1.0 INTRODUCTION
1.1 PUBLIC REVIEW DRAFT ENVIRONMENTAL IMPACT REPORT
In accordance with State California Environmental Quality Act (CEQA) Guidelines §§ 15120 through 15132 and § 15162, the City of San Bernardino prepared a Draft EIR (DEIR) for the BNSF Ono Lead Track Extension Project (Project) (SCH No. 2021030193). The DEIR was made available for review and comment to the public, responsible and trustee agencies, interested groups, and organizations for a 45-day period that occurred between March 8, 2021 and April 22, 2021. The DEIR was also made available directly to State agencies through the State Clearinghouse, Office of Planning and Research.
1.2 FINAL ENVIRONMENTAL IMPACT REPORT
Before approving a project, CEQA requires that the Lead Agency prepare and certify a Final Environmental Impact Report (FEIR). The contents of an FEIR are specified in State CEQA Guidelines § 15132, as follows:
(a) The draft EIR or a revision of the draft.
(b) Comments and recommendations received on the draft EIR either verbatim or in summary. (c) A list of persons, organizations, and public agencies commenting on the draft EIR. (d) The responses of the Lead Agency to significant environmental points raised in the review and consultation process.
(e) Any other information added by the Lead Agency.
The FEIR allows the public and Lead Agency an opportunity to review DEIR revisions, the comments and responses, and other EIR components, such as the Mitigation Monitoring and Reporting Program (MMRP), before Project approval. The FEIR serves as the environmental document to support a decision on the proposed Project. This FEIR document is organized as follows:
▪ Section 1.0: Introduction,
▪ Section 2.0: Comment Letters and Responses,
▪ Section 3.0: Errata to the DEIR, and
▪ Section 4.0: Mitigation Monitoring and Reporting Program.
It is noted, none of the corrections/clarifications identified in this FEIR constitute “significant new information” pursuant to State CEQA Guidelines § 15088.5. The new information added merely clarifies/amplifies and makes insignificant modifications to the DEIR. The corrections/clarifications do not involve changes in the Project or environmental setting, or significant new information. They do not result in a new impact or substantial increase in the severity of an environmental impact identified in the DEIR.
No new or substantially different mitigation measures than those identified in the DEIR are required.
Moreover, the new information does not affect the DEIR’s overall conclusions. Therefore, recirculation of the DEIR is not warranted.
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Final Environmental Impact Report Introduction
October 29, 2021
Pursuant to State CEQA Guidelines § 15090, prior to approving a project, the Lead Agency must certify that:
1. The Final EIR has been completed in compliance with CEQA;
2. The Final EIR was presented to the decision-making body of the Lead Agency, and that the decision-making body reviewed and considered the information in the Final EIR prior to approving the Project; and
3. The Final EIR reflects the Lead Agency’s independent judgment and analysis.
These certifications, or “Findings of Fact,” are included in a separate Findings document. Both the FEIR and the Findings will be submitted to the Lead Agency for consideration of the proposed Project.
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Final Environmental Impact Report Comment Letters and Responses October 29, 2021
2.0 COMMENT LETTERS AND RESPONSES
2.1 LIST OF PUBLIC AGENCIES, PERSONS, AND ORGANIZATIONS
COMMENTING ON DEIR
In accordance with State CEQA Guidelines § 15132, the public agencies, and persons and organizations commenting on the Draft Environmental Impact Report (DEIR) are listed in Table 2-1: List of Commenting Public Agencies and Persons and Organizations. As indicated in Table 2-1, comments on the DEIR were received from four public agencies and one organization.
TABLE 2-1: LIST OF COMMENTING PUBLIC AGENCIES AND PERSONS AND ORGANIZATIONS No.
1 Date Author Author Title Agency
Public Agencies
1 March 29, 2021
(accessed) Not Applicable Not Applicable
State of California
Governor’s Office of Planning and Research
State Clearinghouse and Planning Unit
2 March 26, 2021 Andrew Thompson Lieutenant State of CaliforniaHighway Patrol San Bernardino Area
3 March 26, 2021 Margaret Isied Air Quality Specialist South Coast Air Quality Management District 4 March 9, 2021 Michael R. Perry Supervising Planner County of San Bernardino Environmental Management Division
Persons and Organizations
5 April 23, 2021 Alma Marquez Executive Director Center for Community Action and Environmental Justice
City of San Bernardino Staff Note to File
6 April 23, 2021
Note:
1. For ease of reference, each letter has been consecutively numbered, as indicated in this table. The responses are also numbered and correlated to each comment letter.
2.2 COMMENT LETTERS AND RESPONSES
In compliance with State CEQA Guidelines § 15132, this Section includes all of the comments received on the DEIR, along with the City of San Bernardino’s responses to significant environmental points raised by those comments. The comments are grouped according to author (i.e., Public Agencies, and Persons and Organizations). Each individual comment letter listed in Table 2-1 is reproduced on the following pages.
Each letter and the individual comments in each letter have been consecutively numbered for ease of reference. Following each comment letter, a response is provided for each comment raising substantive environmental issues. The responses are numbered and correlated to the bracketed and identified portions of each comment letter.
Responses may include text revisions to clarify or amplify information in the DEIR, as a result of environmental points issues in the comments, or as requested by the Lead Agency. A response to a comment requiring DEIR revisions presents the relevant DEIR text in a box, with deleted text indicated by strike through and added text indicated by double underline, as follows:
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Deleted DEIR text Added DEIR text
FEIR Section 3.0: Errata to the Draft EIR also includes a summary of the DEIR text revisions, according to DEIR Section.
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Letter No. 1 – State Clearinghouse
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RESPONSE TO COMMENT LETTER NO. 1
State of California Governor’s Office of Planning and Research, State Clearinghouse (SCH) CEQAnet
AccessedMarch 29, 2021
1-1 This letter acknowledges that the State Clearinghouse submitted the DEIR to selected State agencies for review and that the DEIR review period closed on April 22, 2021. The letter also acknowledges that the Lead Agency, City of San Bernardino, complied with the public review requirements for draft environmental documents pursuant to CEQA. As such, no further response is necessary.
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Letter No. 2 –California Highway Patrol, San Bernardino Area
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RESPONSE TO COMMENT LETTER NO. 2
Andrew Thompson, Lieutenant
California Highway Patrol, San Bernardino Area
March 26, 2021
2-1 This comment letter statesthatthe Project is not expected to result in impacts to California Highway Patrol San Bernardino Area’s local operations and/or public safety. The comment also provides contact information. This comment letter does not address the DEIR’s adequacy or raise a significant environmental issue. As such, no further response is necessary.
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Letter No. 3 –South Coast Air Quality Management District
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Final Environmental Impact Report Comment Letters and Responses October 29, 2021
RESPONSE TO COMMENT LETTER NO. 3
Margaret (Maggie) Isied, Air Quality Specialist
South Coast Air Quality Management District
March 26, 2021
3-1 This comment letter includes a request from the South Coast Air Quality Management District’s (South Coast AQMD) for an electronic copy of the Project’s live air quality files and supporting documentation, in order to complete a review of the air quality analysis. This comment letter does not provide further comment as to the DEIR’s adequacy or raise a significant environmental issue. As such, no further response is necessary. As such, no further response is necessary.
On April 2, 2021, Kimley-Horn provided an electronic copy of the Project’s live air quality files and supporting documentation to the South Coast AQMD, and on the same day, the South Coast AQMD confirmed receipt;see Comment Letter No. 3 Attachment A.
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Letter No. 4– County of San Bernardino
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RESPONSE TO COMMENT LETTER NO. 4
Michael R. Perry, Supervising Planner
County of San Bernardino Environmental Management Division March 9, 2021
4-1 This letter acknowledges that the City of San Bernardino is asking for comments in the Notice of Availability (NOA) for the DEIR. The comment letter instructs County of San Bernardino (County) staff to review the Final EIR and provide any comments pertinent to their area of interest. The comment letter also provides a project description, location summary, andlists details on how to submit comments. This comment letter does not address the DEIR’s adequacy or raise a significant environmental issue. As such, no further response is necessary.
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Letter No. 5 – Center for Community Action and Environmental Justice
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RESPONSE TO COMMENT LETTER NO. 5
Alma Marquez, Executive Director
Center for Community Action and Environmental Justice
April 23, 2021
5-1 This comment is introductory, as it communicates that the Center for Community Action and Environmental Justice (CCAEJ) has reviewed the DEIR and has concerns about how the Project would impact the community and a number of issues that remain unaddressed. This comment does not specifically state the concerns or issues, as such no further response is necessary. 5-2 This comment expresses the CCAEJ’s concern that the Project would require partial and full property acquisitions, including 43 occupied residential dwelling units (DU), outside the BNSF corridor. The comment also claims that the residential property acquisitions would exacerbate displacements in “a community which is already facing strain due to rising rents and the impacts of the pandemic which have led to stratospheric increases in housing prices in the Inland Empire.”
Property acquisitions resulting from the proposed Project are discussed in DEIR Section 2.5.6:
Property Acquisitions. As discussed in DEIR Section 2.5.6, as many as 43 residential DU (36 single-family DU and seven multi-family DU) and approximately 78,000 SF of non-residential floor area would be acquired and removed with Project implementation.
Thus, the proposed Project would displace approximately 149 persons. It is noted, the DEIR conservatively assumes and analyzes full property acquisition for each residential property. It is also noted, none of the residential properties that would be acquired/removed are designated as affordable housing or identified as an opportunity site in the City’s 5 th Cycle
2013-2021 Housing Element. Preparation of the City’s 6th Cycle 2021-2029 Housing Element is underway, with adoption anticipated in the spring of 2022. None of the residential properties that would be acquired/removed as part of the Project are designated as affordable housing or identified as an opportunity site in the City’s 6 th CycleHousing Element.
Pursuant to CEQA requirements, DEIR Section 4.12: Population and Housing, addresses the Project’s potential impacts concerning the displacement of existing people and housing, and the need for construction of replacement housing elsewhere. As discussed in DEIR Section 4-12 (Pages 4.12-11 and 12), under the California Relocation Assistance Law (Government Code §§ 7260.5(b) and 7262), BNSF is required to provide fair and equitable treatment relocation assistance to property owners displaced as a result of condemnation.
The law aims to minimize the hardship of displacement on these persons. The relocation assistance addresses costs associated with reasonable expenses for moving the property owner’s personal property, along with any losses of personal property that could not be relocated and reasonable expenses in searching for replacement property in which to locate the equipment. Relocation expense payments would be in addition to the condemnation compensation for the value of the acquired property, to the extent that items are not included within other portions of the condemnation award (Government Code §§ 7270 and 7272.5).
For each of the displaced properties, BNSF would administer relocation assistance and implement payments pursuant to Government Code §§ 7260.5(b) and 7262.
Although not required for the Project pursuant to CEQA, BNSF has prepared, at the City’s request, an Environmental Justice Technical Memo (EJTM) to address the community’s
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Final Environmental Impact Report Comment Letters and Responses October 29, 2021
concerns regarding environmental justice. The EJTM found that there would not be a disproportionately high and adverse effect on EJ populations from Project construction or operations. The EJTM is available for review at the City of San Bernardino Planning Department, at 201 North E Street, 3rd Floor, City of San Bernardino, and on the City’s website (http://sbcity.org/cityhall/community_development/planning/environmental_documents.asp.) 5-3 This comment expresses the CCAEJ’s concern with the long-term implications of the Project improving efficiency. The comment further questions how “increased capacity would not be used to increase operations” and questions that “the Project would not lead to additional train traffic in the future.” As stated in the comment, and discussed in DEIR Section 2.0:
Project Description and throughout the DEIR, the Project proposes to improve the A Yard’s operational efficiency (i.e., the flow of trains in and out of the A Yard) by: improving the A Yard’s ability to assemble and hold outbound trains, as well as move around railroad cars without obstructing mainline movements; reducing train congestion along the existing lead tracks; and reducing train idling, as they wait to enter and exit the A Yard. The Project does not propose any changes to BNSF A Yard operations, or to increase capacity, as claimed in this comment. Accordingly, and in compliance with State CEQA Guidelines § 15126, all of the Project’s phases, as described in Section 2.0, were considered in the EIR. Further, the EIR evaluates the Project’s significant environmental effects, including direct and indirect effects, and also considers short- and long-term effects. Should BNSF in the future propose any change to A Yard operations or capacity, such actions would be evaluated, as appropriate, pursuant to CEQA and Interstate Commerce Commission Termination Act (ICCTA) requirements.
1 It is noted, as allowed by ICCTA, BNSF would be permitted to assert preemption concerning any future proposed improvements, whether at the A-Yard or another location.
5-4 This comment reiteratesthe CCAEJ’s concerns as discussedin above Responses 5-2 and 5-3, and their opposition to the Project. This comment also statesthat the community expressed their concerns to the CCAEJ. This comment does not address the DEIR’s adequacy or raise a significant environmental issue. As such, no further response is necessary. 1 The premise underlying preemption pursuant to ICCTA is that federal law has broad jurisdiction over rail service and expressly preempts state and local governments from interfering with that jurisdiction, except very limited local or state regulation is allowed if the regulation is directly concerning public health and safety (i.e., compliance with building and fire codes).
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Letter No. 6– City of San Bernardino Note to File
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RESPONSE TO COMMENT LETTER NO. 6
CITY OF SAN BERNARDINO NOTE TOFILE
April 23, 2021
6-1 As discussed in FEIR Section 1.1: Public Review Draft Environmental Impact Report, the City of San Bernardino prepared a Draft EIR (DEIR) for the BNSF Ono Lead Track Extension Project (Project) (SCH No. 2021030193). The DEIR was made available for review and comment to the public, responsible and trustee agencies, interested groups, and organizations for a 45-day review period that occurred between March 8, 2021 and April 22, 2021.
Subsequent to the DEIR’s 45-day review period and to further minimize property acquisitions, the Reduced Footprint Alternative addressed in DEIR Section 6.2 was slightly modified. The proposed modifications involve vacating (instead of relocating) I Street (Evans Place to 15th Street) and providing knuckles at Evans Place and 15th Street; see Exhibit 6-1g: Reduced Footprint Alternative Segment 7 - 15th Street to 16th Street Modifications, above. These minor modifications to the Reduced Footprint Alternative are hereinafter referred to as the “Modified Alternative.” Except as described below, all other characteristics of the Reduced Footprint Alternative would remain unchanged with the Modified Alternative.
Under the Modified Alternative, acquisition and demolition of Property 32 (APN 0144-183-19- 0000) and acquisition of vacant Property 33 (APN 0144-183-20-0000) would be avoided. Instead, the vacated portions of I Street would be merged with Properties 32 and 33 to provide Property 32 with a private driveway entrance, pursuant to the San Bernardino Municipal Code. The Modified Alternative would result in one less residential DU removal and two less residential property acquisitions and would reduce the Project footprint by approximately 0.21 acre. The Modified Alternative would not change the Project construction schedule.
The analysis provided below has been undertaken to analyze whether the Modified Alternative would result in any new or greater impacts, as compared to those identified in the Draft EIR. As concluded below, the Modified Alternative’s modified roadway improvements and reduced acquisition do not constitute “significant new information” pursuant to State CEQA Guidelines § 15088.5. The Modified Alternative does not involve changes to the Project or environmental setting, or significant additional data. It does not result in any new or substantially greater environmental impacts, as compared to those identified in the Draft EIR. Moreover, the revisions do not affect the Draft EIR’s overall conclusions.
ENVIRONMENTAL ANALYSIS
Construction-related impacts would be slightly less under the Modified Alternative compared to the Project, given the reduced footprint (disturbance area), reduced demolition, and avoidance of the I Street relocation. Impacts concerning various footprint-based environmental resources (i.e., biological resources, cultural resources, geology and soils, paleontological resources, and tribal cultural resources) would be slightly less under the Modified Alternative as compared to the Project given the reduced footprint/slightly smaller disturbance area. As compared to the Project, impacts concerning hydrology would be slightly less under the Modified Alternative given the impervious surface area would decrease slightly by vacating, rather than relocating I Street. Under the Modified Alternative, operational impacts concerning the following resource areas would be
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similar to the Project given retaining one residential dwelling unit and vacating I Street would not notably change Project impacts: aesthetics; air quality; energy; greenhouse gas emissions; hazards and hazardous materials; noise and vibration; land use and planning; population and housing; public services and recreation; and utilities and service systems.
Under the Modified Alternative, the vacated portions of I Street would be merged with Properties 32 and 33; see Exhibit 6-1g: Reduced Footprint Alternative Segment 7 – 15th Street to 16th Street Modifications. Therefore, this analysis addresses emergency access to Properties 32 and 33, as well as nearby properties along Evan Place and 15th Street. This analysis also evaluates whether the Modified Alternative would result in any new or greater impacts, as compared to those identified in the Draft EIR. As depicted in Exhibit 6-1g: Reduced Footprint Alternative Segment 7 – 15th Street to 16th Street Modifications, the Modified Alternative would provide emergency access to Property 32 by relocating the private driveway entrance to the property’s eastern boundary, where the vacated portion of I Street would be merged with Property 32. The Modified Alternative would not alter the existing private driveway entrance to Property 33, which is at 15th Street; therefore, emergency access would not be impacted. The Modified Alternative would also maintain emergency access to properties along 15th Street and Evans Place through knuckles, which provide the required turn radius for fire trucks. The Modified Alternative would not result in reduced emergency access to any properties; therefore, no new or greater impacts would occur compared to those analyzed in DEIR Section 6.2.
As discussed above, since the Modified Alternative’s proposed modifications are nominal, none of the in DEIR Section 6.2 conclusions would change and no text edits are warranted.
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3.0 ERRATA TO THE DRAFT EIR
The responses included in Final EIR Section 2.0: Comment Letters and Responses, may include text revisions to clarify or amplify information in the DEIR, as initiated by the Lead Agency or due to environmental issues raised in the comment letters. Should a response to a comment require DEIR revisions, the relevant DEIR text is presented in a box, with deleted text indicated by strike through and added text indicated by double underlining, as shown in the following example:
Deleted DEIR text Added DEIR text
The comments received (see Section 2.0) did not address the DEIR’s adequacy or raise a significant environmental issue. Therefore, no revisions to the DEIR text were necessary.
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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
4.1 INTRODUCTION
The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring and/or reporting procedures for mitigation adopted as conditions of approval to mitigate or avoid significant environmental impacts. This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor mitigation measures (MMs) outlined in the Ono Lead Track Extension Project (“Project”) Environmental Impact Report (EIR). The Project MMRP has been prepared in conformance with Public Resources Code § 21081.6 and City of San Bernardino(“City”) monitoring requirements. Specifically, Public Resources Code § 21081.6 states:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.
State CEQA Guidelines § 15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during Project implementation. The City of San Bernardino is the Lead Agency for the Project and is therefore responsible for ensuring MMRP implementation. The MMRP has been drafted to meet Public Resources Code § 21081.6 requirements as a fully enforceable monitoring program.
The MMRP is comprised of the Mitigation Program specified in the EIR and includes requirements to implement and monitor the Mitigation Program. The MMRP defines the following for each MM:
▪ Definition of Mitigation. The definition contains the criteria for the MM, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation. ▪ Responsible Party or Designated Representative. Unless otherwise indicated, an applicant would be the responsible party for implementing the MM, and the City of San Bernardino or designated representative would be responsible for monitoring the MM’s performance and implementation. To guarantee that the MM will not be inadvertently overlooked, a supervising public official acting as the Designated Representative is the official who grants the permit or
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authorization called for in the performance. Where more than one official is identified, permits or authorization from all officials shall be required.
▪ Time Frame. In each case, a time frame is provided for the MM’s performance or the review of evidence that mitigation has taken place. The performance points selected are designed to ensure that the Project’s impact-related components do not proceed without establishing that the mitigation is implemented or ensured. All activities are subject to the approval of all required permits from agencies with permitting authority over the specific activity.
Table 4-1: Mitigation Monitoring and Reporting Program is provided on the following pages. The numbering system in Table 4-1 corresponds with the EIR’s numbering system. The table’s “Verification” column will be used by the parties responsible for documenting when the MM has been completed. The City will complete ongoing documentation and MM compliance monitoring. The completed MMRP and supplemental documents will be kept on file at the City of San Bernardino Community Development Department.
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4.2 MITIGATION MONITORING AND REPORTING PROGRAM
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES (MM)
IMPLEMENTATION
TIMING
MONITORING/
REPORTING
METHODS
RESPONSIBLE FOR
APPROVAL/
MONITORING
VERIFICATION
DATE INITIALS
AIR QUALITY
MM AQ-1: Prior to Grading Permit issuance, the construction contractor shall provide evidence to the City of San Bernardino Planning Division and City Traffic Engineer that the following me asures will be implemented during construction:
a) Provide temporary traffic controls such as a flag person, during all phases of construction to maintain smooth traffic flow. b) Provide dedicated turn lanes for movement of construction trucks and equipment both on and off of the Project site.
c) Improve traffic flow by signal synchronization and ensure that all vehicles and equipment will be properly tuned and maintained according to manufacturers’ specifications.
d) Require the use of electricity from power poles rather than temporary diesel or gasoline-powered generators, as feasible. e) Require the use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export) and if the lead agency determines that 2010 model year or newer diesel trucks cannot be obtained the lead agency shall use trucks that meet EPA 2007 model year NOX emissions requirements. Note that CARB’s Truck and Bus regulation specifies that trucks and buses shall be required to have 2010 or newer model year engines by January 1, 2023. f) During Project construction, all internal combustion engines/construction, equipment operating on the Project site shall meet EPA-Certified Tier 4 emissions standards, or higher according to the following:
▪ All off-road diesel-powered construction equipment greater than 50 horsepower shall meet Tier 4 final off-road e missions standards. In addition, all construction equipment shall be outfitted with Best Available Control Technology (BACT) devices Prior to Grading
PermitIssuance
and During
Construction
Provide Evidence
the Specified
Measures Will Be
Implemented
Community and
Economic
Development
Director and City
Traffic Engineer
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TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES (MM)
IMPLEMENTATION
TIMING
MONITORING/
REPORTING
METHODS
RESPONSIBLE FOR
APPROVAL/
MONITORING
VERIFICATION
DATE INITIALS
certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no le ss than what could be achieved by a Level 4 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations.
▪ A copy of each unit’s certified tier specification, BACT documentation, and CARB or South Coast AQMD operating
permit shall be provided at the time of mobilization of each applicable unit of equipment.
▪ During construction, the Construction Contractor shall maintain a list of all on-site operating equipment for City verification. The on-site construction equipment list shall specify the equipment makes, models, and quantities. The reporting and maintenance records for each equipment shall be available for inspection and remain on-site for at least two years after completion of construction.
BIOLOGICAL RESOURCES
MM BIO-1: Prior to construction activity resulting in ground disturbance, a qualified biologist shall conduct a pre-construction presence/absence survey for burrowing owls. Survey re sults shall be provided to the City of San Bernardino for review. The pre-construction survey shall be conducted within 30 days of site disturbance on the Project survey area plus a 500-foot buffer. If the survey determines burrowing owls are absent, the Project may proceed without furthe r restrictions related to burrowing owls. If the survey determines burrowing owls are present, protective measures shall be implemented to ensure compliance with the Migratory Bird Treaty Act (MBTA) and other applicable California Fish and Game Code (CFGC) requirements and include, but are not limited to the following:
a) Occupied burrowing owl habitat shall not be disturbed during nesting season (February 1-August 31) unless a qualified biologist verifies through non-invasive methods that either (1) the birds Within 30 Days of
Site Disturbance
If Survey
Determines
Burrowing Owls Are
Present,
Conduct a PreConstruction
Presence/Absence
Survey For
Burrowing Owls on
the Project Survey
Area Plus A 500-
Foot Buffer.
Prepare a Burrowing
Owl Mitigation
Monitoring Plan
Community and
Economic
Development
Director and
Qualified Biologist
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Packet Pg. 435 Attachment: Attachment 4 - Final Environmental Impact Report (8890 : Resolution Approving Street Ono Lead Track Extension Project Section 4.0
Final Environmental Impact Report Mitigation Monitoring and Reporting Program October 29, 2021
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES (MM)
IMPLEMENTATION
TIMING
MONITORING/
REPORTING
METHODS
RESPONSIBLE FOR
APPROVAL/
MONITORING
VERIFICATION
DATE INITIALS
have not begun egg-laying or incubation or (2) that juveniles from the occupied burrows are foraging independently and are capable of an independent survival flight.
b) If relocation is required, a Burrowing Owl Mitigation Monitoring Plan prepared by a qualified biologist shall be submitted to the City and California Department of Fish and Wildlife (CDFW) for review and approval prior to relocation of owls. The Burrowing Owl Mitigation Monitoring Plan shall describe proposed relocation and monitoring plans. The plan shall include the number and location(s) of occupied sites and details on adjacent or nearby suitable habitat available to owls for relocation. If no suitable habitat is available nearby for relocation, details regarding the creation of artificial burrows (numbers, locations, and type of burrows) shall be included in the plan. The plan shall also describe specific procedures to compensate for impacts to burrowing owl/occupied burrows. Such procedures may include, but are not limited to, the purchase/conservation of off-site suitable habitat that is known to support burrowing owl. Specific ratios would be determined in consultation with CDFW.
c) If burrowing owl must be moved away from the disturbance are a, passive relocation techniques shall be used. Owls must be relocated by a qualified biologist from any occupied burrows that would be impacted by Project activities. Required relocation shall be approved by the CDFW. A report summarizing the results of the relocation and monitoring shall be submitted to the City and the CDFW within 30 days following completion of the burrowing owl relocation and monitoring.
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Packet Pg. 436 Attachment: Attachment 4 - Final Environmental Impact Report (8890 : Resolution Approving Street Ono Lead Track Extension Project Section 4.0
Final Environmental Impact Report Mitigation Monitoring and Reporting Program October 29, 2021
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES (MM)
IMPLEMENTATION
TIMING
MONITORING/
REPORTING
METHODS
RESPONSIBLE FOR
APPROVAL/
MONITORING
VERIFICATION
DATE INITIALS
MM BIO-2: Based on the results of the Project’s Jurisdictional Delineation, the proposed Project would permanently impact 0.07-acre of Regional Water Quality Control Board (RWQCB)-jurisdictional waters of the State and 0.12-acre of California Department of Fish and Wildlife (CDFW)-jurisdictional ephemeral streambed (i.e., Feature 1, sparsely vegetated earthen- and concrete-lined ditch; Feature 2, concrete - and riprap-lined ditch and basin). Prior to any ground disturbing activity near the jurisdictional features, applicable permits shall be obtained through the RWQCB and CDFW for impacts to jurisdictional fe atures.
The Applicant shall implement/comply with the mitigation required by the resource agencies regarding impacts within their respective jurisdictions.
Given the on-site jurisdictional features’ disturbed and limited aquatic resource functions, it is expected that permanent impacts to jurisdictional features would be compensated for at a 1:1 mitigation ratio. Potential compensatory mitigation to offset impacts to jurisdictional resources may be implemented through off-site, permittee-responsible mitigation, in-lieu fee program or mitigation bank credit purchase, or a combination of these options depending on availability. The proposed mitigation strategy shall prioritize in-kind and in-watershed options per the regulatory agencies’ preferences. The regulatory agencies will make the final determination of the final compensatory mitigation requirements during the permit e valuation process.
Prior to any Ground
Disturbing Activity
Near Jurisdictional
Features
Obtain Applicable
RWQCB and CDFW
Permits
Implement Off-Site,
PermitteeResponsible
Compensatory
Mitigation
Community and
Economic
Development
Director and RWQCB
and CDFW
MM BIO-3: Vegetation clearing and ground-disturbing activities shall be conducted outside of the nesting season (January 15 to August 31) to the extent feasible. If avoidance of the nesting season is infeasible, then a qualified biologist shall conduct a nesting bird survey within ten days prior to any ground disturbance, including disking, demolition activities, and grading. Survey results shall be provided to the City of San Bernardino for review. If active nests are identified, the biologist shall establish suitable buffers around the nests depending on the level of activity within the buffer and species observed, and the buffer areas If Vegetation
Clearing and
Ground-Disturbing
ActivitiesOccur
During Bird Nesting
Season and No
More Than 10 Days
Prior to Ground
Disturbance
Conduct Nesting
Bird Survey
Community and
Economic
Development
Director and
Qualified Biologist
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Packet Pg. 437 Attachment: Attachment 4 - Final Environmental Impact Report (8890 : Resolution Approving Street Ono Lead Track Extension Project Section 4.0
Final Environmental Impact Report Mitigation Monitoring and Reporting Program October 29, 2021
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES (MM)
IMPLEMENTATION
TIMING
MONITORING/
REPORTING
METHODS
RESPONSIBLE FOR
APPROVAL/
MONITORING
VERIFICATION
DATE INITIALS
shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Bird nest buffers shall be established by the biologist in consultation with California Department of Fish and Wildlife. Generally, raptor species will have an avoidance buffer of 200 to 500 feet and passerine bird species will have an avoidance buffer of 50 to 300 feet. The biologist shall record the results of the recommended protective measures and shall submit a memo summarizing any nest avoidance measures to the City of San Bernardino to document compliance with applicable state and fe deral laws pertaining to the protection of native birds.
Activities
CULTURAL RESOURCES
MM CUL-1: Contact Native American Tribe In the Event of a Find: In the event that cultural resources are discovered during Project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, the City shall be notified and a qualified archaeologist meeting Secretary of Interior standards shall be hire d to assess the find. Work on the other portions of the Project outside of the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians (SMBMI) Cultural Re source s Department shall be contacted, as detailed within MM TCR-1, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input concerning significance and treatment.
During Project
Ground Disturbing
Activities
If Cultural Resources
are Discovered,
Cease Work Within
the Find’s
Immediate Vicinity
and Conduct
Archaeological
Resource Evaluation
Contact SMBMI
Community and
Economic
Development
Director Qualified
Archaeologist
SMBMI
MM CUL-2: Monitoring and Treatment Plan: If significant pre-contac t cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archae ologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI and the City for review and comment, as de taile d within MM TCR-1. The archaeologist shall monitor the remainder of the Project and implement the Plan accordingly.
During Ground
Disturbing Activities,
if Significant PreContact Cultural
Resources are
Discovered and
Avoidance Cannot
be Ensured Develop
a Monitoring and
Treatment Plan
Community and
Economic
Development
Director Qualified
Archaeologist
SMBMI
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Packet Pg. 438 Attachment: Attachment 4 - Final Environmental Impact Report (8890 : Resolution Approving Street Ono Lead Track Extension Project Section 4.0
Final Environmental Impact Report Mitigation Monitoring and Reporting Program October 29, 2021
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES (MM)
IMPLEMENTATION
TIMING
MONITORING/
REPORTING
METHODS
RESPONSIBLE FOR
APPROVAL/
MONITORING
VERIFICATION
DATE INITIALS
GEOLOGY, SOILS, AND PALEONTOLOGICAL RESOURCES
MM GEO-1: Paleontological Monitoring and Compliance Program. a) Retain a Qualified Project Paleontologist. Prior to ground disturbing activities, the Owner shall retain a qualified Project Paleontologist, defined as a paleontologist who meets the Society of Ve rte brate Paleontology standards for Qualified Professional Paleontologist, to direct all mitigation measures related to paleontological resources. b) Paleontological Monitoring and Compliance Program. After Project design has been finalized to determine the precise extent and location of ground disturbing activities, and prior to ground disturbing activities, the Project Paleontologist shall prepare a Paleontological Monitoring and Compliance Program to be implemented during the Project’s ground disturbing activities. The Program shall be prepared in accordance with the standards se t forth by current Society of Vertebrate Paleontology guidelines (2010). Prior to ground disturbing activities, the Program shall be provided to the City of San Bernardino.
Ground disturbing activities deeper than 5.0 feet below ground surface in areas mapped as high paleontological sensitivity (i.e., older Quaternary deposits) shall be monitored on a full-time basis by a qualified paleontological monitor during initial ground disturbing activities.
The Program shall be supervised by the Project Pale ontologist in coordination with the City of San Bernardino. The duration and timing of the monitoring shall be determined by the Project Paleontologist. If the Project Paleontologist determines that fulltime monitoring is no longer warranted, he or she may recommend to the City that monitoring be reduced to periodic spot-checking or cease entirely. Monitoring shall be reinstated, if reduction or suspension would need to be reconsidered by the Project Paleontologist.
Prior to Ground
Disturbance
Activities
During Ground
Disturbing Activities
Deeper Than 5.0
Feet Below Ground
Surface in Areas
Mapped as High
Paleontological
Sensitivity
Prior to Ground
Disturbing Activities
In the Event of a
Fossil Discovery
Upon Completion of
Ground Disturbing
Activities
Prepare a
Paleontological
Resources
Monitoring and
Mitigation Plan
Conduct
Paleontological
Monitoring
Conduct a WEAP
Cease Work Within
the Find’s
Immediate Vicinity
and Conduct
Paleontological
Resource Evaluation
Salvage, identify,
and curate fossils
Prepare Final
Paleontological
Monitoring and
Compliance Report
Community and
Economic
Development
Director and
Qualified Project
Paleontologist
Qualified
Paleontological
Monitor
Qualified Project
Paleontologist
Qualified Project
Paleontologist
Qualified Project
Paleontologist
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Packet Pg. 439 Attachment: Attachment 4 - Final Environmental Impact Report (8890 : Resolution Approving Street Ono Lead Track Extension Project Section 4.0
Final Environmental Impact Report Mitigation Monitoring and Reporting Program October 29, 2021
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES (MM)
IMPLEMENTATION
TIMING
MONITORING/
REPORTING
METHODS
RESPONSIBLE FOR
APPROVAL/
MONITORING
VERIFICATION
DATE INITIALS
The Program shall outline the procedures for construction staff Worker Environmental Awareness Program (WEAP) training, paleontological monitoring extent and duration, salvage and preparation of fossils, the final mitigation and monitoring report, and paleontological staff qualifications.
c) Paleontological Worker Environmental Awareness Program (WEAP). Prior to ground disturbing activities, the Project Paleontologist or his or her designee shall conduct c onstruction personnel training regarding the appearance of fossils and the procedures for notifying paleontological staff should fossils be discovered by construction staff. The WEAP shall be presented at a preconstruction meeting that a qualified paleontologist shall attend.
d) Fossil Discovery. In the event of a fossil discovery by construction personnel, all work in the find’s immediate vicinity shall cease, and the City of San Bernardino and a qualified paleontologist shall be contacted to evaluate the find before restarting work in the area. If ground disturbing activities bring potentially sensitive geologic deposits to the surface in areas considered to have an
undetermined paleontological sensitivity, these areas shall be inspected and further assessed. If it is determined that the fossil(s) is (are) scientifically significant, the qualified paleontologist shall complete the following conditions:
e) Salvage of Fossils. If fossils are discovered, the Project paleontologist or paleontological monitor should recover them.
Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage pe riods. In this case, the paleontologist would have the authority to temporarily direct, divert, or halt construction activity to e nsure that the fossil(s) can be removed in a safe and timely manner.
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Packet Pg. 440 Attachment: Attachment 4 - Final Environmental Impact Report (8890 : Resolution Approving Street Ono Lead Track Extension Project Section 4.0
Final Environmental Impact Report Mitigation Monitoring and Reporting Program October 29, 2021
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES (MM)
IMPLEMENTATION
TIMING
MONITORING/
REPORTING
METHODS
RESPONSIBLE FOR
APPROVAL/
MONITORING
VERIFICATION
DATE INITIALS
1. Preparation and Curation of Recovered Fossils. Once salvaged, the City would ensure that significant fossils would be identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection (such as the San Diego County Natural History Museum), along with all
pertinent field notes, photos, data, and maps. Fossils of undetermined significance at the time of collection may also warrant curation at the discretion of the Project
paleontologist. Field collection and preparation of fossil specimens shall be performed by the Project pale ontologist with further preparation as needed by an accredited muse um repository institution at the time of curation.
f) Final Paleontological Monitoring and Compliance Report. Upon completion of ground disturbing activities (and curation of fossils, if necessary) the Project Paleontologist shall prepare a Final Paleontological Monitoring and Compliance Report outlining the results of the Paleontological Monitoring and Compliance Program.
The report shall be provided to the City of San Bernardino and shall include discussion of the location, duration, and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific significance of those fossils, and where fossils were curated.
HAZARDOUS MATERIALS & WASTES
MM HAZ-1: Environmental Site Assessment. Prior to ground disturbing activities, a Phase I Environmental Site Assessment (ESA) shall be conducted on the 13 properties identified as recognized environmental concerns (REC) in the Hazardous Materials Assessment (Kimley -Horn and Associates, Inc., January 9, 2019) and provided to the City of San Bernardino. The Phase I ESA’s shall include a recommendation on whether or not a Phase II ESA is required for the property. If a Phase I ESA recommends a Phase II ESA, a Phase II ESA shall be prepared for the Prior to Ground
Disturbing Activities
Conduct a Phase I
ESA on 13 Identified
REC Properties
If a Phase II ESA is
Recommended,
Prepare A Phase II
ESA that Includes
Community and
Economic
Development
Director and
Qualified Phase I
Specialist
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Packet Pg. 441 Attachment: Attachment 4 - Final Environmental Impact Report (8890 : Resolution Approving Street Ono Lead Track Extension Project Section 4.0
Final Environmental Impact Report Mitigation Monitoring and Reporting Program October 29, 2021
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES (MM)
IMPLEMENTATION
TIMING
MONITORING/
REPORTING
METHODS
RESPONSIBLE FOR
APPROVAL/
MONITORING
VERIFICATION
DATE INITIALS
property. The Phase II ESA shall include soil and groundwater sampling and shall be provided to the City of San Bernardino. The sampling shall be conducted by a qualified Phase II/Site Characterization specialist.
Upon completion of site characterization activities, the Site Characterization specialist shall recommend remedial activities, if necessary, in consultation with the San Bernardino Environmental Health Division (EHD). This recommendation from the Phase II ESA shall be implemented to the satisfaction of EHD.
Soil and
Groundwater
Sampling
Community and
Economic
Development
Director and Phase II/
Site Characterization
Specialist
NOISE
MM NOI-1:Prior to any ground-disturbing or other noise-generating activities, the Construction Manager shall provide evidence acceptable to the City of San Bernardino Community and Economic Developme nt Director that:
▪ All construction vehicles and equipment, fixed or mobile, shall be maintained in good operating condition and be equipped with all internal combustion, engine-driven equipment fitted with intake and exhaust muffles, air intake silencers, and engine shrouds no less effective than as originally equipped by the manufacturer. ▪ Where stationary equipment, such as generators, crane s, and air compressors, is within 50 feet of a sensitive receptor including offices, the equipment shall be equipped with appropriate noise reduction measures (e.g., silencers, shrouds, or other de vic es) to limit noise.
▪ Equipment maintenance, vehicle parking, and material staging areas shall be as far away from sensitive receptors (including offices) adjacent to the construction site, as feasible. ▪ Electrically powered equipment instead of pneumatic or internal combustion powered equipment shall be used to the extent possible.
▪ All internal combustion engine idling both on the site and at nearby queuing areas shall be limited to no more than five minutes for any given vehicle or machine. Signs shall be posted at the construction Prior to Any GroundDisturbing or Other
Noise-Generating
Activities
Provide Evidenceof
Compliance With
the Specified
Requirements
Community and
Economic
Development
Director and
Construction
Manager
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Packet Pg. 442 Attachment: Attachment 4 - Final Environmental Impact Report (8890 : Resolution Approving Street Ono Lead Track Extension Project Section 4.0
Final Environmental Impact Report Mitigation Monitoring and Reporting Program October 29, 2021
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES (MM)
IMPLEMENTATION
TIMING
MONITORING/
REPORTING
METHODS
RESPONSIBLE FOR
APPROVAL/
MONITORING
VERIFICATION
DATE INITIALS
site and along queueing lanes to reinforce the prohibition of unnecessary engine idling.
▪ The use of noise-producing signals, including horns, whistles, alarms, and bells shall be for safety warning purposes only. Use smart back-up alarms, which automatically adjust the alarm le vel based on the background noise level or switch off back-up alarms and replace with human spotters.
MM NOI-2: A minimum of 30 days prior to any ground-disturbing or other noise generating activities, the Contractor shall notify all businesses within 100 feet of the Project site of the planned start date , duration, nature of the construction activity, and the prop osed noise abatement measures. The notification shall include a contact telephone number for questions and the submittal of any complaints of e xc ess, unanticipated noise or vibration.
A Minimum of 30
Days Prior to Any
Ground-Disturbing
or Other Noise
Generating
Activities
Notify All Businesses
Within 100 Feet of
the Project Site the
Noted Project
Details
Community and
Economic
Development
Director and
Contractor
MM NOI-3:Prior to any ground-disturbing or other noise ge nerating activities, a sign shall be posted at the entrance to the construction site, clearly visible to the public, that contains the Contractor or their designee’s contact name and telephone number to respond in the event of a vibration or noise complaint. If the Contractor or their designee receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City of San Bernardino Community and Economic Development Director.
Prior to Any GroundDisturbing or Other
Noise Generating
Activities
Post Sign with
Specified Data at
Construction Site
Entrance
If a Complaint is
Received,
Implement the
Specified Measures
Community and
Economic
Development
Director and
Contractor
MM NOI-4: BNSF (or its designee) shall construct sound walls along the west side of the proposed Ono Lead Extension in areas where a Severe Impact has been identified (see Table 4.11-11). The sound wall shall be approximately 8.0 feet high and shall be sufficient to block the line-ofsight from sensitive receptors to the noise source and designed suc h that any gaps in material are no greater than 10 percent of the barrier’s total area. Specifically, sound walls shall be provided along the following locations:
During Construction Construct An 8.0
Foot High Sound
Wall Where a
Severe Impact Has
Been Identified
Community and
Economic
Development
Director and BNSF
(or their Designee)
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Packet Pg. 443 Attachment: Attachment 4 - Final Environmental Impact Report (8890 : Resolution Approving Street Ono Lead Track Extension Project Section 4.0
Final Environmental Impact Report Mitigation Monitoring and Reporting Program October 29, 2021
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES (MM)
IMPLEMENTATION
TIMING
MONITORING/
REPORTING
METHODS
RESPONSIBLE FOR
APPROVAL/
MONITORING
VERIFICATION
DATE INITIALS
▪ Segment 7: A sound wall approximately 200 linear feet long shall be provided along the proposed BNSF right-of-way (approximate ly Stations 256 to 258) adjacent to where the proposed re sidential property full take would occur. Specifically, Property Nos. 29 -33 located north and south of Evans Place would result in full private property takes to accommodate the proposed sound wall.
▪ Segment 8: A sound wall approximately 500 linear feet long shall be provided along the proposed BNSF right-of-way (approximate ly Stations 265 to 270) adjacent to where the proposed property full take would occur.
▪ Segment 9: A sound wall approximately 670 linear feet long shall be provided along the proposed BNSF right-of-way (approximate ly Stations 288.5 to 295) adjacent to where the proposed property full take would occur.
▪ Segment 10: A sound wall approximately 430 linear feet long shall be provided along the proposed BNSF right-of-way (approximate ly Stations 307 to 311.5) adjacent to where the proposed property full take would occur.
▪ Segment 11: A sound wall approximately 330 linear feet long shall be provided along the proposed BNSF right-of-way (approximate ly Stations 313 to 317) adjacent to where the proposed private property full take would occur.
The proposed sound walls shall be a minimum of 8.0 feet high and of sufficient height to block the line-of-sight from nearby sensitive receptors to the railway. The proposed sound walls shall be designed such that any gaps in material are no greater than 10 percent of the wall’s total area.
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Packet Pg. 444 Attachment: Attachment 4 - Final Environmental Impact Report (8890 : Resolution Approving Street Ono Lead Track Extension Project Section 4.0
Final Environmental Impact Report Mitigation Monitoring and Reporting Program October 29, 2021
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES (MM)
IMPLEMENTATION
TIMING
MONITORING/
REPORTING
METHODS
RESPONSIBLE FOR
APPROVAL/
MONITORING
VERIFICATION
DATE INITIALS
TRANSPORTATION
MM TRA-1: Oversized Vehicles. Prior to Grading Permit issuance, BNSF (or its designee) shall comply with Caltrans, the City of San Bernardino, and other relevant jurisdictions concerning limitations on vehicle size s and weights. In addition, BNSF (or its designee) shall secure the necessary transportation permits for roadway use.
Prior to Grading
Permit Issuance
Demonstrate
Compliance with
Caltrans, City of San
Bernardino, and
Other Relevant
Jurisdictions
Concerning
Oversized Vehicles
Secure Necessary
Transportation
Permits
Community and
Economic
Development
Director and BNSF
(or their Designee)
MM TRA-2: Traffic Management Plan (TMP). At least 60 days prior to start of site mobilization, BNSF (or its designee) shall submit the TMP to the City of San Bernardino and each affected jurisdiction for review and approval. The TMP, which shall be implemented during all construction phases, shall include traffic and parking management techniques to reduce construction-related traffic disruptions and congestion around the Project area. The TMP shall at a minimum address the following factors:
▪ Traffic Flow Route and Timing: Local and alternate routes and emergency access. Haul routes based on construction staging areas and City-designated routes. Timing heavy construction equipment and building material deliveries.
▪ Site and Surrounding Property Access: Vehicle access and circulation.
▪ On-site Parking: Construction worker parking lot assignment. ▪ Traffic Control: Street and intersection controls (e.g., flag persons, temporary travel lane closure, etc.).
At Least 60 Days
Prior to Start of Site
Mobilization
Prepare a TMP Community and
Economic
Development
Director and BNSF
(or their Designee)
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Packet Pg. 445 Attachment: Attachment 4 - Final Environmental Impact Report (8890 : Resolution Approving Street Ono Lead Track Extension Project Section 4.0
Final Environmental Impact Report Mitigation Monitoring and Reporting Program October 29, 2021
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES (MM)
IMPLEMENTATION
TIMING
MONITORING/
REPORTING
METHODS
RESPONSIBLE FOR
APPROVAL/
MONITORING
VERIFICATION
DATE INITIALS
TRIBAL CULTURAL RESOURCES
MM TCR-1: Monitoring and Treatment Plan and Native American Monitor/Consultant: The San Manuel Band of Mission Indians(SMBMI) Cultural Resources Department and City of San Bernardino shall be contacted (see also CUL-1 and CUL-2) if any pre-contact cultural resources are discovered during ground disturbing activities and be provided information regarding the nature of the find, so as to provide Tribal input concerning significance and treatment. Should the find be deemed significant, as defined by CEQA, a cultural resourceMonitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the Project, should SMBMI elect to place a monitor on-site.
During Ground
Disturbing Activities
If Any Pre-Contact
Cultural Resources
are Discovered,
Coordinate With
SMBMI and City
If Pre-Contact
Cultural Resources
Are Deemed
Significant, Create a
Cultural Resources
Monitoring and
Treatment Plan
Community and
Economic
Development
Director and SMBMI
Monitor/Consultant
Community and
Economic
Development
Director and
Qualified
Archeologist
MM TCR-2: Provide Records and Consultation: Any and all archaeological/cultural documents generated as a part of the Proje ct (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, c onsult with SMBMI throughout the life of the Project.
Throughout The
Project’s Life
Provide All
Archaeological/
Cultural Documents
and Consult
Community and
Economic
Development
Director, BNSF (or
their Designee), and
Qualified Archeologist
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Packet Pg. 447 Attachment: Attachment 4 - Final Environmental Impact Report (8890 : Resolution Approving Street kimley-horn.com 1100 W. Town and Country Drive, Orange, CA 92868 714-939-1030
TECHNICAL MEMORANDUM
To: Oliver Mujica, Planning Division Manager, City of San Bernardino From: Jennifer Harry, P.E., and Rita Garcia
Date: October 29, 2021
Subject: BNSF ONO LEAD TRACK EXTENSION PROJECT
Environmental Justice Review Technical Memorandum
Introduction
The Ono Lead Track Extension Project (“Project”) proposes to install a fourth lead track extending the existing BNSF San Bernardino Intermodal Facility (SBD Intermodal) A Yard (A Yard) lead track to two existing Ono Storage Sidings. A continuous lead track would be created, closing the existing gap between the Ono Storage Sidings and improving the flow of trains in and out of the A Yard. The Project does not propose to increase rail line operations; instead it would improve the A Yard’s operational efficiency by:
improving the A Yard’s ability to assemble and hold outbound trains, as well as move around railroad cars without obstructing mainline movements; reducing train congestion along the existing lead tracks; and reducing train idling, as they wait to enter and exit the A Yard. With the proposed improvements, the A Yard would have capacity to assemble and hold outbound trains and switch out the A Yard without fouling the mainline.
The Project site is comprised of two dis-contiguous segments (i.e., northern and southern), which extend approximately 4.3 linear miles along the BNSF corridor adjacent to/west of Interstate 215 (I-215). The southern track segment comprises most of the Project site and is separated from the northern track segment by approximately 1.2 linear miles. The Project area’s northern terminus is at the BNSF overpass at State Street/University Parkway and its southern terminus is at West 5th Street, just north of the A Yard; see Exhibit 2-2: Local Vicinity Map of the Project’s Environmental Impact Report (EIR) (SCH No. 2021030193). Within those limits, the proposed northern and southern track segments are as follows:
▪ Northern track segment: approximately 0.3 linear miles, milepost (“MP”) 76.5 to MP 76.8, ▪ Southern track segment: approximately 2.8 linear miles, MP 78.0 to MP 80.8, and ▪ Gap between northern and southern track segments: approximately 1.2 linear miles, MP 76.8 to MP 78.0, where no improvements are proposed.
The Project site is within the City of San Bernardino (“City”) and generally north of the City of Colton, south of Muscoy (an unincorporated County of San Bernardino (“County”) community), east of the City of Rialto, and along/west of I-215. Appendix A: Studied Designs depicts the approximately 41-acre Project area, which includes existing BNSF right-of-way (ROW) and adjacent properties where ground disturbances (including temporary construction staging) and/or property acquisitions would occur.
The proposed fourth lead track would be constructed within/along approximately 4.3 miles of existing BNSF corridor generally from the BNSF overpass at State Street/University Parkway on the north to the existing
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SBD Intermodal. The existing approximately 0.18-mile A Yard lead track, which runs parallel to three existing mainline tracks, would be extended by approximately 3.1 miles. Various improvements/modifications (i.e., stormwater drainage/water quality, circulation/roadway, signal, sound walls, and utility) that are ancillary and related to the lead track extension are also proposed. To accommodate the proposed improvements partial and full property acquisitions would be required outside the BNSF corridor, and City ROW within the BNSF corridor would be vacated and conveyed to BNSF, the track owner. To accommodate the proposed improvements, the Project would require circulation and roadway improvements/modifications to multiple City roadways, including vacations, realignments, and culde-sacs. The Project also proposes to either: (a) reinstate and extend a pre-existing franchise to construct, operate, and maintain a portion of an existing lead track in the City, between 4th Street and the City’s northern boundary, as the boundary existed in 1906; or (b) vacate the railroad bed and convey title of the same to the Project Applicant. Project construction is proposed to occur in one phase and is anticipated to begin in 2022 and be completed in 2024. EIR Section 2: Project Description, describes the proposed Project in detail.
The Project is within the City of San Bernardino (“City”). Low-income and minority populations that meet the criteria for Environmental Justice (EJ) are present within the Project area. Additionally, limited-English proficiency (LEP) communities are present within the Project area. The community boundaries are illustrated on Exhibit 1.
This EJ review has been initiated at the City’s request. In addition, during the Draft EIR public review, which occurred between March 8, 2021 and April 22, 2021, the Center of Community Action and Environmental Justice (CCAEJ) raised a concern that “the Project would lead to displacements of tenants who have limited relocation options in comparison to homeowners.” Although not required by the California Environmental Quality Act (CEQA), the following analysis related to EJ has been provided to further inform public agency decision makers and the general public.
Existing Conditions
The Project site parallels the existing BNSF tracks and associated ROW. Most of the Project site is comprised of existing residential, commercial, vacant, or railroad ROW. Streets abut the existing tracks.
Sidewalks are provided along the west side of North I Street, and along the east and west sides of Montgomery Street within the Project area. The following gaps in pedestrian facilities exist in the Project area:
▪ East side of North I Street;
▪ North I Street between 7th Street and 8th Street, and between Home Avenue and 14th Street; ▪ South side of 10th Street from Montgomery Street to North I Street; ▪ West side of Harris Street from West Orange Street to 11th Street, and Harris Street north of 16th Street;
▪ Home Avenue from North I Street to midblock of Home Avenue; ▪ 16th Street from Harris Street to J Street; and
▪ J Street from 16th Street to 17th Street.
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The land uses adjacent to the Project site are as follows:
Segment 01 (Northern Track Segment)
▪ North: BNSF ROW, Cajon Boulevard, and residential uses; ▪ South: BNSF ROW, Cajon Boulevard, and industrial uses; ▪ East: I-215; and
▪ West: Industrial uses and vacant lots.
Segments 02 to 11 (Southern Track Segment)
▪ North: BNSF ROW, Cajon Boulevard, utility (water tank), and vacant lots; ▪ South: BNSF ROW/SBD Intermodal Facility A Yard, industrial uses, Caltrans ROW, and vacant lots;
▪ East: I-215; and
▪ West: Industrial, commercial, and single-family residential uses, vacant lots, and City ROW (alleys and roadways).
▪ The land uses in the larger area surrounding the Project site are primarily residential.
Proposed Design
Draft EIR Exhibits 2-3 and 2-3a through 2-3l depict the approximately 41-acre Project area, which includes existing BNSF ROW and adjacent properties where ground disturbances (including temporary construction staging) and/or property acquisitions would occur. To facilitate Draft EIR descriptions and analyses, the Project area has been divided into 12 segments. Segment 1 comprises the northern track segment, while Segments 2 to 12 comprise the southern track segments. Additionally, Draft EIR Exhibits 2-3a through 2-3l depict the locations/alignments and boundaries of the proposed fourth lead track, adjacent areas (i.e., construction staging and proposed ancillary stormwater drainage/water quality, roadway, signal, sound walls, and utility improvements), and the lead track within the proposed reinstated franchise.
Public Outreach
In compliance with the State CEQA Guidelines, the City has provided opportunities for responsible and trustee agencies, interested parties, and the general public to participate in the environmental review process. During Draft EIR preparation, efforts were made to contact various federal, State, regional, and local government agencies and other interested parties to solicit comments on the scope of review for this Project. This included the distribution of the Notice of Preparation (NOP) to various responsible and trustee agencies and interested parties. The City distributed the NOP directly to public agencies, special districts, and the public who had requested such notice and was filed with the County of San Bernardino Clerk of the Board of Supervisors. The NOP was distributed on September 20, 2019, with a 30-day public review period occurring from September 23 through October 22, 2019. The NOP and NOP comment letters are provided in Draft EIR Appendix 9.2.
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The City received three comment letters in response to the NOP; see Draft EIR Appendix 9.2. As noted below, one comment letter was from a member of the public:
▪ San Manuel Band of Mission Indians (SMBMI) – The Project site is within Serrano ancestral territory and of interest to the SMBMI. The SMBMI requests copies of Project documentation (i.e., Project plans, Cultural Report, and Geotechnical Report).
▪ South Coast Air Quality Management District (SCAQMD) – The SCAQMD:
o Requests copies of Project documentation.
o Provides guidance concerning conducting the air quality analysis, mitigation measures, alternatives, permits, and data sources.
o Expressed their concern about the potential public health impacts of siting rail tracks near sensitive land uses and recommended preparation of a mobile source health risk assessment.
o Notes that the proposed Project site includes or is near the San Bernardino and Muscoy communities. Because the SCAQMD considers these communities to be disproportionately impacted by air pollution generated from sources, these communities are part of the SCAQMD’s AB 617 Community Emission Reduction Program. The SCAQMD recommends that the Lead Agency review the Community Emissions Reduction Plan for measures to reduce air quality impacts.
▪ Mr. Raul Raya: Mr. Raya is owner of a commercial use (Ybarra's Market) with attached residential dwelling unit at 914 Spruce Street. The Market/dwelling is approximately 290 feet south of the proposed fourth lead track. Mr. Raya expressed his concern over various environmental issues including the following: safety (due to distance from track and absence of a barrier), improvements that could affect his business and property values, a track addition that would encroach on his property, and shaking (i.e., vibration) from train traffic.
In accordance with State CEQA Guidelines, the City prepared a Draft EIR for the Project. The Draft EIR was circulated for a 45-day public review period from March 8, 2021 to April 22, 2021. Responsible and trustee agencies, interested parties, and the public were invited to provide written comments. The Draft EIR was also made available to the public for review at the following locations:
▪ City of San Bernardino Planning Department
201 North E. Street, 3rd Floor
San Bernardino, CA 92401
▪ City of San Bernardino Website:
http://sbcity.org/cityhall/community_development/planning/environmental_documents.asp. ▪ Paul Villasenor Branch Library (a City of San Bernardino public library) 525 North Mt. Vernon Avenue
San Bernardino, CA 92411
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Regulations
California Government Code § 65040.12(e) defines environmental justice as “the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.” It does not, however, require an analysis of impacts on these populations as part of the CEQA process, or include specific mandates for providing communities access to meaningful public participation.
Senate Bill (SB) 10001requires local governments to identify EJ communities (referred to as “disadvantaged communities”) and address EJ in their general plans. Senate Bill 1000 was signed in 2016 to address pollution burdens and associated health risks on low-income and minority communities. It is intended to improve transparency in the local government planning process, reduce pollutants and associated risks to EJ communities, and promote equitable access to health-inducing benefits.
Methodology
The most recent census data for the census block groups containing the Project was analyzed for potential EJ and limited English populations. The census data is summarized throughout this report. Census block groups are shown on Exhibit 1: Community Boundaries, Exhibit 2: Minority Population Percentages, and Exhibit 3: Low-Income Population Percentages.
The CalEnviroScreen2is an online screening tool to “help identify communities disproportionately burdened by multiple sources of pollution and with population characteristics that make them more sensitive to pollution.” The California Office of Environmental Health Hazard Assessment (OEHHA) developed this tool, which is based on American Community Survey data from the U.S. Census Bureau. CalEnviroScreen was most recently updated in February 2021 (Version Draft 4.0). The data in this tool, which is displayed by census tract, was referenced as part of the qualitative description of the community.
The geographic boundary in which the EJ review was conducted, called the EJ Resource Study Area (“Study Area”) is a 0.5-mile buffer around the Project site. In some cases, only small portions of a census block group fell within the 0.5-mile buffer. The Study Area excluded these census block groups if less than 10 percent of the census block group area fell within the 0.5-mile buffer. The block groups within the Study Area were compared to the County, which was the reference community representing the general population that the Project could affect positively or negatively.
Disproportionately High and Adverse Effect on Minority and Low-Income Populations means an adverse effect that:
(1) is predominately borne by a minority population and/or a low-income population; or (2) will be suffered by the minority population and/or low-income population and is appreciably more severe or greater in magnitude than the adverse effect that will be suffered by the nonminority population and/or non low-income population. 1 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1000 2 https://oehha.ca.gov/calenviroscreen/report/draft-calenviroscreen-40
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Socioeconomic Data
Census data indicates a notable presence of minority populations within the census block groups. As shown in Table 1, all but one of the Study Area block groups have minority populations above the County minority population of 71.5%. The Study Area’s minority population percentages are depicted on Exhibit 2.
Table 1: Minority Population Percentage
Geography Total Population
White, Non-Hispanic Minority Population
# % # %
CT 41.01, BG 2 2978 172 5.8% 2806 94.2%
CT 41.03, BG 2 2079 61 2.9% 2018 97.1%
CT 41.03, BG 3 2082 77 3.7% 2005 96.3%
CT 41.04, BG 2 3193 199 6.2% 2994 93.8%
CT 42,02, BG 3 1411 53 3.8% 1358 96.2%
CT 46.01, BG 5 1128 382 33.9% 746 66.1%
CT 46.04, BG 1 999 104 10.4% 895 89.6%
CT 46.04, BG 2 1845 122 6.6% 1723 93.4%
CT 46.04, BG 3 1563 194 12.4% 1369 87.6%
CT 46.04, BG 4 1214 243 20.0% 971 80.0%
CT 47, BG 1 1252 78 6.2% 1174 93.8%
CT 47, BG 2 1218 14 1.2% 1204 98.9%
CT 47, BG 3 1078 24 2.2% 1054 97.8%
CT 47, BG 4 840 75 8.9% 765 91.1%
CT 47, BG 5 1036 96 9.3% 940 90.7%
CT 48, BG 1 1678 63 3.8% 1615 96.3%
CT 48, BG 2 1585 41 2.6% 1544 97.4%
CT 49, BG 4 1397 263 18.8% 1134s 81.2%
CT 54, BG 1 1619 204 12.6% 1415 87.4%
CT 54, BG 2 1130 98 8.7% 1032 91.3%
CT 55, BG 4 2336 121 5.2% 2215 94.8%
CT 55, BG 5 818 54 6.6% 764 93.4%
CT 56, BG 1 1136 134 11.8% 1002 88.2%
CT 56, BG 2 2036 308 15.1% 1728 84.9%
CT 56, BG 3 853 7 0.8% 846 99.2%
CT 57.01, BG 1 880 105 11.9% 775 88.1%
San Bernardino County 2,149,031 613,066 28.5% 1,535,965 71.5% California 39,283,497 14,605,312 37.2% 24,678,185 62.8% Source: American Community Survey, 5-Year Estimates, 2019
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As shown in Table 2, census data indicates a notable presence of low-income populations. Of the Study Area’s 26 block groups, 22 have a low-income percentage above the County percentage of 33.5% The total percentages of Study Area low-income populations are depicted on Exhibit 3.
Table 2: Low-Income Population Percentage
Geography
Total
Population for
whom Poverty
Status is
Determined
Below Poverty Level
Very Poor: Under
50% of Poverty
Level
Near Poor: Between
100% and 149% of
Poverty Level
Total
Percentage
Low-Income
# % # % # % %
CT 41.01, BG 2 2,978 744 25.0% 210 7.0% 527 17.7% 4.97% CT 41.03, BG 2 2,079 596 28.7% 566 27.2% 671 32.3% 88.2% CT 41.03, BG 3 2,040 457 22.0% 293 14.1% 234 11.2% 47.3% CT 41.04, BG 2 3,193 1,322 41.4% 609 19.1% 379 11.9% 72.4% CT 42,02, BG 3 1,319 294 20.8% 119 8.4% 352 25.0% 54.2% CT 46.01, BG 5 1,115 65 5.8% 51 4.5% 90 8.0% 18.3%
CT 46.04, BG 1 999 292 29.2% 191 19.1% 86 8.6% 56.9%
CT 46.04, BG 2 1,845 464 25.2% 50 2.7% 230 12.5% 40.4%
CT 46.04, BG 3 1,507 272 17.4% 264 16.9% 56 3.6% 37.9%
CT 46.04, BG 4 1,214 202 16.6% 105 8.7% 281 23.2% 48.5% CT 47, BG 1 1,252 21 1.7% 0 0.0% 743 59.4% 61.1%
CT 47, BG 2 1,195 352 28.9% 344 28.2% 486 39.9% 97.0%
CT 47, BG 3 1,078 320 29.7% 112 10.4% 241 22.4% 62.8%
CT 47, BG 4 840 139 16.6% 39 4.6% 98 11.7% 32.9%
CT 47, BG 5 1,020 133 12.8% 104 10.0% 67 6.5% 29.3%
CT 48, BG 1 1,678 657 39.2% 85 5.1% 262 15.6% 59.9%
CT 48, BG 2 1,585 696 43.9% 258 16.3% 122 7.7% 67.9%
CT 49, BG 4 1,397 481 34.4% 203 14.5% 272 19.5% 68.4%
CT 54, BG 1 1,599 289 17.9% 74 4.6% 427 26.4% 48.9%
CT 54, BG 2 1,130 268 23.7% 240 21.2% 240 21.2% 66.1%
CT 55, BG 4 2,292 958 41.0% 661 28.3% 497 21.3% 90.6%
CT 55, BG 5 818 33 4.0% 33 4.0% 418 51.1% 59.1%
CT 56, BG 1 1,130 485 42.7% 353 31.1% 183 16.1% 89.9%
CT 56, BG 2 2,036 935 45.9% 250 12.3% 359 17.6% 75.8%
CT 56, BG 3 853 312 36.6% 54 6.3% 230 27.0% 69.9%
CT 57.01, BG 1 861 321 36.5% 82 9.3% 271 30.8% 76.6%
San Bernardino
County 2,091,206 333,613 16.0% 146,657 7.0% 220,443 10.5% 33.5% California 38,535,926 5,149,742 13.4% 2,276,884 5.9% 3,383,738 8.8% 28.1% Source: American Community Survey, 5-Year Estimates, 2019
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LIMITED ENGLISH PROFICIENCY
Linguistic isolation, often referred to as Limited English Proficiency (LEP), is characterized in terms of a U.S. Census respondent’s ability to speak English and through identification of households that are “Limited English Speaking Households.” In this review, populations are characterized as having a higher degree of linguistic isolation when the percentage of people who speak English “less than very well” is higher than 5% based on U.S. Department of Transportation3 guidance. Limited English Proficiency is not a federally designated EJ category but is considered in this analysis as another underserved population that may require assistance or special consideration in the Project’s environmental analysis.
As shown in Table 3, all Study Area block groups have an LEP population that is lower than the County’s LEP population of 69.6%. However, all Study Area block groups have at least 5% LEP population. Spanish is the Study Area’s most common primary language.
Table 3: Limited English Proficiency Population Percentage Geography
Total Adult
Population,
18 years and
older
Primary Language Group of Persons Who Speak English Less than Very Well Spanish Other Indo-Euro Asian/Pacific Other
# % # % # % # %
CT 41.01, BG 2 2,112 644 30.5% 0 0 0 0% 0 0%
CT 41.03, BG 2 1,293 415 32.1% 0 0 2 0.2% 0 0%
CT 41.03, BG 3 1,340 541 40.4% 0 0 0 0% 0 0%
CT 41.04, BG 2 2,166 1022 47.2% 0 0 87 4.0% 0 0%
CT 42,02, BG 3 1,091 346 31.7% 0 0 20 1.8% 0 0%
CT 46.01, BG 5 791 8 1.0% 0 0 35 4.4% 0 0%
CT 46.04, BG 1 610 82 13.4% 0 0 6 1.0% 0 0%
CT 46.04, BG 2 1,144 321 28.1% 0 0 0 0% 0 0%
CT 46.04, BG 3 965 148 15.3% 0 0 0 0% 0 0%
CT 46.04, BG 4 961 216 22.5% 0 0 0 0% 0 0%
CT 47, BG 1 869 233 26.8% 0 0 0 0% 6 0.7%
CT 47, BG 2 722 214 29.6% 0 0 0 0% 6 0.8%
CT 47, BG 3 780 442 56.7% 0 0 0 0% 0 0%
CT 47, BG 4 601 182 30.3% 0 0 0 0% 0 0%
CT 47, BG 5 775 289 37.3% 0 0 0 0% 0 0%
CT 48, BG 1 1,111 503 45.3% 0 0 6 0.5% 0 0%
CT 48, BG 2 1,020 517 50.7% 0 0 0 0% 0 0%
CT 49, BG 4 900 278 30.9% 0 0 12 1.3% 0 0%
CT 54, BG 1 1,108 318 28.7% 0 0 36 3.3% 0 0%
CT 54, BG 2 843 273 32.4% 0 0 10 1.2% 0 0%
CT 55, BG 4 1,498 642 42.9% 0 0 0 0% 0 0%
3 https://www.federalregister.gov/documents/2005/12/14/05-23972/policy-guidance-concerning-recipients-responsibilities-to-limited-englishproficient-lep-persons
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Geography
Total Adult
Population,
18 years and
older
Primary Language Group of Persons Who Speak English Less than Very Well Spanish Other Indo-Euro Asian/Pacific Other
# % # % # % # %
CT 55, BG 5 534 220 41.2% 0 0 0 0% 0 0%
CT 56, BG 1 826 70 8.5% 0 0 23 2.8% 0 0%
CT 56, BG 2 1,148 419 36.5% 0 0 0 0% 0 0%
CT 56, BG 3 550 205 37.3% 0 0 0 0% 0 0%
CT 57.01, BG 1 820 200 24.4% 0 0 125 15.2% 0 0%
San Bernardino
County 92,821 64,635 69.6% 2,546 2.7% 23,669 25.5% 1,971 2.1% California 2,276,206 1,283,229 56.4% 201,405 8.8% 736,487 32.4% 55,085 2.4% Source: American Community Survey, 5-Year Estimates, 2019 Community Description
The community within the Study Area is primarily comprised of low-income, minority residents in dense, single-family neighborhoods. Based on CalEnviroScreen 4.0 data, unemployment is higher in the Study Area than in the County, most census tracts have low educational attainment, and several of the census tracts were identified as have “housing-burdened low-income households,” which are those that are both low-income and have a high housing cost burden.
The Study Area residents are on average less than 0.5 mile from the existing railroad ROW and I-215.
These residents may be exposed to air quality, aesthetic, noise, and traffic effects from existing railroad and I-215 operations.
Most local streets have sidewalks on both sides, and residents park in driveways or on the street. Homes are well cared for with grass lawns and metal or wood fences. Photographs of each Project segment are in Appendix B: Photographs.
Potential Impacts
The Draft EIR used a summary of projections contained in an adopted plan (i.e., the City of San Bernardino General Plan (SBGP)) to determine the Project’s potential cumulative impacts; see Draft EIR Section 3.2.
The SBGP EIR4 analyzed the expected environmental effects of buildout in SBGP EIR Sections 5.1 through
5.15. The SBGP EIR analyzed three main elements: (1) a comprehensive update of the City’s General Plan (except the Housing Element); (2) the University District Specific Plan; and (3) Arrowhead Springs Specific Plan (AHS) with associated annexation.
4 City of San Bernardino. (2005). San Bernardino General Plan Update and Associated Specific Plans Environmental Impact Report. San Bernardino, CA: The Planning Center.
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Potential impacts related to the community (air quality, aesthetics and visual quality, noise, and traffic and access) are described below:
Air quality: Project construction would result in short-term air quality impacts from demolition, grading, and other construction activities. As discussed in the Draft EIR Section 4.2, the Project’s construction impacts concerning air quality would be less than significant following compliance with Standard Condition SC AQ-1 (requiring contractors to comply with South Coast Air Quality Management District Rule 402 and 403), and incorporation mitigation MM AQ-1 (requiring 2010 or newer diesel haul trucks and Tier 4 construction equipment). During operations, Project implementation would reduce locomotive emissions, resulting in a net decrease in emissions for all pollutants, and the operational emissions would not exceed South Coast AQMD risk thresholds. Although EJ communities are within the Study Area, there would not be a disproportionately high and adverse effect on EJ populations associated with air quality during Project construction or operations because air quality impacts would be less than significant after mitigation.
Aesthetics and visual impacts: Project construction would result in minimal temporary aesthetics and visual impacts from security lighting. As discussed in the Draft EIR Section 4.1, there are no scenic vistas or scenic highways, which would be adversely affected by Project construction or operations. Security lighting would not result in additional light or glare to surrounding uses as lighting would be deflected away from adjacent properties and public rights-of-way. Because the Project site and surrounding area are largely developed, the lighting associated with the Project would not substantially increase light or glare within the Project site or its surroundings. Although EJ communities are within the Study Area, there would not be a disproportionately high and adverse effect on EJ populations associated with aesthetics and visual quality during Project construction or operations because there would not be significant aesthetic and visual impacts.
Noise: Project construction would result in temporary noise impacts from demolition, grading, and other construction activities. As discussed in the Draft EIR Section 4.11, construction noise would be less than significant with mitigation MM NOI-1 (requiring mufflers, noise reduction for stationary equipment within 50 feet of a sensitive receptor, locating maintenance, parking, and staging areas away from sensitive receptors, use of electric instead of pneumatic or internal combustion-powered equipment where possible, limiting idling and use of horns, whistles, alarms, and bells), MM NOI-2 (notifying businesses within 100 feet of the Project site), MM NOI-3 (posting a sign with contractor contact information for the public to report a noise complaint), and MM NOI-4 (construction of sound walls). The Project includes sound walls to mitigate operational noise, including in areas where the Project would not result in a significant impact but experience existing noise above applicable thresholds, or where the City has requested sound walls.
Although EJ communities are within the Study Area, there would not be a disproportionately high and adverse effect on EJ populations associated with noise during Project construction or operations because noise impacts would be less than significant after mitigation.
Traffic and access: Project construction would generate 38 peak hour trips and require temporary road closures. Because the Project would remove existing land uses, Project implementation is forecast to reduce traffic by 572 average daily trips (-50 AM peak hour trips and -61 PM peak hour trips); see Draft EIR Table 4.14-3. To accommodate the proposed rail and ancillary improvements, the Project includes circulation and roadway improvements and modifications to multiple City roadways, including vacations, realignments, and cul-de-sacs. Although EJ communities are within the Study Area, there would not be a
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disproportionately high and adverse effect on EJ populations associated with traffic and access disruptions during Project construction or operations because there would not be significant traffic or access impacts.
Conclusion
Overall, there would not be a disproportionately high and adverse effect on EJ populations from Project construction or operations. This determination is based on two metrics:
1. Are there EJ communities in the Study Area? Yes. Census data confirms that low-income and minority populations that meet the criteria for EJ are present within the Project area. Additionally, LEP communities are present within the Project area.
2. Are there adverse effects from the Project? No. Although the Project would result in impacts, these would be below the threshold of “significant impact” for any resource, which accounts for proposed mitigation.
A summary of impacts relevant to the community is below.
Table 4: Impact Summary
Topic Significant Impact?*
Disproportionately High and Adverse
Effect on EJ Community?
Air quality No, after mitigation No
Aesthetics and Visual Quality No No
Noise No, after mitigation No
Traffic No No
*For purposes of this assessment, significance accounts for proposed mitigation Therefore, no further action is required.
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MARCH 2021
Source: Esri, American Community Survey, 5-Year Estimates, 2019.
Exhibit 1: Community Boundaries
CT 46.04
BG 3
CT 47
BG 5
CT 47
BG 2
CT 41.01
BG 2
CT 41.03
BG 2
CT 42.02
BG 3 CT 47
BG 3
CT 55
CT 47 BG 5
BG 1
CT 48
BG 1
CT 49
BG 4
CT 47
BG 4
CT 56
BG 3
CT 41.04
BG 2
CT 46.04
BG 4
CT 46.04
BG 2
CT 46.01
BG 5
CT 56
BG 2
CT 48
BG 2
CT 41.03
BG 3
CT 55
BG 4
CT 56
BG 1
CT 57.01
BG 1
CT 54
BG 1 CT 54
BG 2
CT 46.04
BG 1
215
210
0 0.5 1
I Miles
Project Footprint
EJ Resource Study Area
Census Block Groups
Comprising RSA
City of
San Bernardino
16th Street
Baseline Street
Mt. Vernon Ave.
6th Street
Highland Avenue
BNSF Ono Lead Track Extension Project
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MARCH 2021
Source: Esri, American Community Survey, 5-Year Estimates, 2019.
Exhibit 2: Minority Population Percentages
CT 46.04
BG 3
CT 47
BG 5
CT 47
BG 2
CT 41.01
BG 2
CT 41.03
BG 2
CT 42.02
BG 3 CT 47
BG 3
CT 55
CT 47 BG 5
BG 1
CT 48
BG 1
CT 49
BG 4
CT 47
BG 4
CT 56
BG 3
CT 41.04
BG 2
CT 46.04
BG 4
CT 46.04
BG 2
CT 46.01
BG 5
CT 56
BG 2
CT 48
BG 2
CT 41.03
BG 3
CT 55
BG 4
CT 56
BG 1
CT 57.01
BG 1
CT 54
BG 1 CT 54
BG 2
CT 46.04
BG 1
0 0.5 1
Miles
Project Footprint
EJ Resource Study Area
Census Block Groups
I Comprising RSA
215
210
City of
San Bernardino
Highland Avenue
16th Street
Baseline Street
Mt. Vernon Ave.
6th Street
% Minority Population
1% - 15%
15% - 25%
25% - 50%
50% - 71.47%
71.47% - 100%
BNSF Ono Lead Track Extension Project
8.e
Packet Pg. 460 Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of BNSF Ono Lead Track Extension Project EIR
MARCH 2021 Exhibit 3: Low-Income Population Percentages Source: Esri, American Community Survey, 5-Year Estimates, 2019.
CT 46.04
BG 3
CT 47
BG 5
CT 47
BG 2
CT 41.01
BG 2
CT 41.03
BG 2
CT 42.02
BG 3 CT 47
BG 3
CT 55
CT 47 BG 5
BG 1
CT 48
BG 1
CT 49
BG 4
CT 47
BG 4
CT 56
BG 3
CT 41.04
BG 2
CT 46.04
BG 4
CT 46.04
BG 2
CT 46.01
BG 5
CT 56
BG 2
CT 48
BG 2
CT 41.03
BG 3
CT 55
BG 4
CT 56
BG 1
CT 57.01
BG 1
CT 54
BG 1 CT 54
BG 2
CT 46.04
BG 1
0 0.5 1
Miles
Project Footprint
EJ Resource Study
Area
Census Block Groups I
Comprising RSA
215
210
City of
San Bernardino
Highland Avenue
16th Street
Baseline Street Mt. Vernon Ave.
6th Street
% Low-Income Population
1% - 15%
15% - 35.97%
35.98% - 50%
50% - 75%
76% - 100%
BNSF Ono Lead Track Extension Project
8.e
Packet Pg. 461 Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of kimley
-horn.com 1100 W. Town and Country Drive, Orange, CA 92868 714-939-1030 Appendix A
Studied Designs
8.e
Packet Pg. 462 Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
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Packet Pg. 463
Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
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Packet Pg. 464
Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
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Packet Pg. 465
Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
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Packet Pg. 466
Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
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Packet Pg. 467
Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
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Packet Pg. 468
Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
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Packet Pg. 469
Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
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Packet Pg. 470
Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
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Packet Pg. 471
Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
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Packet Pg. 472
Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
8.e
Packet Pg. 473 Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
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Packet Pg. 474
Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
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Packet Pg. 475
Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of Appendix
B
Photographs
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Packet Pg. 476 Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of Figure 1 - Segment 01 Neighborhood
(Kern St)
Figure 2 - Segment 02 Neighborhood
(Ramona Ave)
Figure 3 - Segment 03 Neighborhood
(W 19th Street)
Figure 4 - Segment 04 Neighborhood
(N Davidson Ave)
Figure 5 - Segment 05 Neighborhood
(W J Street)
Figure 6 - Segment 06 Neighborhood
(N Crescent Ave)
8.e
Packet Pg. 477 Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of Figure 7 - Segment 07 Neighborhood
(Home Ave)
Figure 8 - Segment 08 Neighborhood
(N Berkeley Ave)
Figure 9 - Segment 09 Neighborhood
(N Perris St)
Figure 10 - Segment 10 Neighborhood
(H St)
8.e
Packet Pg. 478 Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of Figure 11 – Segment 11 Neighborhood
(W 6th St)
Figure 12 – Segment 12 Neighborhood
(N J St)
8.e
Packet Pg. 479 Attachment: Attachment 5 - Environmental Justice Review Technical Memorandum (8890 : Resolution Approving Street Vacation of a Portion of
8.f
Packet Pg. 480 Attachment: Attachment 6 - Spruce Street & 6th Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I
8.f
Packet Pg. 481 Attachment: Attachment 6 - Spruce Street & 6th Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I
8.f
Packet Pg. 482 Attachment: Attachment 6 - Spruce Street & 6th Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I
8.f
Packet Pg. 483 Attachment: Attachment 6 - Spruce Street & 6th Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I
8.f
Packet Pg. 484 Attachment: Attachment 6 - Spruce Street & 6th Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I
8.f
Packet Pg. 485 Attachment: Attachment 6 - Spruce Street & 6th Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I
8.f
Packet Pg. 486 Attachment: Attachment 6 - Spruce Street & 6th Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I
8.f
Packet Pg. 487 Attachment: Attachment 6 - Spruce Street & 6th Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I
8.f
Packet Pg. 488 Attachment: Attachment 6 - Spruce Street & 6th Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I
8.f
Packet Pg. 489 Attachment: Attachment 6 - Spruce Street & 6th Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I
8.f
Packet Pg. 490 Attachment: Attachment 6 - Spruce Street & 6th Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I
8.g
Packet Pg. 491 Attachment: Attachment 7 - 6th & 7th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.g
Packet Pg. 492 Attachment: Attachment 7 - 6th & 7th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.g
Packet Pg. 493 Attachment: Attachment 7 - 6th & 7th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.g
Packet Pg. 494 Attachment: Attachment 7 - 6th & 7th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.g
Packet Pg. 495 Attachment: Attachment 7 - 6th & 7th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.g
Packet Pg. 496 Attachment: Attachment 7 - 6th & 7th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.g
Packet Pg. 497 Attachment: Attachment 7 - 6th & 7th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.g
Packet Pg. 498 Attachment: Attachment 7 - 6th & 7th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.g
Packet Pg. 499 Attachment: Attachment 7 - 6th & 7th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.g
Packet Pg. 500 Attachment: Attachment 7 - 6th & 7th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.h
Packet Pg. 501 Attachment: Attachment 8 - 7th & 8th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.h
Packet Pg. 502 Attachment: Attachment 8 - 7th & 8th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.h
Packet Pg. 503 Attachment: Attachment 8 - 7th & 8th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.h
Packet Pg. 504 Attachment: Attachment 8 - 7th & 8th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.h
Packet Pg. 505 Attachment: Attachment 8 - 7th & 8th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.h
Packet Pg. 506 Attachment: Attachment 8 - 7th & 8th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.h
Packet Pg. 507 Attachment: Attachment 8 - 7th & 8th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.h
Packet Pg. 508 Attachment: Attachment 8 - 7th & 8th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.h
Packet Pg. 509 Attachment: Attachment 8 - 7th & 8th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.i
Packet Pg. 510 Attachment: Attachment 9 - 8th & 10th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.i
Packet Pg. 511 Attachment: Attachment 9 - 8th & 10th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.i
Packet Pg. 512 Attachment: Attachment 9 - 8th & 10th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.i
Packet Pg. 513 Attachment: Attachment 9 - 8th & 10th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.i
Packet Pg. 514 Attachment: Attachment 9 - 8th & 10th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.i
Packet Pg. 515 Attachment: Attachment 9 - 8th & 10th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.i
Packet Pg. 516 Attachment: Attachment 9 - 8th & 10th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.i
Packet Pg. 517 Attachment: Attachment 9 - 8th & 10th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.i
Packet Pg. 518 Attachment: Attachment 9 - 8th & 10th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.i
Packet Pg. 519 Attachment: Attachment 9 - 8th & 10th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.i
Packet Pg. 520 Attachment: Attachment 9 - 8th & 10th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.i
Packet Pg. 521 Attachment: Attachment 9 - 8th & 10th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.j
Packet Pg. 522 Attachment: Attachment 10 - 10th & 11th & Olive Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of
8.j
Packet Pg. 523 Attachment: Attachment 10 - 10th & 11th & Olive Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of
8.j
Packet Pg. 524 Attachment: Attachment 10 - 10th & 11th & Olive Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of
8.j
Packet Pg. 525 Attachment: Attachment 10 - 10th & 11th & Olive Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of
8.j
Packet Pg. 526 Attachment: Attachment 10 - 10th & 11th & Olive Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of
8.j
Packet Pg. 527 Attachment: Attachment 10 - 10th & 11th & Olive Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of
8.j
Packet Pg. 528 Attachment: Attachment 10 - 10th & 11th & Olive Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of
8.j
Packet Pg. 529 Attachment: Attachment 10 - 10th & 11th & Olive Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of
8.j
Packet Pg. 530 Attachment: Attachment 10 - 10th & 11th & Olive Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of
8.j
Packet Pg. 531 Attachment: Attachment 10 - 10th & 11th & Olive Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of
8.j
Packet Pg. 532 Attachment: Attachment 10 - 10th & 11th & Olive Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of
8.j
Packet Pg. 533 Attachment: Attachment 10 - 10th & 11th & Olive Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of
8.k
Packet Pg. 534 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 535 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 536 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 537 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 538 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 539 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 540 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 541 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 542 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 543 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 544 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 545 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 546 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 547 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 548 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 549 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 550 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 551 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.k
Packet Pg. 552 Attachment: Attachment 11 - 11th & 14th – Legal Description & Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward
8.l
Packet Pg. 553 Attachment: Attachment 12 - “J” Street & 17th Street & 21st Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a
8.l
Packet Pg. 554 Attachment: Attachment 12 - “J” Street & 17th Street & 21st Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a
8.l
Packet Pg. 555 Attachment: Attachment 12 - “J” Street & 17th Street & 21st Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a
8.l
Packet Pg. 556 Attachment: Attachment 12 - “J” Street & 17th Street & 21st Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a
8.l
Packet Pg. 557 Attachment: Attachment 12 - “J” Street & 17th Street & 21st Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a
8.l
Packet Pg. 558 Attachment: Attachment 12 - “J” Street & 17th Street & 21st Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a
8.l
Packet Pg. 559 Attachment: Attachment 12 - “J” Street & 17th Street & 21st Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a
8.l
Packet Pg. 560 Attachment: Attachment 12 - “J” Street & 17th Street & 21st Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a
8.l
Packet Pg. 561 Attachment: Attachment 12 - “J” Street & 17th Street & 21st Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a
8.l
Packet Pg. 562 Attachment: Attachment 12 - “J” Street & 17th Street & 21st Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a
8.l
Packet Pg. 563 Attachment: Attachment 12 - “J” Street & 17th Street & 21st Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a
8.l
Packet Pg. 564 Attachment: Attachment 12 - “J” Street & 17th Street & 21st Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a
8.l
Packet Pg. 565 Attachment: Attachment 12 - “J” Street & 17th Street & 21st Street – Legal Description & Map (8890 : Resolution Approving Street Vacation of a
8.m
Packet Pg. 566 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 567 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 568 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 569 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 570 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 571 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 572 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 573 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 574 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 575 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 576 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 577 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 578 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 579 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 580 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 581 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 582 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 583 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 584 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 585 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 586 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 587 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 588 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 589 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 590 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 591 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 592 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 593 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 594 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 595 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 596 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 597 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 598 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 599 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 600 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 601 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 602 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 603 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 604 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 605 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 606 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 607 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 608 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 609 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 610 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
8.m
Packet Pg. 611 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 612 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 613 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 614 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 615 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 616 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 617 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 618 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 619 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 620 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 621 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 622 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 623 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 624 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 625 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 626 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 627 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 628 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 629 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 630 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 631 Attachment: Attachment 13 - Resolution No. 2022-004-PC (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3))
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Packet Pg. 632 Attachment: Attachment 14 - Aerial Map (8890 : Resolution Approving Street Vacation of a Portion of I Street (Ward 3)) Public Hearing – Proposed Street Vacation
Portion of “I” Street between Spruce and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street.
Presented by Alex Qishta, Deputy Director / City Engineer
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Packet Pg. 633 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street Public Hearing – Street Vacation
Applicant: BNSF Railway Company
Reason for Request:
• The project will improve the Yard’s operational
efficiency by reducing train congestion along
the existing lead tracks and reduce train idling,
as trains wait to enter and exit the yard.
• The project involves construction of a fourth
track along approximately 4.3 miles of an
existing corridor.
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Packet Pg. 634 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street Public Hearing – Street Vacation
Proposed Vacation
of “I” Street:
Extends Fourth Lead Track and includes
Ancillary and Related Improvements:
• Sound Walls
• Circulation/Roadway
• Stormwater Drainage/Water Quality
No Increase in Rail Line Operations
Results in Key Community Enhancements:
• Improved Air Quality
• Reduced Noise
• Roadway/Street Improvements
• Improved Stormwater
Drainage/Water Quality
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Packet Pg. 635 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street Project Highlights
Flood Control:
• Installation of approximately 2,500 linear feet of concrete channel • Installation of approximately 7,500 linear feet of drainage ditch • Installation of approximately 3,100 linear feet of new storm drain Water Treatment:
• Construct a 30,000 square feet infiltration basin to provide water treatment for project runoff and existing runoff
Sound Walls:
• Installation of sound walls that will reduce post-project noise levels • Approximately 9,600 linear feet proposed of sound walls Air Quality Improvements:
• Reduction in train idling of an estimated 6.5 hours per day (43% less)
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Packet Pg. 636 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street Public Hearing – Street Vacation
Street Vacation
of “I” Street (Aerial View)
Total Length: 4.3 Linear Miles
Project Area Totals Approximately 41 Acres
Including:
• Existing BNSF Right-of-Way
• Adjacent Properties where Project
Improvements and/or property
acquisitions Proposed
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Packet Pg. 637 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street Public Hearing – Street Vacation
Infrastructure Improvements
Example of existing conditions
N “I” Street at 7th Street:
Example of street
improved to City
standards:
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Packet Pg. 638 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street Vacation of remnant
ROW underneath
existing BNSF tracks
Partial Street Vacation Between “I” Street and
Spruce Street and a Vacant Lot
Installation of
Sound Walls
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Packet Pg. 639 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street Vacation of existing N “I”
Street, and relocation
immediately north of
existing location.
Street Relocation of North “I” Street Between
W 6th Street and W 9th Street
Installation of
Sound Walls
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Packet Pg. 640 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street N “I” Street converted to
private driveway access
for remaining resident at
the request of the
property owner.
North “I” Street Between W 10th & W 11
th Street
Installation of
Sound Wall
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Packet Pg. 641 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street N “J” Street relocated &
Portion remnant of N “J”
Street vacated
N “J” Street Knuckle Vacation & Relocation
Installation of
Sound Wall
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Packet Pg. 642 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street Vacation of unimproved
segment of W 21st Street
W 21st Street Vacation
Sound Wall
Installation
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Packet Pg. 643 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street Public Hearing – Alley Vacation
• Proposed street vacation is consistent with General Plan Circulation Element Goals: 6.7, 6.7.1, and 6.7.3.
• Planning Commission concludes proposed vacation would result in no impact/less than significant impact following compliance with existing regulatory framework for most issue areas.
• Utility companies notified.
• Notice of this hearing was posted and published; and mailed to surrounding property owners.
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Packet Pg. 644 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street Public Hearing – CEQA
An Environmental Impact Report was prepared and accepted focusing on the potential environmental impacts of the Project.
The findings concluded less than significant impacts for all affected areas through the adoption of mitigation efforts.
An Environmental Justice Review was completed and reviewed by City Staff. Due to mitigation efforts, there will not be a disproportionately high and adverse effect on Environmental Justice populations from the Project construction or operations.
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Packet Pg. 645 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street Questions?
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Packet Pg. 646 Attachment: Attachment 15 - PowerPoint Presentation [Revision 1] (8890 : Resolution Approving Street
Public Hearing
City of San Bernardino
Request for Council Action
Date: June 1, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Deputy Director of Public Works/ City Engineer Subject: Public Hearing on Annexation No. 14 to Community Facilities District 2019-1 (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing;
2. Adopt Resolution No. 2022-104 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. 14);
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2022-105 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. 14);
5. Introduce, read by title only, and waive further reading of Ordinance No. MC1581 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 2022-23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1581 for June 15, 2022.
Background
On April 6, 2022, the Mayor and City Council adopted Resolution No. 2022-69, a 9 Packet Pg. 647
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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 June 1, 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 14, Document No. 2022-0135962 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 0.46 gross acres of vacant commercial property 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. 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 15 and is located east of I-215 at the northwest intersection of West Mill Street and South Stoddard Avenue, as shown in Attachment #13.
The maximum annual special tax for this development has been calculated to be $5,277 per acre 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 MelloRoos 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 9 Packet Pg. 648
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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 15, 2022.
Discussion
The Resolution of Intention called for a public hearing to be held on June 1, 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. 2022-104, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022-105 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.
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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 $2,433 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;
2. Adopt Resolution No. 2022-104 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. 14);
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2022-105 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. 14);
5. Introduce, read by title only, and waive further reading of Ordinance No. MC1581 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 2022-23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
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6. Schedule the adoption of Ordinance No. MC-___ for June 15, 2022.
Attachments
Attachment 1 Resolution No. 2022-104 Resolution 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. 2022-105 Resolution Declaring Election Results Attachment 6 Exhibit A Certificate of Election Results
Attachment 7 Ordinance MC-1581
Attachment 8 Exhibit A Description of Services
Attachment 9 Exhibit B Parcel List
Attachment 10 Signed Petition
Attachment 11 Proof of Publication Notice of Public Hearing Attachment 12 PowerPoint Presentation
Attachment 13 Project Map
Ward: 3
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “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.
April 6, 2022 Mayor and City Council adopted Resolution No. 2022-69, 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”. 9 Packet Pg. 651
Resolution No. 2022-104
Resolution 2022-104
June 1, 2022
RESOLUTION NO. 2022-104
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.
14)
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 taxes 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. 2022-69 (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 June 1, 2022; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 14 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 on Page 14, in the office of the San Bernardino County Recorder; and
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Packet Pg. 652 Attachment: Attachment 1 - Resolution No. 2022-104 Resolution Calling Election (8947 : Public Hearing on Annexation No. 14 to Community Resolution No. 2022-104
Resolution 2022-104
June 1, 2022
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the Mayor and City Council on June 1, 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 June 1, 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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Packet Pg. 653 Attachment: Attachment 1 - Resolution No. 2022-104 Resolution Calling Election (8947 : Public Hearing on Annexation No. 14 to Community Resolution No. 2022-104
Resolution 2022-104
June 1, 2022
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 June 1, 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. 654 Attachment: Attachment 1 - Resolution No. 2022-104 Resolution Calling Election (8947 : Public Hearing on Annexation No. 14 to Community Resolution No. 2022-104
Resolution 2022-104
June 1, 2022
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 June 1, 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 June 1, 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. 655 Attachment: Attachment 1 - Resolution No. 2022-104 Resolution Calling Election (8947 : Public Hearing on Annexation No. 14 to Community Resolution No. 2022-104
Resolution 2022-104
June 1, 2022
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1
st day of June 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. 656 Attachment: Attachment 1 - Resolution No. 2022-104 Resolution Calling Election (8947 : Public Hearing on Annexation No. 14 to Community Resolution No. 2022-104
Resolution 2022-104
June 1, 2022
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-104, adopted at a regular meeting held on the 1 st day of June 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 2 nd day of June 2022.
Genoveva Rocha, CMC, City Clerk
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Packet Pg. 657 Attachment: Attachment 1 - Resolution No. 2022-104 Resolution Calling Election (8947 : Public Hearing on Annexation No. 14 to Community
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. 14 is currently comprised of one parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APN).
APN Owner Name
0136-191-21 Ahmad Family Trust
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Packet Pg. 658 Attachment: Attachment 2 - Exhibit A - Description of Territory (8947 : Public Hearing on Annexation No. 14 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. 659 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 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. 660 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 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. 661 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 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. 662 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 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. 663 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 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. 664 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 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. 665 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 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. 666 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 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. 667 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 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. 668 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 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 15
APN 0136‐191‐21
Item Description Estimated Cost
1 Lighting $100
2 Streets $1,568
3 Reserves $15
4 Admin $750
Total $2,433
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 15
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $5,277 $0
TAX ZONE 15
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $5,277 $0
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Packet Pg. 669 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 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 To Be Determined
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. 670 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 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. 671 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 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
9.c
Packet Pg. 672 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on Annexation No. 14 to Community Facilities
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Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : Public Hearing on
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Packet Pg. 674
Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8947 : 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. 14
(June 1, 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
Ahmad Family Trust 0.46 1
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than May 18, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on June 1, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on June 1, 2022.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
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Packet Pg. 675 Attachment: Attachment 4 - Exhibit C - Special Election Ballot (8947 : Public Hearing on Annexation No. 14 to Community Facilities District TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Ahmad Family Trust
Attn: Syed Irfan Ahmad
6916 Roddick Drive
Highland, CA 92346
0136-191-21
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. 14 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__.
Ahmad Family Trust
By: Syed Irfan Ahmad
Signature
Print Name
Title
9.d
Packet Pg. 676 Attachment: Attachment 4 - Exhibit C - Special Election Ballot (8947 : Public Hearing on Annexation No. 14 to Community Facilities District Resolution No. 2022-105
Resolution 2022-105
June 1, 2022
RESOLUTION NO. 2022-105
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. 14)
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 June 1, 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 June 1, 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
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Packet Pg. 677 Attachment: Attachment 5 - Resolution No. 2022-105 Resolution Declaring Election Results (8947 : Public Hearing on Annexation No. 14 to Resolution No. 2022-105
Resolution 2022-105
June 1, 2022
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. 2022-69 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. 14 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 14, 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 1
st day of June 2022.
John Valdivia, Mayor
City of San Bernardino
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Packet Pg. 678 Attachment: Attachment 5 - Resolution No. 2022-105 Resolution Declaring Election Results (8947 : Public Hearing on Annexation No. 14 to Resolution No. 202
2-105
Resolution 2022-105
June 1, 2022
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Packet Pg. 679 Attachment: Attachment 5 - Resolution No. 2022-105 Resolution Declaring Election Results (8947 : Public Hearing on Annexation No. 14 to Resolution No. 2022-105
Resolution 2022-105
June 1, 2022
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-105, adopted at a regular meeting held on the 1 st day of June 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 2 nd day of June 2022.
Genoveva Rocha, CMC, City Clerk
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Packet Pg. 680 Attachment: Attachment 5 - Resolution No. 2022-105 Resolution Declaring Election Results (8947 : Public Hearing on Annexation No. 14 to
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 14
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 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
Ahmad Family Trust 1 1
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)
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Packet Pg. 681 Attachment: Attachment 6 - Exhibit A Certificate of Election Results (8947 : Public Hearing on Annexation No. 14 to Community Facilities Ordinance MC-1581
ORDINANCE NO. MC-1581
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 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 June 1, 2022, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed 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 within the District on
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Packet Pg. 682 Attachment: Attachment 7 - Ordinance MC-1581 Levying Special Taxes (8947 : Public Hearing on Annexation No. 14 to Community Facilities Ordinance MC-1581
the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and 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
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Packet Pg. 683 Attachment: Attachment 7 - Ordinance MC-1581 Levying Special Taxes (8947 : Public Hearing on Annexation No. 14 to Community Facilities Ordinance MC
-1581
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Packet Pg. 684 Attachment: Attachment 7 - Ordinance MC-1581 Levying Special Taxes (8947 : Public Hearing on Annexation No. 14 to Community Facilities Ordinance MC-1581
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-1581, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 1
st day of June, 2022. Ordinance No. MC-1581 was
approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2022.
Genoveva Rocha, CMC, City Clerk
9.g
Packet Pg. 685 Attachment: Attachment 7 - Ordinance MC-1581 Levying Special Taxes (8947 : Public Hearing on Annexation No. 14 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.
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Packet Pg. 686 Attachment: Attachment 8 - Exhibit A - Description of Services (8947 : Public Hearing on Annexation No. 14 to Community Facilities District
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of June 15, 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 Ahmad Family Trust 0136-191-21
15 To Be Determined
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
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Packet Pg. 687 Attachment: Attachment 9 - Exhibit B - Parcel List (8947 : Public Hearing on Annexation No. 14 to Community Facilities District 2019-1 (Ward 3))
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Packet Pg. 688 Attachment: Attachment 10 – Signed Petition (8947 : Public Hearing on Annexation No. 14 to Community Facilities District 2019-1 (Ward 3))
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Packet Pg. 689 Attachment: Attachment 10 – Signed Petition (8947 : Public Hearing on Annexation No. 14 to Community Facilities District 2019-1 (Ward 3))
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Packet Pg. 690 Attachment: Attachment 10 – Signed Petition (8947 : Public Hearing on Annexation No. 14 to Community Facilities District 2019-1 (Ward 3))
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Packet Pg. 691 Attachment: Attachment 10 – Signed Petition (8947 : Public Hearing on Annexation No. 14 to Community Facilities District 2019-1 (Ward 3))
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Packet Pg. 692 Attachment: Attachment 10 – Signed Petition (8947 : Public Hearing on Annexation No. 14 to Community Facilities District 2019-1 (Ward 3))
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Packet Pg. 693 Attachment: Attachment 10 – Signed Petition (8947 : Public Hearing on Annexation No. 14 to Community Facilities District 2019-1 (Ward 3)) 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 3585682
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 for CFD 2019-1 Annex 14
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:
05/18/2022
05/18/2022
SAN BERNARDINO
!A000006022913! Email
NOTICE OF PUBLIC HEARING
ON INTENTION TO ANNEX
TERRITORY TO AN EXISTING
COMMUNITY FACILITIES
DISTRICT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO. 14)
NOTICE IS HEREBY GIVEN that
the City Council of the City of San
Bernardino on April 6, 2022 adopted
its Resolution No. 2022-69, in which it
declared its intention to annex
territory to existing Community
Facilities District No. 2019-1
(Maintenance Services) (the "CFD
No. 2019-1"), and to levy a special tax
to pay for certain maintenance
services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982,
Chapter 2.5, Part 1, Division 2, Title
5 of the California Government
Code. The resolution describes the
territory to be annexed and
describes the rate and method of
apportionment of the proposed
special tax. No change in the tax
levied in the existing CFD No. 2019-1
is proposed.
NOTICE IS HEREBY FURTHER
GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, June 1, 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 June 1, 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: May 10, 2022
Genoveva Rocha
City Clerk of the City of San Bernardino
PUB: May 18, 2022
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Packet Pg. 694 Attachment: Attachment 11 – Proof of Publication Notice of Public Hearing (8947 : Public Hearing on Annexation No. 14 to Community Facilities Public Hearing
CFD No. 2019-1 Annexation No. 14:
APN 0136-191-21 (Ahmad Family Trust)
Presented by Alex Qishta – Deputy Director / City Engineer
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Packet Pg. 695 Attachment: Attachment 12 - PowerPoint Presentation (8947 : Public Hearing on Annexation No. 14 to Public Hearing on CFD 2019-1 Annexation No. 14
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 15, 2022.
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Packet Pg. 696 Attachment: Attachment 12 - PowerPoint Presentation (8947 : Public Hearing on Annexation No. 14 to Public Hearing on CFD 2019-1 Annexation No. 14
Discussion
• The Property Owner, Ahmad Family Trust, 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. 14 includes one parcel APN 0136-191-21.
• On April 6, 2022 the City Council adopted Resolution No. 2022-69, a Resolution of Intention to annex these properties into CFD No. 2019- 1 and hold a Public Hearing on June 1, 2022. The property owner consented to waiving certain time restrictions and conduct the election the same night.
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Packet Pg. 697 Attachment: Attachment 12 - PowerPoint Presentation (8947 : Public Hearing on Annexation No. 14 to Public Hearing on CFD 2019-1 Annexation No. 14
Discussion (Cont.)
• The proposed maximum annual tax of $5,277 per acre will be included in CFD No. 2019-1 as Tax Zone 15.
• 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. 698 Attachment: Attachment 12 - PowerPoint Presentation (8947 : Public Hearing on Annexation No. 14 to Public Hearing on CFD 2019-1 Annexation No. 14
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. 699 Attachment: Attachment 12 - PowerPoint Presentation (8947 : Public Hearing on Annexation No. 14 to Project Location
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Packet Pg. 700 Attachment: Attachment 12 - PowerPoint Presentation (8947 : Public Hearing on Annexation No. 14 to Public Hearing on CFD 2019-1 Annexation No. 14
Fiscal Impact
• It is anticipated that at build-out the total Special Tax revenues to pay for maintenance costs will be approximately $2,433. 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. 701 Attachment: Attachment 12 - PowerPoint Presentation (8947 : Public Hearing on Annexation No. 14 to Questions?
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Packet Pg. 702 Attachment: Attachment 12 - PowerPoint Presentation (8947 : Public Hearing on Annexation No. 14 to
PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 15
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Packet Pg. 703
Attachment: Attachment 13 - Project Map (8947 : Public Hearing on Annexation No. 14 to Community
Public Hearing
City of San Bernardino
Request for Council Action
Date: June 1, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Deputy Director of Public Works/ City Engineer Subject: Public Hearing on Annexation No. 17 to Community Facilities District 2019-1 (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing;
2. Adopt Resolution No. 2022-106 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. 17);
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2022-107 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. 17);
5. Introduce, read by title only, and waive further reading of Ordinance No. MC1582 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 2022-23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1582 for June 15, 2022.
Background
On April 6, 2022, the Mayor and City Council adopted Resolution No. 2022-71, a 10 Packet Pg. 704
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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 June 1, 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 16, Document No. 2022-0135964 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 0.43 gross acres of vacant commercial property 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 and operation of water quality improvements including storm drainage and flood protection facilities; and
4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.
The proposed area to be annexed into the CFD will be included in Tax Zone 18 and is located west of I-215 at the southeast intersection of North Rancho Avenue and West Rialto Avenue, as shown in Attachment #13.
The maximum annual special tax for this development has been calculated to be $7,433 per acre 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 MelloRoos 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.
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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 15, 2022.
Discussion
The Resolution of Intention called for a public hearing to be held on June 1, 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. 2022-106, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022-107 declaring the results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial 10 Packet Pg. 706
8948
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 $3,196 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;
2. Adopt Resolution No. 2022-106 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. 17);
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2022-107 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. 17);
5. Introduce, read by title only, and waive further reading of Ordinance No. MC1582 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 2022-23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital 10 Packet Pg. 707
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replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1582 for June 15, 2022.
Attachments
Attachment 1 Resolution No. 2022-106 Resolution 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. 2022-107 Resolution Declaring Election Results Attachment 6 Exhibit A - Certificate of Election Results Attachment 7 Ordinance MC-1582
Attachment 8 Exhibit A - Description of Services
Attachment 9 Exhibit B - Parcel List
Attachment 10 Signed Petition
Attachment 11 Proof of Publication Notice of Public Hearing Attachment 12 PowerPoint Presentation
Attachment 13 Project Map
Ward: 3
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “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.
April 6, 2022 Mayor and City Council adopted Resolution No. 2022-71, 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 10 Packet Pg. 708
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provisions of the “Mello-Roos Community Facilities Act of 1982”. 10 Packet Pg. 709
Resolution No. 2022-106
Resolution 2022-106
June 1, 2022
RESOLUTION NO. 2022-106
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.
17)
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 taxes 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. 2022-71 (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 June 1, 2022; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 17 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 16, in the office of the San Bernardino County Recorder; and
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Packet Pg. 710 Attachment: Attachment 1 - Resolution No. 2022-106 Resolution Calling Election (8948 : Public Hearing on Annexation No. 17 to Community Resolution No. 2022-106
Resolution 2022-106
June 1, 2022
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the Mayor and City Council on June 1, 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 June 1, 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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Packet Pg. 711 Attachment: Attachment 1 - Resolution No. 2022-106 Resolution Calling Election (8948 : Public Hearing on Annexation No. 17 to Community Resolution No. 2022-106
Resolution 2022-106
June 1, 2022
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 June 1, 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 18, 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. 712 Attachment: Attachment 1 - Resolution No. 2022-106 Resolution Calling Election (8948 : Public Hearing on Annexation No. 17 to Community Resolution No. 2022-106
Resolution 2022-106
June 1, 2022
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 June 1, 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 June 1, 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. 713 Attachment: Attachment 1 - Resolution No. 2022-106 Resolution Calling Election (8948 : Public Hearing on Annexation No. 17 to Community Resolution No. 2022-106
Resolution 2022-106
June 1, 2022
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1
st day of June 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. 714 Attachment: Attachment 1 - Resolution No. 2022-106 Resolution Calling Election (8948 : Public Hearing on Annexation No. 17 to Community Resolution No. 2022-106
Resolution 2022-106
June 1, 2022
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-106, adopted at a regular meeting held on the 1 st day of June 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 2 nd day of June 2022.
Genoveva Rocha, CMC, City Clerk
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Packet Pg. 715 Attachment: Attachment 1 - Resolution No. 2022-106 Resolution Calling Election (8948 : Public Hearing on Annexation No. 17 to Community
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. 17 is currently comprised of one parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).
APN Owner Name
0142-212-18 George Pearson
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Packet Pg. 716 Attachment: Attachment 2 - Exhibit A - Description of Territory (8948 : Public Hearing on Annexation No. 17 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. 717 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 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. 718 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 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. 719 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 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. 720 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 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. 721 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 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. 722 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 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. 723 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 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. 724 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 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. 725 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 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. 726 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 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 18
CUP 20‐07
Item Description Estimated Cost
1 Lighting $200
2 Streets $1,918
3 Drainage $259
4 Reserves $69
5 Admin $750
Total $3,196
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 18
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $7,433 $0
TAX ZONE 18
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $7,433 $0
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Packet Pg. 727 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 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 To Be Determined
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. 728 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 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. 729 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 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. 730 Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on Annexation No. 17 to Community Facilities
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Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : Public Hearing on
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Packet Pg. 732
Attachment: Attachment 3 - Exhibit B - Rate and Method of Apportionment (8948 : 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. 17
(June 1, 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
George Pearson 0.43 1
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than May 18, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on June 1, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on June 1, 2022.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
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Packet Pg. 733 Attachment: Attachment 4 - Exhibit C - Special Election Ballot (8948 : Public Hearing on Annexation No. 17 to Community Facilities District TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
George Pearson
16868 A Lane
Huntington Beach, CA 92647
0142-212-18
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on April 6, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 17 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__.
George Pearson
Owner
Signature
Print Name
Title
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Packet Pg. 734 Attachment: Attachment 4 - Exhibit C - Special Election Ballot (8948 : Public Hearing on Annexation No. 17 to Community Facilities District Resolution No. 2022-107
Resolution 2022-107
June 1, 2022