creating a continuous lead track and improving the flow of trains in and out of the BNSF yard.

The Project does not propose to increase rail line operations. Instead, it would improve the Yard’s operational efficiency by reducing train congestion along the existing lead tracks and reducing train idling, as they wait to enter/exit the yard. 9 Packet Pg. 425
8966

Page 2 ends

On January 11, 2022, the Planning Commission of the City of San Bernardino, California, adopted Resolution No. 2022-004-PC, recommending, to the Mayor and City Council of San Bernardino, the certification of the Final Environmental Impact Report (California State Clearinghouse Schedule No. 20201030193), the adoption of the findings of fact and the mitigation monitoring and reporting program under the California Environmental Quality Act, and the approval of the real property street vacation

15.30.434 for the proposed BNSF Ono Lead Track Extension Project.

As part of the Ono Project, BNSF has requested that the City approve the vacation of “I” Street and “J” Street as follows:
• Portion of “I” Street between Spruce Street and 6th Street • Portion of “I” Street between 6th Street and 7th Street • Portion of “I” Street between 7th Street and 8th Street • Portion of “I” Street between 8th Street and 10th Street • Portion of “I” Street between 10th Street and 11th Street • Portion of “I” Street between 11th Street and Home Avenue and between Home Avenue and 14th Street
• Portion of “I” Street between 10th Street and 11th Street and 10th Street and Olive Street
• Portion of “J” Street where it intersects with 17th Street and 21st Street between Turrill Avenue and Existing Railroad ROW, 10th Street and Olive Street Discussion
On March 16, 2022, the Mayor and City Council adopted a Resolution of Intention setting the date, time, and place of the public hearing as May 4, 2022, at 7:00PM at 555 West 6th Street, San Bernardino, California in the City Council Chambers.

On May 4, 2022, the Mayor and City Council continued the Public Hearing on the Vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street and reservation of utilities therein until May 18, 2022, at 7:00 p.m.

The applicant has since requested staff continue the item. Accordingly, staff is recommending the public hearing be continued to June 1, 2022, at 7:00 p.m. at 555 West 6th Street, San Bernardino, California, in the City Council Chambers. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.

Fiscal Impact
There is no fiscal impact to the City. The applicant has submitted fees in the amount of 9 Packet Pg. 426
8966

Page 3 ends

$8,160 to cover the cost of the vacation procedures.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, continue the public hearing on the Vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street and reservation of utilities therein until June 1, 2022, at 7:00 p.m.

Attachments
None
Ward: 3
Synopsis of Previous Council Actions:

March 16, 2022 The Mayor and City Council of the City of San Bernardino, California, adopted Resolution 2022-64, declaring its intent to conduct a public hearing to order the vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street and the reservation of utilities therein.

May 4, 2022 The Mayor and City Council of San Bernardino, California, continued the public hearing to May 18, 2022, at 7:00 p.m. at 555 West 6th Street, San Bernardino, California, in the City Council Chambers.
9 Packet Pg. 427

Page 1 ends

Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Watson, Animal Services Director
Subject: Animal Services Grant Funding Allocation (All Wards) Recommendation
Adopt Resolution No. 2022-98 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to amend the FY 2021/22 Budget to appropriate $500,000 of the grant funding from The San Manuel Band of Mission Indians for animal shelter programs and services.

Background
On April 7, 2021, the Mayor and City Council adopted Resolution 2021-87, accepting a grant award in the amount of $1,500,000 from the San Manuel Band of Mission Indians for Animal Shelter Programs and Services allocated over a three-year period (FY 2020/21 through FY 2022/23).

Discussion
The Department has made significant changes to the current facility with the first allocation of grant funding. The updates include the placement and lease of two new modular buildings, new fencing for play yards and furniture for the buildings.

The Department has also expanded our services and programs to the benefit of animals and people in the community. We purchased microchips with the grant funding, offering free microchips for resident's pets at multiple events over the past year. We have expanded veterinary care and treatment to pets in our shelter suffering from treatable conditions. Additionally, the first allocation of grant funding has enabled the Department to increase adoptions by covering the cost of spay/neuter of adopted pets.

The next allocation of grant funding will be used for expenditures as stipulated in the grant agreement.

Later this calendar year, the Department plans to provide the Mayor and City Council with an additional report on the full impact the grant has had on our operations, programs, and services.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved Operational and Financial 10 Packet Pg. 428
8960

Page 2 ends

Capacity, as it addresses critical upgrades needed to ensure the shelter and staff can continue providing services to the community and their animals; Key Target No. 2:

Focused, Aligned Leadership and Unified Community through the opportunity for increased community engagement at the shelter; and Key Target No. 3: Improved Quality of Life by expanding services available to the public and their pets.

Fiscal Impact
$500,000 will be added to a grant account within the Animal Services Department's FY 2021/22 Budget, to be utilized for expenditures in keeping with the approved usage of funds as detailed in the grant agreement.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2022-98 authorizing the Director of Finance to amend the FY 2021/22 Budget to appropriate $500,000 of the grant funding from The San Manuel Band of Mission Indians for animal shelter programs and services.

Attachments
Attachment 1 Resolution No. 2022-98
Attachment 2 San Manuel Grant Agreement
Ward: All
Synopsis of Previous Council Actions:

April 7, 2021 The Mayor and City Council adopted Resolution No. 2021-87, accepting a grant award in the amount of $1,500,000 from the San Manuel Band of Mission Indians for Animal Shelter Programs and Services allocated over a three year period (FY 2020/21 through FY 2022/23) and delegating authority to the City Manager to conduct all negotiations and sign and submit all necessary documents to receive the grant award and authorizing the Director of Finance to amend the FY 2020/21 Budget to appropriate $500,000 of the grant funding for animal shelter programs and services.
10 Packet Pg. 429
Resolution No. 2022-98
Resolution 2022-98

Page 1 of 3 ends

RESOLUTION NO. 2022-98

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FY 2021/22 BUDGET TO APPROPRIATE
$500,000 OF THE GRANT FUNDING FROM THE SAN

MANUEL BAND OF MISSION INDIANS FOR ANIMAL

SHELTER PROGRAMS AND SERVICES
WHEREAS, The City of San Bernardino Department of Animal Services has been approved for grant funding by the San Manuel Band of Mission Indians in the amount of $1,500,000 (the “Grant”); and
WHEREAS, the City is working to expand shelter programs and services to the community; and
WHEREAS, the Grant funding would support the City in their efforts.

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

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

SECTION 2. The Mayor and City Council hereby approves the acceptance of Grant funds from the San Manuel Band of Mission Indians.

SECTION 3. The Mayor and City Council hereby authorizes the Director of Finance to amend the FY 2021/22 Budget to appropriate $500,000 of the grant funding from the San Manuel Band of Mission Indians for animal shelter programs and services.

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

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

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

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Packet Pg. 430 Attachment: Attachment 1 Resolution No. 2022-98 Animal Services Grant Funding Allocation [Revision 1] (8960 : Animal Services Grant Resolution No. 2022-98
Resolution 2022-98

Page 2 of 3 ends

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Packet Pg. 431 Attachment: Attachment 1 Resolution No. 2022-98 Animal Services Grant Funding Allocation [Revision 1] (8960 : Animal Services Grant Resolution No. 2022-98
Resolution 2022-98

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. 2022-98, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 432 Attachment: Attachment 1 Resolution No. 2022-98 Animal Services Grant Funding Allocation [Revision 1] (8960 : Animal Services Grant

RESTRICTED GRANT AGREEMENT
San Manuel Band of Mission Indians
and
City of San Bernardino
This Restricted Grant Agreement (this “Agreement”) is made and entered into as of May 1, 2021 (the “Effective Date”) by and between the San Manuel Band of Mission Indians, a federally recognized Indian Tribe located at 26569 Community Center Drive, Highland, California 92346 (“Tribe”), and City of San Bernardino, a municipal government located at 333 Chandler Place San Bernardino, CA 92401 (“Grantee”). Tribe, on the one hand, and Grantee, on the other hand, are each referred to herein individually as a “Party” and together as the “Parties.”
I. GRANTEE’S STATUS. This grant is specifically conditioned upon Grantee’s status as an eligible grantee of Tribe in accordance with this Section. Grantee represents and warrants that it is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (hereinafter the “Code”), and that it is not a private foundation as defined in Section 509(a) of the Code. Grantee has provided Tribe with a copy of Internal Revenue Service determination letter(s) evidencing its status as an eligible grantee and Grantee represents and warrants that such determination letter(s) are currently in full force and effect. Grantee will notify Tribe immediately of any actual or proposed change in its tax status during the Grant Period (as defined below).

II. AMOUNT AND PAYMENT OF GRANT. Subject to the terms and conditions of this Agreement, Tribe hereby agrees to make a grant to Grantee equal to One and half million Dollars ($1,500,000.00) (such amount and all income and gain earned thereon hereinafter collectively referred to as the “Grant”), which shall be paid in accordance with the following schedule, in each case, subject to Tribe’s prior receipt and written approval of all of Grantee’s reports required hereunder:

Payment Date Amount
By May 31, 2021 $500,000.00
By May 31, 2022 $500,000.00
By May 31, 2023 $500,000.00
III. PURPOSE OF GRANT. The Parties acknowledge and agree that the purpose of the Grant is to provide funding in support of Animal Services Shelter Improvements (hereinafter the “Grant Project”), which shall be applied to the Grant Project from the Effective Date until April 30, 2024 (the “Grant Period”). Grantee is strongly encouraged to provide supplemental financial and other institutional support to extend the scope and success of each of the initiatives of the Grant Project.

10.b
Packet Pg. 433 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) The Grant is made only for the specific charitable and educational purposes described in this Agreement. The Grant may not be used for any other purpose without prior written approval from Tribe.

IV. OBJECTIVES & EXPECTED OUTCOMES OF GRANT PROJECT
a. Objectives. Grantee shall use the Grant to undertake the activities described in Attachment A: Goals, Objectives, Outcomes and Evaluations (“Attachment A”), attached hereto and incorporated herein by reference, within the timeframe outlined in Attachment A and in accordance with Attachment B: San Manuel Grant Program/Project Budget (“Attachment B”), attached hereto and incorporated herein by reference, unless otherwise agreed by Tribe in writing.
b. Outcomes. Grantee shall measure and report the outcomes to Tribe as provided in Attachment A.

V. RECOGNITION. In recognition of the Grant, Grantee will express its appreciation and provide recognition publicly to Tribe as set forth in Attachment C: Recognition (“Attachment C”), attached hereto and incorporated herein by reference. In addition, Grantee shall (i) ensure that Tribe is clearly identified as a funder or supporter of Grantee in all published material relating to the subject matter of the Grant and (ii) list Tribe as a funder or supporter in its annual report, if any. Notwithstanding anything to the contrary in this Agreement or Attachment C, all proposed Grantee external communications regarding Tribe shall be submitted first to Tribe for its review and written approval.

VI. ADDITIONAL TERMS AND CONDITIONS OF GRANT. Grantee and Tribe hereby agree that the Grant is subject to the following additional terms and conditions:
a. Expenditure of Grant.

1. Use and Management of Grant. Grantee will spend the Grant only for the purposes of funding the Grant Project as described above and will not use the Grant in any manner inconsistent with Section 501(c)(3) of the Code. The investment, administration, distribution and stewardship of any current-use fund established by the Grant will be accomplished in accordance with applicable law and Grantee policies, which policies Grantee may amend from time to time.

2. Expenditures. Any material changes to Attachment B require Tribe’s prior written approval. Grantee must also report to Tribe any change, including, but not limited to, changes in expenses, funding, personnel, materials, service area or population, or timelines (as applicable), which impact at least two-and-one-half percent (2.5%) of the reported budget and use of funds for the Grant Project detailed in Attachment B.

3. Payment of Funds to Related Parties of Tribe. No part of the Grant may be paid directly to any director, officer, employee or citizen (or their family members) of Tribe for any purpose.

10.b
Packet Pg. 434 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) b. Return of Grant. Grantee shall return to Tribe all or any portion of the Grant not previously spent or irrevocably committed in compliance with and in reliance on this Agreement, and Tribe shall have the right to suspend or withhold unpaid installments of the Grant if:

1. Tribe, in its reasonable discretion, determines that Grantee has not performed in accordance with this Agreement;

2. Any portion of the Grant is not used for the Grant Project; or

3. Necessary to comply with any applicable requirements of law.

In addition, Grantee shall return any unused portion of the Grant promptly to Tribe upon the completion of the Grant Period, unless Tribe agrees in writing to extend the Grant Period or repurpose the funds.
c. Records, Audits, Site Visits. The Grant provided by Tribe will be accounted for separately in Grantee’s books and records. A systematic accounting record shall be kept by Grantee of the receipt and use of the Grant. Grantee will retain original substantiating documents related to Grant expenditures and will make these records available for Tribe’s review upon its reasonable request. Grantee will be responsible for maintaining adequate financial records pertaining to the Grant throughout the Grant Period and for at least five (5) years following the completion of the Grant Period. Tribe or a designated representative of Tribe shall have the right to conduct a site visit and/or audit Grantee’s books and records relating to the expenditure of the Grant upon Grantee’s receipt of reasonable written notice from Tribe. d. Reports.

1. Grantee will complete all reporting required by this Section VI.d. and Attachment A. In the event of any inconsistency between this Section VI.d. and Attachment A, the more comprehensive reporting requirement will apply. All reports and the assessment of progress toward Goals, Objectives, and Outcomes are subject to the approval and acceptance of Tribe in its sole and absolute discretion and approval and acceptance of all such reports due on or prior to any payment of a portion of the Grant.

2. Grantee will submit written semi-annual summative reports to Tribe by April 30 and October 31 of each year during the Grant Period and will submit a final report to Tribe within sixty (60) days after the completion of the Grant Period (or the earlier termination of this Agreement, if applicable). Such written reports must be signed by an authorized officer of Grantee and shall conform to the report templates provided by Tribe’s Community Outreach Department. In particular, the reports shall describe in detail Grantee’s use of the Grant, compliance with the terms of the Grant and the progress made by Grantee toward achieving the purposes for which the Grant was made.
e. Subgrantee Compliance. Grantee hereby confirms that it has the ability to cause and will cause any subgrantee of the Grant to comply with this Agreement (e.g., if and to the extent a subgrantee is contemplated in Attachment A).

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Packet Pg. 435 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) f. Licensing and Credentials. Grantee will maintain or cause to be maintained, in full force and effect, all required governmental or professional licenses and credentials for itself, its facilities, its employees and all other entities and individuals engaged in work in conjunction with the Grant.
g. Management and Organizational Changes. Grantee will provide immediate written notice to Tribe if significant changes or events occur during the Grant Period which could potentially impact the progress or outcome of the Grant, including, without limitation, changes in Grantee’s management personnel or losses of funding from any other sources. h. Termination. Either Party hereto may terminate this Agreement upon not less than thirty (30) days’ prior written notice to the other for failure on the part of such Party to perform a material obligation hereunder, or for a breach of any of such Party’s representations or warranties made in this Agreement. Tribe may terminate this Agreement upon not less than thirty (30) days’ prior written notice to Grantee for (i) Grantee’s change in its tax-exempt status or fundamental mission, or (ii) Grantee’s implication in an event, or series of events, of such notoriety or opprobrium that the continuation of this Agreement has or will have a negative impact upon Tribe, its image or reputation, or (iii) Grantee’s inability to fulfill the requirements set forth in this Agreement. In the event of any termination of this Agreement, Grantee shall return all Grant funds received excluding all expenditures and contractual encumbrances made consistent with this Agreement and incurred by Grantee in reliance on this Agreement.

If Tribe terminates this Agreement, Grantee will remove all signage and other identification from the facilities and all other places, things (including current-use and endowed funds) and sites wherever there are references to Tribe (collectively, “All Identification”), at Grantee’s sole cost and expense, unless otherwise agreed in writing by Tribe in its sole discretion. The removal of All Identification will be completed as soon as reasonably practical, but in no event later than thirty (30) days after the notice of termination, unless otherwise agreed in writing by Tribe in its sole discretion.

The foregoing rights and remedies are cumulative of, and in addition to, any rights, remedies or recourses to which the terminating Party may be entitled at law or in equity. i. Knowing Assumption of Obligations. Grantee acknowledges that it understands its obligations imposed by this Agreement, including, but not limited to, those obligations imposed by reference to the Code. Grantee herby agrees that if Grantee has any doubts about its obligations under this Agreement, including those incorporated by reference to the Code, Grantee will promptly contact Tribe.
j. Terrorist Activity. Grantee represents and warrants that it does not support or conduct, directly or indirectly, violence or terrorist activity of any kind. k. Confidentiality. The terms of the Grant and this Agreement are confidential.

Grantee must seek Tribe’s prior written approval before sharing any terms of the Grant or this Agreement with third parties who do not have a need to know in order to further the purpose of the Grant Project.

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Packet Pg. 436 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) l. Tribe’s Publicity of Grant Project. Grantee hereby grants to Tribe an irrevocable, non-exclusive license to use Grantee’s name and marks in publicity materials in all forms of media pertaining to Grantee’s organization, the Grant Project and any results or outcomes of the Grant, for internal presentations and external dissemination to the public. m. Ownership and Use of Marks.

1. License. Grantee acknowledges and agrees that Tribe is the owner of all right, title and interest in and to Tribe’s name and logo (collectively, the “Marks”) and that Grantee’s use of the Marks pursuant to this Agreement inures to the benefit of Tribe. Tribe hereby grants Grantee a non-exclusive and non-transferable license, without the right to sublicense, to use the Marks solely in connection with providing recognition of the Grant pursuant to this Agreement.

Grantee will have no rights in or to the Marks, except as expressly granted herein. Tribe expressly reserves to itself all rights in and to the Marks not expressly granted to Grantee pursuant to this Agreement. The manner and use of the Marks shall comply with all federal and state laws pertaining to trade names, trademarks and service marks in force at any time and shall clearly indicate Tribe’s ownership of the Marks as requested and approved by Tribe.

2. Approval Rights. Notwithstanding anything to the contrary in this Agreement, all uses of the Marks by Grantee are subject to the prior written approval of Tribe. Grantee will submit to Tribe for approval, at least ten (10) business days prior to its intended first use, all materials which contain the Marks (whether in print media, direct mail, television, radio, internet, email, billboard or in any other form, media or channel). Tribe will have the right to review and approve any copy containing reference to Tribe or including the Marks prior to its use by Grantee. Tribe will use its reasonable efforts to promptly review materials sent by Grantee for approval and will not unreasonably withhold or delay its approval. In no event shall Grantee make any unapproved changes to the Marks.
n. Selection of Subgrantees. With regard to the selection of any subgrantees to carry out the purposes of the Grant, Grantee retains full discretion and control over the selection process, acting completely independently of Tribe. There is no agreement, written or oral, by which Tribe may cause Grantee to choose any particular subgrantee. o. No Agency. Grantee is solely responsible for all activities supported by the Grant, the content of any product created with the Grant, and the manner in which any such product may be disseminated. The relationship between Tribe and Grantee is that of grantor and grantee, and this Agreement shall not be deemed to create any other type of relationship, including, but not limited to, a partnership, joint venture, employment, independent contractor or principal and agent relationship.
p. Remedies. If Tribe determines, in its reasonable discretion, that Grantee has materially violated or failed to carry out any provision hereof, Tribe may avail itself of any remedies available at law in addition to those contained in this Agreement.

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Packet Pg. 437 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) q. Waiver of Claims and Indemnification. Grantee hereby waives any and all claims and recourse against Tribe, including the right of contribution for loss or damages to persons or property arising from, growing out of, or in any way connected with or incidental to fulfillment of the terms and conditions specified in this Agreement. Additionally, Grantee will indemnify, defend, protect and hold Tribe and its directors, officers, managers, members, employees, agents and representatives, harmless from any cost, expense, claim, demand, liability and/or damage, including reasonable attorney’s fees and costs (“Claims”), arising out of or in connection with, in whole or in part, (i) any false or misleading representation made by Grantee, its agents, directors, trustees, officers, employees or delegated representatives in connection with this Agreement, (ii) its breach of any term of this Agreement, (iii) the performance of Tribe’s obligations pursuant to this Agreement, or (iv) any claims or actions brought by third parties, including, but not limited to, parties set forth below, in connection with this Agreement. Grantee further waives any and all Claims to the extent resulting from, relating to or arising out of (i) the facilities where programs are delivered and/or the operational activities of Grantee therein, including, without limitation, any disputes by, between or among participants, users, guests or any other attendees and Grantee (or Grantee’s respective agents, subcontractors (if any), directors, trustees, officers and employees) or its products and services, any personal injuries sustained by any person at or in connection with the facilities where programs are delivered, and/or any agreements with third parties entered into by Grantee or its agents in connection with the operation of the same facilities, or (ii) the negligent acts or omissions or willful misconduct of Grantee or its agents, subcontractors (if any), directors, trustees, officers or employees in connection with the subject matter of this Agreement, except to the extent those Claims are directly caused by the negligence or willful misconduct of Tribe or its agents, directors, officers or employees.
r. Survival. Notwithstanding anything to the contrary in this Agreement, the obligations in Section VI.c., Section VI.d.2. with respect to the final report, Section VI.h., Section VI.k., Section VI.l., and Sections VI.p. through Section VI.bb. shall survive any termination of this Agreement.
s. Notices. All notices, requests, demands or other communication permitted or required to be given under this Agreement shall be in writing and shall be deemed given or made when sent by United States certified or registered mail, return receipt requested and postage prepaid, or by a nationally recognized overnight courier, delivery fee prepaid, and in either case to the persons and at the addresses specified below:

If to Tribe:

Community Outreach Department
San Manuel Band of Mission Indians
26569 Community Center Drive
Highland, CA 92346
If to Grantee:

Robert Field
City Manager
City of San Bernardino
333 Chandler Place

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Packet Pg. 438 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) San Bernardino, CA 92401
The persons and addresses set forth above, from time to time, may be changed by written notice sent as aforesaid to the other Party.
t. Captions. All captions and headings in this Agreement are for the purposes of reference and convenience only. They shall not limit or expand the provisions of this Agreement.
u. Entire Agreement; Amendments and Modifications. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral, written and other agreements between the Parties. This Agreement may not be amended or modified, except in a writing signed by both Parties. v. Governing Law/Jurisdiction. This Agreement shall be governed by applicable tribal, federal and State of California law, in that order, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. Nothing in this Agreement shall be construed as a waiver of Tribe’s immunity to unconsented suit.
w. Non-Assignment. The Parties agree that none of the provisions of this Agreement shall be assigned or delegated to any other individual or entity without the prior written consent of the other Party, which consent will be in the Party’s sole and absolute discretion. x. Successors and Assigns. The Parties agree that this Agreement shall be binding upon them and each of their respective successors and permitted assigns. y. Waiver. No waiver hereunder will be valid unless set forth in a writing signed by the Party to be bound thereby. Neither the failure nor any delay on the part of either Party to exercise any right or remedy under this Agreement shall operate as a waiver thereof. z. Force Majeure. Each of the Parties shall be excused from performing its obligations under this Agreement if its performance is delayed or prevented by any event beyond such Party’s reasonable control, including, but not limited to, acts of God, earthquake, fire, explosion, weather, disease, war, insurrection, civil strife, riots, government actions or power failure, provided that such performance shall be excused only to the extent of and during such disability.
aa. Severability. In the event any portion of this Agreement or any amendments, addenda or attachments hereto shall be held illegal, void or ineffective, the remaining portions hereof shall remain in full force and effect. If any of the terms or conditions of this Agreement is in conflict with any applicable statute or rule of law, then such term or condition shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform to such statute or rule of law.
bb. Counterparts. This Agreement may be executed in two or more counterparts, each of which is deemed an original, but all of which taken together shall constitute one and the same instrument.

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Packet Pg. 439 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) [Signature Page Follows]

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Packet Pg. 440 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) The Parties have executed this Agreement as of the date first written above.

SAN MANUEL BAND OF MISSION CITY OF SAN BERNARDINO
By: By:

Name:__________________ Robert Field
Title:___________________ City Manager
Tom Donohue, CFO

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Subject: Approve Vendor for Closed Captioning Software (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify the approval of the vendor, Municipal Captioning, Inc., approved to provide English closed captioning software for viewers of all programming aired through the City’s cable channel, as approved at the May 4, 2022, Mayor and City Council meeting.

Background
At the May 4, 2022, Mayor and City Council Meeting, the Mayor and City Council approved the one-time purchase of English closed captioning software for cable channel meeting viewers, as part of the Mayor and City Council’s request for English Captioning and Spanish Interpretation Services.

Discussion
After the May 4, 2022, meeting, staff realized that the name of the closed captioning vendor was inadvertently omitted from the staff report. The vendor chosen to provide English closed captioning services to cable channel viewers for all City of San Bernardino meetings and programming aired through our cable channel is Municipal Captioning, Inc. The full staff report from the May 4 meeting is attached, which provides all necessary support for the purchase.

2021-2025 Key Strategic Targets and Goals
Ratifying the approval of the vendor providing English closed captioning software for cable channel viewers of Mayor and City Council meetings aligns with Key Target No. 2:

Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan, to allow a larger portion of City of San Bernardino citizens an opportunity to participate in city business, increasing accessibility and transparency.

Fiscal Impact
There is no fiscal impact for this item, as it was already approved at the May 4, 2022, Mayor and City Council Meeting and budgeted for Fiscal Year 21/22.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, 11 Packet Pg. 442
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California ratify the approval of the vendor, Municipal Captioning, Inc., approved to provide English closed captioning software for viewers of all programming aired through the City’s cable channel, as approved at the May 4, 2022, Mayor and City Council meeting.

Attachments
Attachment 1 May 4, 2022, Staff Report for Spanish Interpretation Services, Equipment, and Closed Captioning Software
Ward: All
Synopsis of Previous Council Actions:

May 4, 2022 The Mayor and City Council approved Spanish Interpretation Services, Equipment, and Closed Captioning Software.
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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: Genoveva Rocha, City Clerk
Subject: Approval of Spanish Interpretation Services, Equipment, and Closed Captioning Software (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute a Professional Services Agreement with Cal Interpreting Services, Inc., for Spanish interpretation and translation services through January 21, 2024 in an amount not to exceed $30,000.00 annually.

2. Approve the one-time purchase of interpretation equipment and headsets for $16,293.80, in lieu of television monitors outside of Council Chambers.

3. Approve the one-time purchase of English closed captioning software for cable channel viewers in the amount of $54,625.00.

Background
At the February 3, 2021, Mayor and City Council Meeting, Council Member Reynoso requested that staff bring back options for City Council consideration to allow for interpretation services in Spanish, Vietnamese, and American Sign Language (ASL) at Mayor and City Council meetings.

On April 21, 2021, staff returned to the Mayor and City Council with three options for consideration of multiple language interpretation services. Council then directed staff to return with the cost and feasibility of (1) Spanish interpretation services for the Mayor and City Council meetings; (2) Acquiring televisions for the lobby for Spanish interpretation and captioning, and (3) English closed captioning for web and cable viewers.

Discussion
Staff took direction to determine the feasibility and cost of the three items requested by the Mayor and City Council. Staff released a Request for Proposals (RFP) for Spanish interpretation and translation services, reviewed the possible use of television monitors in the lobby of the council chambers to televise Spanish interpretation at Mayor and City Council meetings, and researched options for English closed captioning for live stream

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and cable viewers.

Simultaneous Spanish Interpretation
The Request for Proposals (RFP) for Spanish interpretation and translation services was released in July 2021. Eighteen (18) responses were received, and the fourteen (14) responses that met the minimum qualifications set forth in the RFP were reviewed by staff in October 2021. The review was based on the qualifications of the firm, quality of references, background and experience of the proposed staff, scope of work, and cost. Cal Interpreting Services, Inc., was chosen as the best vendor for the City of San Bernardino based on this analysis.

The service provided by this vendor will allow the city to have on-site simultaneous Spanish interpretation for public comments and open session of all regular Mayor and City Council meetings.

The cost for interpreters is charged at an hourly rate. Two interpreters will be required due to the duration of time of each meeting. The annual cost will vary and is as follows:

Two interpreters = $160 per hour ($80 per interpreter)
Regular meeting = approximately 5 hours
$160 X 5 hours = approximately $800 per meeting
Interpreters will be scheduled for approximately 24 regular meetings per year:
$800 X 24 meetings = approximately $19,200 per year

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Television Monitors
The Mayor and City Council requested options for the installation of television monitors in the lobby area of the Council Chambers to televise Spanish interpretation and closed captioning of Mayor and City Council meetings.

As an alternative to television monitors, staff is recommending the purchase of interpretation equipment and individual listening headsets. The headsets would allow for inclusion of all citizens in the discussions of city business. Citizens utilizing the devices would be seated in the Council Chambers. The headsets will allow them to follow along with the Spanish interpreters and participate, in-person and in real-time at the meeting.

The purchase of the interpretation equipment would also allow for the interpreted meeting to be live streamed via a remote platform. The Spanish live stream would provide the Spanish-speaking home audience an opportunity to view the meeting and follow the discussion of city business as it is happening.

Staff released a quick bid for the interpretation equipment, including 20 headsets, and received three (3) responses. It was determined that EIDIM Group, Inc. was the lowest responsive bidder of the following bids:

EIDIM $16,293.80
Lexicon $16,681.75
Cal Interpreting $19,249.00
Accordingly, the cost for the equipment and headsets will be a one-time expense of $16,293.80.

English Closed Captioning for English Live Stream Viewers As part of our agreement with PrimeGov, the City’s new agenda management software being implemented in July 2022, the English live stream of the Mayor and City Council meetings includes a closed captioning service. This cloud-based automated live closed captioning feature, powered by YouTube, offers greater accessibility and transparency for constituents. Utilization of this service avoids having to contract with an outside vendor, which provides cost savings to the city.

English Closed Captioning for Cable Viewers
Inland Empire Media Group (IEMG) assisted staff in finding a vendor to provide closed captioning services to cable channel viewers, as requested by the Mayor and City Council. This service would allow for the hearing-impaired audience to view real-time closed captioning not only of the Mayor and City Council Meetings, but all other city meetings and programming aired through our cable channel, with an option for in-Zoom Application Programming Interface (API).

IEMG staff obtained quotes for the English closed captioning system and has determined the cost of the equipment will be a one-time expense of $54,625.00. The system selected integrates into the current on-air playback system and the vendor

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selected by IEMG is the only company that provides this service. Approval of this purchase and procurement process is also consistent with Section 3.04.010 B(3) of the City’s Municipal Code (Approval By Mayor and City Council). 2021-2025 Key Strategic Targets and Goals
Approval of Spanish Interpretation Services and Equipment and Closed Captioning Software aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan, to allow a larger portion of City of San Bernardino citizens an opportunity to participate in city business, increasing accessibility and transparency.

Fiscal Impact
The total cost of live Spanish interpretation services may vary depending on the number and duration of Mayor and City Council meetings per year. The approximate yearly cost for simultaneous Spanish interpreting for Mayor and City Council meetings is $19,200, not to exceed $30,000.

The one-time expense for interpretation equipment and individual headsets is $16,293.80. The one-time expense for the English captioning system for cable viewers is $54,625.00. Total one-time expenditures total $70,918.80.

The cost of interpretation services from Cal-Interpreting Services, Inc. and the interpretation equipment will be paid from the City Clerk’s budget. The funds were budgeted for FY 21-22.

The costs for the English captioning will be paid from IEMG’s budget.

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

1. Authorize the City Manager to execute a Professional Services Agreement with Cal Interpreting Services, Inc., for Spanish interpretation and translation services through January 31, 2024 in an amount not to exceed $30,000.00 annually.

2. Approve the one-time purchase of interpretation equipment and headsets for $16,293.80, in lieu of television monitors outside of Council Chambers.

3. Approve the one-time purchase of English closed captioning software for cable channel viewers in the amount of $54,625.00.

Attachments
Attachment 1 Professional Agreement with Cal Interpreting Services Inc.

Ward: All
Synopsis of Previous Council Actions:

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February 3, 2021 The Mayor and City Council requested that staff bring back options for City Council consideration to allow for interpretation services in Spanish, Vietnamese, and American Sign Language (ASL) at Mayor and City Council meetings.

April 21, 2021 The Mayor and City Council directed staff to bring back a report outlining the feasibility and costs to provide English closed captions for viewers at home, Spanish interpretation voice-over, and televisions near the council chambers for English captions and Spanish interpretation.

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: Adopt Ordinance No. MC-1578 (Amending Chapter 8.60 Sections and Adding Section 8.60.170) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1578, amending various sections of Chapter 8.60 and adding section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks.

Background
The City of San Bernardino is a foothill community, which makes it, and the surrounding unincorporated areas, more susceptible to wildfires. This is one of the reasons illegal fireworks continue to be a concern for residents, and enforcement continues to be a top priority for the San Bernardino Police Department and the San Bernardino County Fire Protection District. Illegal fireworks not only increase the risk of fires but also result in injuries to persons and damage to properties.

There have been two major incidents in Southern California recently, as a result of storing dangerous fireworks illegally, that have prompted cities to reevaluate their municipal code regarding the licensing, sale, use, and storage of fireworks. The first incident was on March 16, 2021, in Ontario, and resulted in the death of two people and over $3 million in property damage to 40 homes. The second incident was in Los Angeles, which occurred on June 30, 2021, and left 17 residents and first responders injured, damaged 22 homes, and destroyed an LAPD bomb squad truck.

On May 4, 2022, the Mayor and City Council introduced, read by title, and waived further reading of Ordinance No. MC-1578. A summary of Ordinance No. MC-1578 has since been published in accordance with the California Government Code. Ordinance No. MC-1578 may now be adopted by the Mayor and City Council.

Discussion
Chapter 8.60 of the San Bernardino Municipal Code (SBMC) regulates fireworks sales and designates certain restrictions on the discharge of fireworks. After reviewing Chapter 8.60 of the SBMC, staff recommend that the current SBMC be amended to include:
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1. Additional language about the use, possession, and storage of fireworks;

2. Additional requirements to obtain a license to sell fireworks; and

3. A new section that specifically addresses fireworks storage in residential areas in the City.

The proposed additions below, if adopted, will bring the City’s Fireworks Chapter of the SBMC in line with California law and make it more effective for Police, Fire, and Code Enforcement to enforce.

Use, Storage, and Possession
Under the current provisions of the SBMC, fireworks designated as “safe and sane” can be sold, with a valid permit, in all areas south of the 210 Freeway within San Bernardino city limits between the hours of 12:00pm on July 1st to 12:00am on July 4th. Additionally, this is the only time during the year that safe and sane fireworks are allowed to be used in the City as all fireworks, even safe and sane, are illegal before July 1st and after July 4 th. However, staff believe this is not clear enough in the current SBMC.

Restrictions on fireworks use and possession are only referenced in a few sections of the Municipal Code while residential storage of fireworks is not referenced at all. Adding additional language throughout the Chapter 8.60 of the SBMC will make the subsections more consistent, which will make the overall chapter easier understand.

Licensing & Operation Requirements
Requiring applicants to provide the City with a current 501(c) (3), (4), (5), (6), (8), (10), (19), (20), or 501(d) verification of nonprofit status will improve authentication of applications and ensure that only nonprofits with a current nonprofit designation receive a license to sell fireworks.

Additionally, requiring the supervisor(s) or manager(s) to be listed on the license and to be present at temporary fireworks stands during operating hours while fireworks are stored and sold, will ensure greater compliance with the requirements in Section

8.60.070. Law enforcement would also have greater ability to track down the responsible party and hold them accountable should any violations occur.

Table 1 below includes the sections of 8.60 that have proposed changes and the impact, if any, the changes would have on residents. Table 2 below includes the proposed new section to Chapter 8.60 and the staff reasoning for the addition.

TABLE 1
Changes to
Existing
Sections
Type of Change Impact on Residents
Section

8.60.010;
Section

8.60.070
Subsection
Additional
language on the
use, storage,
and possession
of fireworks
Residents and visitors will have more specificity
regarding what is unlawful within the City. This will
hopefully protect residents from tragic scenarios like
the explosions that occurred from dangerous fireworks
being stored illegally in the cities of Los Angeles and 12 Packet Pg. 450
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P; and
Section

8.60.130
Ontario.

Section

8.60.030:

Subsection
D Section

8.60.070
License and
operation
requirements
Section 8.60.030: Subsection D - No direct impact on
residents. This minor change will ensure the City is
only issuing permits to organizations with a current
nonprofit designation status. Section

8.60.070 - Requiring that the designated supervisor or
manager be listed on the license and be the person
present at the fireworks stand, at all times, while the fireworks are stored and sold creates greater
accountability and will hopefully lead to less unlawful activity (i.e., selling to minors). If unlawful activity occurs, the person(s) on the permit will be held
responsible and subject to penalties from law
enforcement. This will better protect residents and
ensure fireworks are sold lawfully in the City.

TABLE 2
Proposed New
Section
Staff Reasoning for Addition
Section 8.60.170
Residential
Storage of
Fireworks
The SBMC will be more consistent with the California Health and Safety Code with the addition of this section. More importantly, law enforcement will now be able to cite the SBMC for storage violations and issue Administrative Civil Penalties for storage violations.
2021-2025 Strategic Targets and Goals
The adoption of the amendments to Chapter 8.60 of the SBMC aligns with Key Target No. 3c: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
The consideration of an Ordinance amending Chapter 8.60 of the SBMC has little to no fiscal impact on the General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1578, amending various sections of Chapter 8.60, and adding section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks.

Attachments
Attachment 1 Ordinance No. MC-1578
Ward: All
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Synopsis of Previous Council Actions:

March 16, 2022 Mayor and City Council voted to bring forward an item addressing firework storage and usage within the City of San Bernardino.

May 4, 2022 Mayor and City Council held a public hearing and introduced Ordinance No. MC-1578, amending various sections of Chapter

8.60, and adding section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks.
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Ordinance No. MC-1578
ORDINANCE MC-1578

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING VARIOUS SECTIONS OF CHAPTER 8.60 AND
ADDING SECTION 8.60.170 TO CHAPTER 8.60 OF THE

SAN BERNARDINO MUNICIPAL CODE RELATING TO

FIREWORKS
WHEREAS, on March 22, 2019, Governor Newson declared a Proclamation of a State of Emergency (Executive Order N-05-19) due to the drought conditions that still persist until the present day; and
WHEREAS, at its March 16, 2022, meeting the City Council requested staff to bring forward an item addressing firework storage and usage within the City of San Bernardino; and WHEREAS, the advantages of the City’s residents to purchase and store any type of fireworks, before and during the 4th of July holiday, and store them afterwards in their residences, garages, or out-buildings do not outweigh the safety of the City’s neighborhoods in the City and in mountain communities; and
WHEREAS, the State Fireworks Law (Health & Safety Code, § 12500 et seq.), provides that local agencies may regulate the sale, use, or discharge of fireworks; and WHEREAS, two recent major incidents, in the cities of Los Angeles and Ontario, involving possession and storage of illegal fireworks, which both involved extremely large caches of fireworks stored at residences have led the City Council to regulate the possession and storage of fireworks; and
WHEREAS, at present, Chapter 8.60 of the City’s Municipal Code does not address residential storage of fireworks; and
WHEREAS, the City now wishes to add a section specifically addressing residential storage of fireworks to Chapter 8.60; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

SECTION 2. The opening paragraph of Section 8.60.010 of the San Bernardino Municipal Code is hereby amended to read as follows:
“Safe and Sane fireworks as defined in Section 12529 of the Health and Safety Code of the state may be sold, stored, possessed, and discharged within the City

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Ordinance No. MC-1578
subject to the requirements of this Chapter, except that such sale, storage, possession, or discharge shall not be allowed in the areas depicted on a map entitled “Location of Sales and Discharge of Fireworks” on file in the City Clerk’s Office and incorporated herein by reference, a reduced copy of which is attached to this Chapter.

Such areas are designated as follows:”
SECTION 3. Subsection D of Section 8.60.030 of the San Bernardino Municipal Code is hereby amended to read as follows:
“D. Include a copy of applicant’s current 501(c)(3), (4), (5), (6), (8), (10), (19), (20), or 501(d) verification of nonprofit status, or demonstrate that it is a non-profit organization, group, association, etc., which is organized primarily for veteran, patriotic, welfare, civic or social betterment (including public or private school clubs, groups, organizations or such other public or private school affiliates), or charitable purposes.” SECTION 4. The opening paragraph of Section 8.60.070 of the San Bernardino Municipal Code is hereby amended to read as follows:
“The license entity, the person(s) who signs the application for the license, and the supervisor or manager on the license present in charge of each fireworks stand shall comply and ensure compliance with the following:”
SECTION 5. Subsection O of Section 8.60.070 of the San Bernardino Municipal Code is hereby amended to read as follows:
“O Each stand shall have a person present and designated as supervisor or manager in charge thereof at all times, who is listed on the license, while fireworks are stored or sold therein. Sleeping or remaining in the stand after close of business each day is forbidden.”
SECTION 6. Subsection P of Section 8.60.070 of the San Bernardino Municipal Code is hereby amended to read as follows:
“P. The sale, use, storage, or possession of fireworks shall not begin before twelve noon on the 1st day of July and shall not continue after midnight on the 4th day of July.”
SECTION 7. Subsection A of Section 8.60.130 of the San Bernardino Municipal Code is hereby amended to read as follows:
“A. It is unlawful for any person, organization, group, association, etc., to sell, use, store, or possess any fireworks except during the time period specified in Subsection P of Section 8.60.070.”

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Ordinance No. MC-1578
SECTION 8. Subsection B of Section 8.60.130 of the San Bernardino Municipal Code is hereby amended to read as follows:
“B. It is unlawful for any person, organization, group, association, etc., to sell, use, store, or possess any fireworks at any time in any of the areas described in Section 8.60.010.”
SECTION 9. Subsection C of Section 8.60.130 of the San Bernardino Municipal Code is hereby amended to read as follows:
“C. It is unlawful for any person, organization, group, association, etc., to store, possess, ignite, explode, project or otherwise fire or use, any fireworks, or permit the ignition, explosion, or projection thereof, except during the period specified in Subsection P of Section 8.60.070.”
SECTION 10. Section 8.60.170 to the San Bernardino Municipal Code is hereby added to read as follows:
“8.60.170 Residential Storage of Fireworks
It is unlawful for any person or persons to store any fireworks inside a residence, garage, or structure on residential property in the City.”
SECTION 11. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 12. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 13. CEQA. The City Council finds this Ordinance 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 14. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

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Ordinance No. MC-1578
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 R. Carvalho, City Attorney

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Ordinance No. MC-1578

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-1578, introduced by the Mayor and City Council of the City of San Bernardino, California, at a regular meeting held the 4
th day of May 2022. Ordinance No. MC-1578 was
approved, passed, and adopted at a regular meeting held the ___ day of _________, 2022 by the following vote:

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: Agreement with San Bernardino International Airport Authority (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Law Enforcement Services.

Background
On May 16, 2018, the Mayor and City Council authorized a five (5) year Service Agreement between the City of San Bernardino (City) and the San Bernardino International Airport Authority (SBIAA) for Police Services (2018-2023 Service Agreement). The 2018-2023 Service Agreement provides for eight (8) sworn officers to be assigned to the San Bernardino International Airport (SBIA) and one (1) sworn member of San Bernardino Police Department Executive Staff to serve as a liaison to the SBIAA. The terms of the 2018-2023 Service Agreement are set to expire on June 30, 2023.

On March 8, 2022, SBIAA announced the commencement of air passenger services, in partnership with Breeze Airways, starting August 4th, 2022. As a result of these new air services, additional Law Enforcement Personnel are required to meet the mandatory security obligations outlined by the Transportation Security Administration (TSA). The San Bernardino Police Department (SBPD) has both experience and expertise in providing law enforcement support of Airport operations, where it has provided police services to SBIA for many years. The City is willing and able to provide the additional law enforcement services for SBIAA at rates that cover the actual cost of providing these services.

Discussion
The proposed Law Enforcement Services Agreement (2022 Service Agreement), which has an effective date of May 18, 2022, and lasts for a term of 180 days, is an interim agreement between the City and SBIAA until a longer-term deal can be reached. The 2022 Service Agreement identifies services from the Police Department as follows:
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• SBIAA shall pay for all actual expenses for City services provided during the term of the Service Agreement.
• SBIAA shall pay 100% of the actual fully burdened costs for two (2) Police Officers who will be assigned to the Airport. The fully burdened costs include PERS, healthcare, Medicare, workers’ compensation, certification pay, and all other costs associated with employing a law enforcement officer. This provision applies to both straight-time salary rates and overtime rates.
• SBIAA shall continue to pay 25% of the fully burdened rate of a Police Captain salary as an administrative fee for professional administrative services provided by the City and SBPD to SBIAA. This is in accordance with the terms of the 2018-2023 Service Agreement.
• SBIAA will reimburse the City for the utilization of two marked SBPD patrol vehicles at a rate of $625.00 per vehicle per month. The vehicle fees serve as reimbursement for the costs associated with the purchase of vehicles, vehicle equipment, vehicle maintenance, and fuel. The City will retain full ownership of the vehicles.

Since this is a short-term agreement that will be immediately effective, current officers will be assigned on an overtime basis outside of their forty-hour work week. A long-term agreement will require SBIAA to fund two additional positions for the SBPD. There will be no impact to routine Police operations as a result of the 2022 Service Agreement. 2021-2025 Key Strategic Targets and Goals
A Service Agreement with San Bernardino International Airport Authority to provide law enforcement services synthesizes with Key Target No.3c: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service. Providing law enforcement services for SBIAA helps ensure the safety of City residents who are utilizing the new air passenger services at the airport.

Fiscal Impact
There is no fiscal impact as a result of this Service Agreement. Under the Agreement, SBIAA is reimbursing the City for the actual, fully burdened costs associated with providing law enforcement services.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Law Enforcement Services.

Attachments
Attachment 1 2022 Service Agreement with SBIAA
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Ward: All
Synopsis of Previous Council Actions:

May 16, 2018 The Mayor and City Council adopted Resolution no. 2018-137, approving a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Police Services.

May 20, 2013 The Mayor and City Council adopted Resolution no. 2013-2475, approving a Master Services Agreement between the San
Bernardino International Airport Authority and the City of San Bernardino for Police and Fire related services.

August 20, 2012 The Mayor and City Council adopted Resolution No. 2012-220, authorizing the Mayor and Common Council to execute a Master Services Agreement between SBIAA and the City.
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SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE

SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FOR LAW

ENFORCEMENT SERVICES
This SERVICE AGREEMENT (“Agreement”) is made and entered into this 18th day of May, 2022 by and between the SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, a public entity established pursuant to Government Code Section 6500, et seq. for the joint exercise of powers (“SBIAA”), and the CITY OF SAN BERNARDINO, a charter city under the laws and Constitution of the State of California (“City”), effective May 18, 2022 (the “Effective Date”).

SBIAA and City may hereafter be referred to individually as a “Party” or collectively as “Parties.”

RECITALS
A. The San Bernardino International Airport (“Airport”) is governed by the SBIAA and is located within the jurisdictional boundaries of the City of San Bernardino.

B. The City, through the San Bernardino Police Department (“SBPD”), employs POST-certified sworn peace officers and is the provider of law enforcement and public safety services within the City of San Bernardino.

C. SBIAA desires that the City provide SBIAA with law enforcement services at the Airport.

D. SBPD has experience and unique expertise relating to public safety support at the Airport and has worked on public safety matters involving the Airport for many years.

E. The Parties are authorized to enter into this Agreement pursuant to Sections 6502, 54981, and 55632 of California Government Code and the contractual provisions identified in Exhibit A.

F. The City is willing and able to provide law enforcement services to SBIAA at rates designed to cover only the City’s actual costs associated with providing the services.

NOW, THEREFORE, the Parties hereto agree as follows:

1. Recitals. The Recitals set forth above are true and correct.

2. Effective Date & Term. This Agreement shall commence upon execution (“Effective Date”) for a term of 180 days unless sooner terminated in accordance with the terms of this Agreement.

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3. Provision of Police Services.
a. Police Officers. On the Effective Date, the City will assign two Police Officers to provide general law enforcement services to the Airport. The City will be the sole employer of the Police Officers, who shall work at the discretion of the Chief of Police or his or her designee.

4. Work Schedules. Two Police Officers shall be assigned to work at the airport during TSA operational hours as defined by operational need, with a combined total as up to 80- hours per week, or 40-hours per officer.

5. Future Staffing Needs. The Parties agree that the level of police services may need to be adjusted to accommodate changing law enforcement service needs (e.g., added Airport-based operations, higher rates of Airport calls for service, the addition of passenger flight service, etc.). The Parties agree to cooperate in good faith to adjust the staffing levels as needed.

6. Law Enforcement Services. All law enforcement services and operations will be conducted in accordance with State and Federal law, the City of San Bernardino Municipal Code, and the Policies and Procedures of the SBPD.

7. Jurisdiction. Except where otherwise required by law, SBPD personnel will have full jurisdictional authority for all matters related to law enforcement operations, criminal investigations, and other traditional police-related matters throughout the SBIAA Airport property.

The City acknowledges the jurisdiction of the Air Operations Area (AOA) located within the airside of the SBIAA-owned property, along with certain portions of the Domestic and International Terminals which are explicitly excluded from SBPD’s jurisdictional authority and are collectively referenced herein as the “Federalized” portions of SBIAA-owned property. Within the Federalized portions of SBIAA property, SBPD will work closely with the Director of Aviation, Airport Operations staff, TSA, FBI, FAA, NTSB, federal agents, and other involved agencies during response to emergency or major incidents as a participant in SBIAA’s incident command structure in accordance with SBIAA’s FAA approved Airport Emergency Plan.

8. Cost for Services & Billing.
a. Actual Expenses. The SBIAA shall pay for all actual expenses for City services provided during the term of this Agreement.
b. Administrative Fee. The SBIAA shall continue to pay 25% of the fullyburdened rate (including PERS, healthcare, Medicare, workers’ comp, certification pay, and other costs associated with employing a law enforcement officer) of a Police Captain salary as an administrative fee for professional administrative services provided by the City and SBPD to the SBIAA in accordance with the terms of the 2018-2023 Service Agreement between the Parties.

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c. Police Officers. On the Effective Date, the SBIAA agrees to pay 100% of the actual fully-burdened, straight time salary rate (including PERS, healthcare, Medicare, workers’ comp, certification pay, and other costs associated with employing a law enforcement officer) for the two Police Officers assigned to the Airport. The SBIAA shall pay fully-burdened overtime rates for any time worked by either Police Officer on an overtime basis. The reimbursement rate will be determined by police staffing availability and composition. d. Cost Increases. The SBIAA understands and agrees that the City is contractually obligated through a Memorandum of Understanding to pay salary and hourly pay increases to its Police Officers, and that those actual cost increases will be paid by the SBIAA for the City Police Officers assigned to the Airport.
e. Billing. The City will invoice the SBIAA quarterly with detailed assigned officer staffing rates, with payment in full due net 30.

9. Special Events. The staffing model and associated costs outlined in this Agreement are for basic law enforcement services. If additional City personnel are required to work at the Airport for any special event, the SBIAA will pay the actual costs for such services at the fully-burdened overtime rate. Staffing City employees at such events will be upon mutual agreement of the Parties.

10. Training. Upon the effective date, no less than two assigned Police Officers will be required to complete industry specific training. The SBIAA will pay for all costs associated with required airport training for all assigned Police Officers, including local airport familiarization training (e.g., geographical access points, areas of responsibility, authority within Federal jurisdictions (Airport Operations Area), communication with the air traffic control tower, and familiarization and engagement with Airport management and security) and the POST Aviation Security course (Penal Code Section 832.1). Training costs include course tuition, hotel, mileage, and federal per diem rate.

11. Facilities, Equipment & Vehicles.
a. The SBIAA shall provide Police Officers with access to common area space during assigned shifts, including a conference area, breakroom, kitchen, and non-public restroom facilities.
b. The City will supply all police-related equipment and vehicles to assigned SBPD police officers, including radios and all safety gear. c. Each Police Officer assigned to the Airport will utilize a City-owned marked SBPD police patrol vehicle for use in their duties while assigned to the Airport. The SBIAA agrees to pay to the City $625.00 per vehicle per month for the two City-owned marked SBPD patrol vehicles to be utilized by Police Officers assigned to the Airport. The Parties agree and acknowledge that these vehicle fees serve as reimbursement to the City for the costs associated

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with the purchase of vehicles, vehicle equipment (mobile computer, radio, safety equipment, etc.), vehicle maintenance, and fuel. The Parties further agree and acknowledge that the SBIAA will have no ownership, value, or other interest in any City-owned vehicle as a result of the vehicle payments to the City.

12. Indemnification.
a. To the fullest extent permitted by law, the City agrees to indemnify and hold harmless the SBIAA and its authorized agents, officers, elected officials, volunteers, and employees against all claims or actions arising solely from the City’s intentional or negligent acts or omissions committed during the City’s performance of its obligations under this Agreement.

Upon a finding of liability hereunder, the City shall pay all costs or expenses incurred by the SBIAA on account of such liability.
b. The SBIAA agrees to indemnify and hold harmless the City and its authorized agents, officers, elected officials, volunteers, and employees against all claims or actions arising solely from the SBIAA’s intentional or negligent acts or omissions committed during the SBIAA’s performance under this Agreement. Upon a finding of liability hereunder, the SBIAA shall pay all costs or expenses incurred by the City on account of such liability. c. In the event the City and/or the SBIAA is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the City and/or the SBIAA shall indemnify the other to the extent of its comparative fault.
d. The City is and will be an independent contractor at all times and in every respect and not the agent of the SBIAA. Nothing contained herein and no direction or notification from the SBIAA or the City shall be construed so as to create a partnership, joint venture or other relationship between the Parties.

13. Insurance. The City and the SBIAA shall each maintain adequate insurance, or self-insurance for the duration of this Agreement.

14. Termination. This agreement shall terminate 180 days after the Effective Date, unless terminated sooner by either Party upon three (3) months’ written notice.

15. Notice. Any notice to be given pursuant to this agreement by either party to the other shall be given by personal service or shall be deemed given when deposited with the United States Postal Service, first class, postage prepaid, and addressed as follows:

To SBIAA: San Bernardino International Airport Authority Attn: Executive Director
1601 East Third Street

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San Bernardino, CA 92408
To City: City of San Bernardino
Attn: City Manager
290 North D Street
San Bernardino, CA 92401
With copies to:

City of San Bernardino
Attn: City Attorney
290 North D Street
San Bernardino, CA 92401
San Bernardino Police Department
Attn: Chief of Police
P.O. Box 1559
710 North D Street
San Bernardino, CA 92402
Any party may change its address by a notice given to the other party in the manner set forth above. Any notice given personally shall be deemed to have been given upon service and any notice given by certified or registered mail shall be deemed to have been given on the third (3rd) business day after such notice is mailed.

16. Designated Representatives. The City’s City Manager and SBIAA’s Chief Executive Officer shall serve as the Parties’ Designated Representatives for the purposes of this Agreement.

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

18. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

19. Equal Opportunity Employment. The SBIAA and City are equal opportunity employers and will not discriminate against any employee for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or

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Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, promotion, demotion, transfer, recruitment, recruitment advertising, layoff or termination.

20. Entire Agreement. This Agreement, including any exhibits hereto and any incorporated documents, represents the entire understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. This Agreement supersedes in their entirety any and all prior agreements between the SBIAA and the City for law enforcement and public safety services.

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

22. Assignment. Neither party hereto shall assign, or otherwise transfer such party’s rights hereunder, or delegate such party’s duties hereunder, without the prior written consent of the other party hereto.

23. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

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

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

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26. Renegotiation of Agreement. The City and the SBIAA agree that needs may arise for which this Agreement is insufficient, and further agree that effective services are mutually beneficial. Therefore, any provision of this Agreement may be re-opened and renegotiated as the needs to resolve new issues arise. Any such revised provisions shall be finalized in writing and approved by the SBIAA and the City in accordance with each Agency’s approval procedures.

27. Governing Law. This Agreement shall be construed, interpreted, and applied in accordance with the laws of the State of California; venue shall be in San Bernardino County.

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

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

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown.

SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
_____________________________________
Michael Burrows, Chief Executive Officer
_____________________________________
General Counsel

CITY OF SAN BERNARDINO
_____________________________________
Robert D. Field, City Manager
_____________________________________
Genoveva Rocha, CMC, City Clerk
_____________________________________
City Attorney

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EXHIBIT A

STANDARD NONDISCRIMINATION AND AIRPORT OPERATIONAL AND

DEVELOPMENT PROVISIONS FOR CONTRACTS

1. CONTRACTOR for himself/herself/itself and all heirs, personal representatives, successors in interest, and assigns, as a part of the consideration for the Contract to which these Standard Nondiscrimination And Airport Development Provisions for Contracts are attached or made a part (hereinafter, the “Contract”), does hereby covenant and agree as a covenant running with the land, or otherwise operated on the said property described in the Contract for a purpose for which a United States Department of Transportation (“DOT”) program or activity is extended or for another purpose involving the provision of similar services or benefits, CONTRACTOR shall operate such facilities and services in compliance with all requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

2. CONTRACTOR for himself/herself/itself and all personal representatives, successors in interest, and assigns, as a part of the consideration for the Contract, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, and (3) that CONTRACTOR shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

3. CONTRACTOR for himself/herself/itself and all personal representatives, successors in interest, and assigns, as a part of the consideration for the Contract, does hereby covenant and agree as a covenant running with the land that in the event of breach of any of the above nondiscrimination covenants, SBIAA shall have the right to terminate the Contract and to reenter and repossess said land and the facilities thereon, and hold the same as if said Contract had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.

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4. CONTRACTOR shall furnish all accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that CONTRACTOR may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.

5. Non-compliance with Provision 4 above shall constitute a material breach of the Contract and in the event of such non-compliance SBIAA shall have the right to terminate the Contract and the estate thereby created without liability therefore or at the election of SBIAA or the United States either or both said governments shall have the right to judicially enforce these provisions.

6. CONTRACTOR agrees that CONTRACTOR shall insert the above five provisions in any agreement or other contract by which CONTRACTOR grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises.

7. CONTRACTOR assures that CONTRACTOR will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. CONTRACTOR assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. CONTRACTOR assures that CONTRACTOR will require that CONTRACTOR’s covered suborganizations provide assurances to CONTRACTOR that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR 152, Subpart E, to the same effect.

8. SBIAA reserves the right to further develop or improve the landing area of the San Bernardino International Airport (the “Airport”) as SBIAA sees fit, regardless of the desires or view of CONTRACTOR and without interference or hindrance.

9. SBIAA reserves the right, but shall not be obligated to CONTRACTOR to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of CONTRACTOR in this regard.

10. This Contract shall be subordinate to the provisions and requirements of any existing or future agreement between SBIAA and the United States, relative to the development, operation or maintenance of the Airport, including SBIAA’s federal grant assurance obligations as promulgated by the FAA.

11. There is hereby reserved to SBIAA, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation of the Airport.

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12. CONTRACTOR agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises.

13. CONTRACTOR by accepting the Contract expressly agrees for himself/herself/itself and all successors and assigns that CONTRACTOR will not erect nor Contract the erection of any structure or object, nor Contract the growth of any tree on the Premises which would exceed the height limits of Part 77 of the Federal Aviation Regulations, except as specifically shown on construction plans approved in writing by SBIAA following any applicable Federal Aviation Administration review. In the event the aforesaid covenants are breached, SBIAA reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of CONTRACTOR.

14. CONTRACTOR by accepting the Contract expressly agrees for himself/herself/itself and all successors and assigns that CONTRACTOR will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, SBIAA reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of CONTRACTOR.

15. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a).

16. The Contract and all the provisions thereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of the Airport or the exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency.

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Packet Pg. 470 Attachment: 2022Attachment 1 2022 Service Agreement with SBIAA (8959 : Agreement with San Bernardino International Airport Authority (All

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: Accept 2021 Californians for All Youth Workforce Development Program Grant (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to accept and administer the 2021 CaliforniansForAll Youth Workforce Development Program Grant in the amount of $4,169,142 for the grant period July 1, 2022 through June 30, 2024; and authorize the Director of Finance to amend the Fiscal Year 2021/22 Adopted Budget appropriating $4,169,142 in both revenue and expenditures.

Background
The CaliforniansForAll Youth Workforce Program (CYWP) is Governor led initiative administered by California Volunteers designed to partner with public agencies across California. The program is intended to increase youth employment, develop youth interest in and experience towards a career, and strengthen city capacity to address key areas of climate, food insecurity, and local COVID-19 recovery. $150 million was distributed to the 13 largest cities in California and $35 million was made available through a competitive grant process to other agencies in California.

The City submitted a proposal for the grant on February 15, 2022. On April 15, 2022, the City was notified that it was approved for $4,169,142 grant funding to fully fund 17 full-time and 50 part-time positions in Parks, Animal Services, Library, Police, and local community-based organizations (CBOs).

Discussion
The goals of the CYWP are to increase youth employment, develop career pathways, and strengthen local capacity to address key areas of food insecurity, climate, and COVID-19 recovery. The CYWP grant provides full funding for both full and part-time positions for applicants between the ages of 16 and 30 years of age.

COVID-19 has significantly impacted many cities and organizations’ ability to recruit, hire, and retain qualified staff. Therefore, the City sought the CYWP grant as a resource to hire local youth and early career individuals into an entry-level pathway that would provide them with the experience and skills to develop into potential long-term public employees serving San Bernardino or a nearby public agency. The contract term is July 14 Packet Pg. 471
8980

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1, 2022, to June 30, 2024. All positions funded through the CYWP grant will be two-year positions that will conclude upon depletion of grant funding.

The intent is to recruit and train personnel in entry-level positions that could eventually qualify them to advance to permanent positions within the City. For example, the Police Department has successfully utilized positions with progressing responsibility as a pathway to employment as a police officer. Officers have begun their careers as Explorers, progressed to Cadets or Apprentices, and then to Community Service Officers before attending the academy and becoming a Police Officers.

Grant funding will pay for the salaries and associated benefits for 58 positions within City Departments. Additionally, funding has also been approved to pay for 50% of a grant manager’s salary for two years and provide funding to community-based organizations (CBOs) to pay salaries for eight part-time positions for two years. The City will develop an application/proposal and review process within the parameters of the grant to determine which CBOs would be funded.
2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation, and expenditure of the 2021 CaliforniansForAll Youth Workforce Development Program Grant aligns with Goal No. 1.

Improved Operational and Financial Capacity: Implement, maintain, and update a fiscal accountability plan.

Fiscal Impact
The financial impact to the City is $4,169,142 in both revenues and expenditures in the FY2021/22 Adopted Budget. There are no fund match requirements under this grant.

The funds will be allocated to each Department as indicated in the table below and will be appropriated for fiscal years 2022/2023 and 2023/2024 in the biannual budget 14 Packet Pg. 472
8980

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adoption process.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to accept and administer the 2021 CaliforniansForAll Youth Workforce Development Program Grant in the amount of $4,169,142 for the grant period July 1, 2022 through June 30, 2024; and authorize the Director of Finance to amend the Fiscal Year 2021/22 Adopted Budget appropriating $4,169,142 in both revenue and expenditures.

Attachments
Attachment 1 Award Letter
Attachment 2 JB2013 Contract
Ward: All
14 Packet Pg. 473
#CALIFORNIAFORALL CaliforniaVolunteers.CA.GOV
Office of theGovernor
Khydeeja Alam
California Volunteers, Office of the Governor
1400 10th St, Sacramento CA
April 15, 2022
Jeff Kraus
City of San Bernardino
Jeff,
Thank you for submitting your application for the #CaliforniansForAll Youth Jobs Corps on behalf of the City of San Bernardino. This letter is to confirm that your application was approved and that California Volunteers intends to award the City $4,169,142.00 to implement the program with funding availability beginning upon the signing of a contract between the City and California Volunteers and ending no later than June 30th, 2024. Our office looks forward to working with you. Deadline for contract execution submission is May 22, 2022. Please feel free to contact me if you have any questions.

Sincerely,
Khydeeja Alam
External and Legislative Affairs Director, California Volunteers

14.a
Packet Pg. 474 Attachment: Attachment 1 - Award Letter (8980 : Accept 2021 Californians for All Youth Workforce Development Program Grant (All Wards))

2. The term of this Agreement is:

14.b
Packet Pg. 475 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino CaliforniansForAll Youth Workforce Development Program City of San Bernardino
CaliforniansForAll Youth Workforce
Development Program Application
The City of San Bernardino, a proud but under-resourced city of over 220,000 residents, fights for the social and economic well-being of its residents every day. Underrepresented minorities compose over 75% of San Bernardino’s population. By State and regional standards, the city has been disproportionately impacted by the COVID-19 pandemic, not only through public health, but housing, education, employment, and crime as well.

California community college enrollments are down 15%, with the local community college, San Bernardino Valley College, experiencing a decline in enrollment between 20%-25%, primarily due to the adverse impact that the COVID-19 pandemic has had on the San Bernardino community. This educational conduit is the primary means that many members of African American, Hispanic/Latinx, Native American and financially challenged communities climb out of poverty and get on a pathway to socio-economic success. The COVID-19 pandemic has also exacerbated many of the critical aspects of survival for these same communities, including housing insecurity and their ability to obtain affordable housing, as noted by the UCLA Luskin Institute of Inequality and Democracy. Food insecurity, “food deserts,” homelessness and limited access to career and educational pathways plague the youngest and most vulnerable teens and adults in these communities. San Bernardino is applying for the CaliforniansForAll Youth Workforce Development Program grant to address community impacts from COVID-19, change the community narrative, and provide a training pipeline and workforce opportunities for young residents seeking careers in public service.

SECTION 1: PROGRAM GOAL
The City of San Bernardino is an underserved community with many challenges that deter youth employment and opportunities for developing work experience. The data below is from a fiveyear Census comparative profile between 2015 to 2019 that indicates the city falls far below the State and County on many metrics that would promote successful youth development.

California San Bernardino County City of San Bernardino Did Not Complete High School 16.7% 20.1% 30.5%
Percentage Unemployed 36.3% 39% 40.6%
Percentage in Poverty 13.4% 16% 26%
Median Household Income $75,235 $63,362 $45,834
City of San Bernardino
#JP2013 14.b
Packet Pg. 476 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino CaliforniansForAll Youth Workforce Development Program San Bernardino will meet the program goals by recruiting youth between sixteen and thirty years old for positions in the city that offer rewarding pathways and training for future employment beyond the grant period, as well as provide valuable service to help address ongoing impacts from the Covid-19 pandemic and the recovery efforts. The city is requesting $4,169,142.00 in grant funding to support the efforts to recruit, train, and develop high need local youth.

Positions will be filled by four city departments: Library, Parks and Recreation, Animal Services and Police. Leadership from each department, along with the city Human Resources and Finance departments have identified additional need and capacity for entry level positions which will provide training, experience, a defined career path, and meet the criteria listed in the grant application. These areas of youth employment and public service will also strengthen the San Bernardino’s capacity to address key areas of COVID-19 recovery, education, and food insecurity.

Finally, this program aligns with the following City of San Bernardino’s 2021-2025 Strategic Goals:

Strategic Priority 1- Financial Stability
Continuing efforts in grant research for community impact.

Strategic Priority 2- Focused, Aligned Leadership and Unified Community

2.a Develop and implement a community engagement plan.

2.b Build a culture that attracts, retains, and motivates the highest quality talent.

Strategic Priority 3- Improved Quality of Life

3.a Reduce the burden of homelessness through engagement, collaboration, and alignment with other entities.

3.b Develop a customer service initiative.

3.c Constantly evaluate public safety delivery models to enhance quality of service.

SECTION 2: PROGRAM DESIGN
The allocated funds for staffing will be addressing several focused areas identified by CaliforniaVolunteers including local COVID-19 recovery, increasing youth employment, and developing career pathways in the City of San Bernardino. By increasing our staff levels in the four identified city departments, San Bernardino will better be able to move forward with community outreach, public safety, education, and vital programs and services. As a result of the pandemic and ongoing continued emergence from the city’s 2012 bankruptcy, San Bernardino has dedicated its resources to providing basic needed services with bare bones staffing levels. and the need and demand for additional programs and services is great. Funding for this grant would provide the city of San Bernardino resources that would allow the four departments to revitalize service levels, regain public trust, and develop a youth workforce with a potential local employment pool seeking a career of public service. The positions requested are strong introductions to the world of public service. The following is a staff plan identified for the four departments:

The City’s focus for youth employment will be COVID-19 recovery, as well as working with CBO’s to address food insecurity and homeless services. The city has seen an increased demand for food delivery, preparation, and assistance from our unsheltered and aging populations.

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Packet Pg. 477 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino CaliforniansForAll Youth Workforce Development Program COVID-19 RECOVERY
The Library Department will provide opportunities for program participants to develop, coordinate, and lead programs and activities that would engage employees with an interest to develop a background and skills in early childhood education, early literacy and teaching in addition to public library exposure. Remote learning and lockdowns during the pandemic, especially in low income and communities of color have delayed children’s educational and social growth. Expanding community-based education and enrichment programs and engagement will provide growth opportunities missed the past two years.

The Parks, Recreation, and Community Services Department will provide both full and part-time entry level employment opportunities. The pandemic caused many valuable in-person programs offered by this department to be cancelled. Most programming is just beginning to resume. Youth and Teen afterschool programs have been proven to increase community engagement and decrease poor decision-making in the age groups 10-17. By providing effective and interactive programs, program participants would play a part in enhancing the safety of our community.

Each full-time coordinator listed would provide support to supervisors and managers and direct, lead and motivate part time recreation leaders in services that reach all of San Bernardino. In addition, part-time positions provide the youth employed with valuable training and development to engage with the community, create positive interactions with youth throughout the city and engage youth, families, and seniors through events, programs, and services.

Police Department will hire youth to fill entry level positions that will develop the skills necessary for a career in law enforcement. The pandemic accelerated officer retirements, delayed recruitments, and cancelled academies resulting in staffing shortages. At the same time, San Bernardino experienced an increased demand for police services and greater need for staffing increases. One of the most effective hiring pipelines in through police apprentice programs. Each assignment would prepare youth to understand the basic operations of the Police Department and familiarize them with tasks such as creation of police reports, routing of information throughout the department, performing customer service-related tasks, and basic investigative techniques. The youth employed in this position will be well positioned to transition into a career as a Police Officer or to advance into other investigative assignments. Note: None of the positions in the Police Department will place the program participant in any dangerous situations.

Animal Services. During COVID, pets became even more important to the health and well-being of our residents. While many had to stay away from family members during the pandemic, we relied on our pets in our homes to comfort and entertain us. With the number of pets in homes increasing, the need for animal welfare professionals in private veterinary practice, non-profit and public animal shelters as well as other supporting professions, (grooming, pet day care centers, dog behaviorists, etc.) has grown significantly, especially in the Inland Empire. Currently, there are not enough professionals to keep up with demand, including veterinarians and registered veterinary technicians. Animal shelters and animal control agencies are a pathway into permanent, well-paying professions in the veterinary field. In shelter attendant positions, youth will learn about proper animal care and handling, disease prevention and disinfection as well as an introduction to animal body language and positive training techniques. As an assistant to our

14.b
Packet Pg. 478 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino CaliforniansForAll Youth Workforce Development Program Animal Control Officers, youth will learn about responsible pet ownership and what types of programs help reduce the number of animals coming to shelters. They will also learn customer service skills and how to help pet owners comply with City and State Ordinances. These key roles will provide valuable experiences for program participants to move forward in the industry or seek additional education to relieve the staffing shortages in the industry as well diversify professionals in animal welfare.

CBOs, FOOD INSECURITY, AND HOMELESSNESS
The City of San Bernardino looks to develop a plan for Community Based Organizations that have become allies in efforts to provide COVID-19 recovery to our city. Two areas that are of acute need are addressing food insecurity and homelessness. Both areas of concern have been exacerbated locally directly due to the pandemic, and indirectly, due to unemployment, affordable housing, healthcare, inflation, and mental health services.

The City of San Bernardino would allocate $250,000 of granted monies to be provided to CBOs that have already provided partnerships and efforts in the enhancement of services to our underserved population. The funds would be selected through a screening process which seeks to understand their experience operating effectively during the pandemic, which will be a key indicator for a successful partnership with the City for this grant funded program.

Several local non-profits have expressed interest in participating in the program including Family Services Association, who provide over 600 meals daily to city residents, as well as The Salvation Army, Mary’s Mercy Center, Step Up on 2nd Street, and Lutheran Social Services, who contract with the city for comprehensive homeless outreach and solutions.

YOUTH EMPLOYMENT ACTIVITIES
The City has worked with staff to identify the aforementioned positions that will increase youth employment, develop career pathways, provide experience for careers in public service, and strengthen City capacity to address key areas of COVID recovery, education, public safety, and food insecurity. Identified opportunities for the grant are based upon insights from the departments’ familiarity with services that will serve disproportionately impacted communities and the goals of the San Bernardino 2021-2025 Strategic Plan.

The proposed start date for programming is July 1, 2022.

SECTION 3: YOUTH RECRUITMENT/DEVELOPMENT
San Bernardino will use traditional HR hiring methods in addition to host youth employment job fairs, community outreach, and an extensive marketing campaign on social media platforms.

The city will offer program participants job readiness training, including quarterly workshops focused on leadership development and networking opportunities. There will be opportunities for case management to be offered if a participant is in need. The City’s Human Resources Department is committed to working with these youth participants to meet their needs as they arise with any necessary wrap around services. Services will be provided by City Departments in addition to external sources via webinars and in person trainings.

14.b
Packet Pg. 479 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino CaliforniansForAll Youth Workforce Development Program The proposal envisions 58 full and part-time (50%) contract positions as well as 8 part-time CBO positions with a pay range from $15 to $27 per hour plus benefits. Administrative costs of $80,000 will be used to pay partial salary for a program coordinator. Program participants are anticipated to serve in their role for one to two years. Full-time employees will be paid based on the position’s salary and benefits outlined in the budget worksheet.

SECTION 4: METRICS/OUTCOMES
The City of San Bernardino is well positioned to provide all the required metrics listed by CaliforniaVolunteers with the hiring of a program administrator to oversee the data collection and reporting of metrics. The city will also track the number of participants that successfully advance positions during the grant period.

SECTION 5: BUDGET/STAFFING/COMMUNICATIONS
As mentioned in Section 4, the City of San Bernardino will add one Program Coordinator contract position, who will serve as administrator to oversee and coordinate the staffing of this program in our city departments. Additionally, the Program Coordinator will work with subgrantees to collect the data from the subgrantees employees. The table below illustrates where we propose distributing staff for the city and subgrantees based on funding available over time.

City of San Bernardino
Departments
Food
Insecurity
Climate
Resiliency
COVID 19 Recovery
Efforts
Cost of Staffing
Library 6 $201,504.00
Parks and Recreation 8 26 $1,756,889.00
Animal Services 6 $769,151.00
Police 12 $1,111,598.00
CBO’s* 8 $250,000.00
Administrative Costs $80,000.00
Total (66) 8 0 58 $4,169,142.00
*The City will solicit applications to identify CBO’s that will receive grant funding.

The City of San Bernardino commits to using CaliforniaVolunteers developed branding for this program as well as participating in CaliforniaVolunteers-organized trainings/curriculum if asked.

The City of San Bernardino is interested in participating in a program launch media event with CaliforniaVolunteers.

In closing, it is important to reiterate the positive impact that the CaliforniansForAll Youth Workforce Development Program grant can have in San Bernardino. Our youth and young adults experience unemployment, “under-employment,” housing insecurity, food insecurity, limited access to education, training and vocational programs, and those young adults navigating the transition from the foster youth system, Program participants stand to make tremendous gains through this program. The experience, networking and job development opportunities that will be created with this program will not only be life changing but possibly life-saving in some instances. The City of San Bernardino respectfully requests your support and approval of our application for the CaliforniansForAll Youth Workforce Development Program grant.

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Packet Pg. 480 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program Applicant: City Of San Bernardino
Items Description Calculation # of Years Total Budget
Administrative Costs 50% of Grant Manger Time $40,000 2 $ 80,000.00 Total $ 80,000.00
# Requested Hourly Salary # of Hours # of Years # of Employees Total Hours Total Budget Community Service OFC. (FT) $22 2080 2 6 24960 $549,120 Recreation Coordinator (FT)-Grants $27 2080 2 1 4160 $112,320 Recreation Coordinator (FT)-Special Needs/Camps $27 2080 2 1 4160 $112,320 Recreation Coordinator (FT)-Special Events $27 2080 2 1 4160 $112,320 Recreation Coordinator (FT)-Nutrition/ $27 2080 2 1 4160 $112,320 Animal Shelter Attendant $18 2080 2 4 16640 $299,520
Animal Services Representative $18 2080 2 2 8320 $149,760 Total 14560 2 16 66560 $1,447,680
# Requested Hourly Salary # of Hours # of Years # of Employees Total Hours Total Budget Police Apprentice (PT) $18 1000 2 6 12000 $216,000
Recreation Leader (PT)-Teens/Outdoor Rec $17 1000 2 5 10000 $170,000 Recreation Leader (PT)-Events/Camps $17 1000 2 5 10000 $170,000 Recreation Leader (PT)-Nutrition $17 1000 2 5 10000 $170,000 Recreation Leader (PT)-Mobile Rec $17 1000 2 5 10000 $170,000 Recreation Leader (PT)-Aquatics $17 1000 2 10 20000 $340,000 Library Program Assistant $16 1000 2 6 12000 $192,000
CBO Partner Positions $15 992 2 8 15872 $238,080
Total 7992 2 50 99872 $1,666,080
Items Description Calculation Total Budget
Pers (Pension) 10.69% $154,757 $154,757
Worker's Compensation 3.50% $50,669 $50,669
Unemployment 0.30% $4,343 $4,343
Medicare 1.45% $20,991.36 $20,991
Health Care Monthly Cost Per Employee $1,724.00 $662,016.00 $662,016 Total $892,776
Items Description Calculation Total Budget
Worker's Compensation 3.50% $58,313 $58,448
Medicare 1.45% $24,158 $24,158
Total $82,606
Items Description Calculation Total Budget % Allocation Cross Check $ -
Total $ - 0.0%
Total Budget Request $ 4,169,142
Total # of Fellows 66
Partner (The City will seek applicants) Status (Proposed or Secured) Contractual Amount Possible Partners Proposed
Goodwill of San Bernardino Proposed
Akoma Community Center Proposed
Reaching New Heights Proposed
Arts Connection Proposed
Total
List of Partners
IV. Program Wrap-Around Services (Not to Exceed 40% of Total Award) III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs-Full Time CaliforniansForAll Youth Workforce Program (Revised 5-10-2022) II. CaliforniansForAll Youth Workforce Fellows - Wage-Full Time I. Administration (Must Not Exceed 10% of Direct Award Amount) II. CaliforniansForAll Youth Workforce Fellows - Wage-Part Time III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs-Part Time City of San Bernardino
#JP2013
Exhibit B Budget Detail 14.b
Packet Pg. 481 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth City of San Bernardino
Agreement #JP2013

EXHIBIT B
Budget Payment Provisions
California Volunteers,
CaliforniansForAll Youth Workforce Development Program
and City of San Bernardino

Page 1 of 1 ends

BUDGET PAYMENT PROVISIONS

1. Invoicing and Payment
a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
b) Invoices shall include the Agreement Number and shall be submitted via PDF to [email protected].

2. Budget Contingency Clause
a) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

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Packet Pg. 482 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino
#JP2013
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
Outcome and Output Reporting
All CaliforniansForAll Youth Jobs Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program.

Reporting Metrics
Grantees will be required to report the following metrics on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers. These metrics are subject to change, depending on the California Department of Finance’s review and approval:
• Required by Department of Treasury:
o Number of workers enrolled in sectoral job training programs o Number of workers completing sectoral job training programs o Number of people participating in summer youth employment programs
• Output: Total number of youth employed; number of hours of employment
• Outcome: Percentage of participants who enroll in higher education or gain employment following program end; Number of industries served; Disadvantaged areas served
Additionally, CaliforniaVolunteers requires cities to report the following data, where feasible, on a quarterly and annual basis to CaliforniaVolunteers in a format and method to be specified by California Volunteers. • Number of youth participating in program
• Number of youth employed in each focus area
• Number of youth enrolled in job training/readiness programs • Number of youth completing job training/readiness programs • Number of youth participating in summer program (if applicable) • Average wage and hours worked of participants across program Information/data/member stories as requested for annual report • Does this project serve an economically disadvantaged community? • Number of youth employed in program who were previously unemployed

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Packet Pg. 483 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino
#JP2013
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
• Number of youth who complete full program (1 year or summer program) • Percentage of youth employed in program who remain in college or stable employment
• Percentage of youth employed after completion of program • Percentage of youth who report job satisfaction after one year of employment, as reported by a survey
• Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey
• Percentage of youth employed in public service after one year of employment
• Job training evaluations
Reporting Deadlines:

Report Reporting Period Partner Reports Due
1 (if applicable) Award Date – December 31, 2021 January 10, 2022 2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.

Reporting Process:

California Volunteers will be providing a comprehensive reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.

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Packet Pg. 484 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino
#JP2013
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
Invoicing
This grant is a cost-reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment. Grantees have the discretion to invoice monthly or quarterly. However, California Volunteers will not allow invoices for periods in excess of three months due to the need to provide quarterly financial reporting to the California Department of Finance, as well as the federal government, over the use of State Fiscal Recovery Funds (SFRF), federal stimulus funding.

Invoicing Deadlines:

Grantees have the discretion to invoice monthly or quarterly. If monthly, invoices should be submitted by the 15th of the following month. If quarterly, invoices should be submitted with the financial report no later than the due date identified in the financial reporting deadlines below.

Financial Reporting Metrics:

Grantees will be required to report quarterly on expenditures and unliquidated obligations associated with the grant. As such, grantees will be required to provide the following:
• Expenditure Amounts
o Cumulative Expenditures (prior cycles)
o Expenditure Adjustments (+/-) prior cycles
o Expenditures (Current Cycle)
o Total Cumulative Expenditures
• Obligation Amounts
o Remaining Obligation
o Total Cumulative Expenditures
o Total Cumulative Expenditures + Obligation
o Award Amount
• Notes (if applicable)
These metrics are subject to change, depending on the California Department of Finance’s review and approval.

14.b
Packet Pg. 485 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino
#JP2013
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Financial Reporting Deadlines:

Report Reporting Period Partner Reports Due
1 Award Date – December 31, 2021 January 10, 2022
2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.

Reporting Process:

California Volunteers will be providing a comprehensive financial reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.

14.b
Packet Pg. 486 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino
#JP2013
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
State Fiscal Recovery Funds
This program leverages 100% State Fiscal Recovery Funds. Grantees leveraging this funding are required to follow specific terms and conditions, reporting requirements, guidance, etc. associated with these funds. The requirements for the use of these funds are incorporated in their entirety through the inclusion of the links to specific resource pages in this Exhibit (see below). This includes links and attachments referenced on the following pages.

Resources:
• Coronavirus State and Local Fiscal Recovery Funds:
https://home.treasury.gov/policy-issues/coronavirus/assistance-for-statelocal-and-tribal-governments/state-and-local-fiscal-recovery-funds • State Fiscal Recovery Fund: https://www.dof.ca.gov/budget/COVID19/State_Fiscal_Recovery_Fund/ • State Fiscal Recovery Fund Reporting Portal:
https://www.dof.ca.gov/budget/COVID19/State_Fiscal_Recovery_Fund_Reporting_Portal/ Through execution of the contract, grantees agree to follow the rules, guidance, regulations, and terms and conditions as outlined in the above links, as well as any other requirements and policies outlined throughout the exhibits of the executed contract.

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Packet Pg. 487 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino
#JP2013
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Programmatic and Fiscal Document Retention
In line with State and Federal requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold them available for audit and inspection by the State or Federal Government for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source.

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Packet Pg. 488 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: ENA Between San Bernardino and Richman Group for Secombe Lake Park (Ward 1)
Recommendation
Approve the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and The Richman Group, LLC for the development of a 4-acre portion of Seccombe Lake Park at the northwest corner of Sierra Way and 7th Street; and Determine that the ENA is categorically exempt from the California Environmental Quality Act (“CEQA”).

Background
By quitclaim deed dated December 5, 1991 and recorded on January 15, 1992 in the Official Records of the County of San Bernardino as No. 92-016139, the State of California (the “State”) conveyed nine (9) specific parcels, known as Seccombe Lake Park (the “Park”), to the City of San Bernardino, with the condition that it be used only for park purposes in perpetuity, unless the State Legislature, by specific act, permitted other uses, sale or disposition of the property.

On September 30, 2006, Governor Arnold Schwarzenegger signed Assembly Bill No. 1457 (“AB 1457”) into law, which allowed the City to sell up to 12.5 acres of the Park (the “12.5-Acre Portion”) to the City’s Redevelopment Agency (“RDA”).

The conditions of sale of the 12.5-Acre Portion for private development, as dictated by AB 1457, are as follows:

1. The City and RDA must prepare a detailed land plan showing which specific parcels of the 12.5-Acre Portion will be sold (the “Land Plan”) and which properties elsewhere in the City will be acquired or developed or both with the proceeds of such sale (the “Replacement Park Land”);

2. The Land Plan must show and the City and RDA must ensure that there is no net loss in Park acreage as a result of implementation;

3. For portions of the Replacement Park Land owned by the City or RDA as of January 1, 2006, the City shall, prior to transfer of title of any portion of the Park to the RDA, submit to the State (a) evidence of compliance with the Public Park 15 Packet Pg. 489
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Preservation Act of 1971 (Chapter 2.5 (commencing with Section 5400) of Division 5 of the Public Resources Code), including a copy of the recorded deed and title policy for, and map of, the Replacement Park Land, and (b) a revised map of the Park showing revised acreage;

4. For portions of the Replacement Park Land not owned by the City or RDA as of January 1, 2006 but to be owned within two (2) years after sale of all or a portion of the 12.5-Acre Portion, the City and RDA shall acquire fee title and develop for park purposes the Replacement Park Land within reasonable proximity to the Park to be used exclusively for park purposes;

5. The City shall conduct a public hearing before the City Council to review the Land Plan and take public comment;

6. The City or RDA, prior to closing any real property transactions under the Land Plan, shall submit to the State an independent appraisal (which shall be a public document) of the 12.5-Acre Portion (or any portion thereof) to be sold and the Replacement Park Land; and

7. The City shall reimburse the State for any costs or expenses associated with their review and approval of the appraisal, conveyance, and acquisition documents.

As part of the 2011 Budget Act, the State Legislature dissolved the State’s 400-plus RDAs, and after a period of litigation, RDAs, including the City’s RDA, were officially dissolved as of February 1, 2012. To help facilitate the wind-down process at the local level, successor agencies (“SAs”) were established to manage redevelopment projects currently underway, make payments on enforceable obligations, and dispose of redevelopment assets and properties. Each SA has an Oversight Board (OB) that supervises its work.

On January 9, 2012, by Resolution No. 2012-12, the City agreed to serve as the SA for the RDA and therefore, as the SA, has fee ownership and possession of the Park and the 12.5-Acre Portion within it.

On September 6, 2020, the City (as SA) published a Request for Qualifications (RFQ F21-06) (the “RFQ”), seeking qualified developers to develop the first phase of a proposed affordable housing project (the “Project”), located on approximately four (4) acres of the 12.5-Acre Portion of the Park (the “4-Acre Portion”), on the northwest corner of Sierra Way and 7th Street (the “Property” or the “Site”), generally depicted in Exhibit “A” attached to the ENA.

On October 19, 2020, The Richman Group, LLC (“Richman”) submitted a response to the RFQ, and City staff ultimately selected Richman as the developer of choice for the 4-Acre Portion. The ENA is the City’s formalization of that selection.

Through November and December 2020, the City exchanged correspondence with the 15 Packet Pg. 490
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State (specifically, the Office of Grants and Local Services (“OGALS”) with respect to the Project Site and the City’s ability to move forward with the Project absent additional legislation. On or about April 19, 2021, OGALS notified the City that the City may sell the Property for private development without pursuing new legislation separate and apart from AB 1457. In that same letter, OGALS also requested that the City (i) provide it with a copy of the draft ENA; and (ii) “provide public notice of [the ENA] with the developer.”
On March 22, 2022, the City had a teleconference with various representatives of the State, including from OGALS and the Department of General Services to discuss the documents and information necessary for delivery by the City to comply with state law and AB 1457.

On March 25, 2022, the City delivered the draft ENA (which is the same as the ENA attached hereto as Attachment 1) to certain representatives of the State who attended the March 22 teleconference. The City requested that the State provide comment to the ENA by April 13, 2022. The City received no comment by that date or by any date.

On May 13, 2022, pursuant to the Brown Act, the City published notice of the agenda for the City Council meeting to be held on May 18, 2022 (the “Agenda”). The Agenda included this staff report and Attachment 1.

The City intends to issue a Request for Qualifications for the remaining 8.5 acres of the

12.5-Acre Portion at some time in the near future (the “8.5-Acre RFQ”).

Discussion
The following are the material terms of the ENA with Richman:
• The term (i.e. Negotiation Period) of the ENA is 180 days (with the possibility of further extension up to 1 year by mutual agreement of the parties); provided, however, that the time will be tolled from the date the City the 8.5- Acre RFQ until the date a developer is selected by the City to develop that portion of the Property (the “RFQ Tolling”).
• The City can extend the Negotiation Period administratively for any length of time up to one (1) year from the end of the Negotiation Period by mutual written agreement of the parties. Once an extension seeks to pass that 1-year mark, that extension (and all further extensions) must be approved by City Council.

• Richman shall pay to the City a deposit of $25,000 as consideration for the City’s agreement not to negotiate with other parties on the 4-Acre Portion.

The City will use the deposit to defray its costs in negotiating with Richman and preparing a Purchase and Sale Agreement or Disposition and Development Agreement or some other definitive agreement to transfer and develop the Property (“Definitive Agreement”). Each extension of the Negotiation Period costs the Developer $10,000.
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Mayor and City CouncilMay 18, 2022

Mayor and City Council
May 18, 2022