Agenda packet — Mayor and City Council, June 15, 2022 (part 2 of 8)

Public Hearing
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Director of Public Works
Subject: Resolution Confirming Assessments for Unpaid Solid Waste Collection Services (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2022-111 of the Mayor and City Council of the City of San Bernardino, California, making determinations and confirming assessments and proceedings for unpaid solid waste collection services.

Background
On April 1, 2016, as part of the City of San Bernardino’s Bankruptcy Recovery Plan, the City of San Bernardino contracted with Burrtec Waste Industries to provide solid waste, recycling, and right of way clean up services.

San Bernardino Municipal Code Section 8.24.050 provides that in the event the bill for solid waste collection service together with any late charge thereon is not paid in full within thirty days after the date of mailing the notice of delinquency to the property owner and tenant pursuant to Chapter 8.24.050(B), the franchised hauler may assign such bill to the City for collection through the initiation of lien and special assessment proceedings.

Discussion
On May 12, 2022, pursuant to Chapter 8.24.050 of the Municipal Code, an administrative hearing was held to hear protests and resolve any inconsistencies or inequities prior to this Public Hearing before the Mayor and City Council. Each affected property owner and tenant were notified of the Administrative Hearing. Fifteen individuals submitted public comments by email. Nine individuals spoke with Burrtec representatives to address delinquent billings. Seven individuals personally appeared before the hearing officer.

Over the course of the last two months, a number of customers have either made 11 Packet Pg. 221
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payment arrangements or paid their delinquencies in full. These customers have been removed from the list of properties to be assessed. The attached delinquency list is current as of May 10, 2022, for consideration by the Mayor and City Council.

A resolution has been prepared confirming the placement of liens on approximately 3,000 accounts and authorizing the subsequent assessment for all fees and charges, should they remain unpaid at the time of submission to the County Assessor. Staff recommends that, as authorized by the San Bernardino Municipal Code, the Mayor and City Council conduct a Public Hearing to consider the placement of liens against the delinquent properties identified in Exhibit A and adopt a resolution authorizing the filing of liens against certain properties for delinquent solid waste accounts with the San Bernardino County Auditor-Controller/Treasurer/Tax Collector/Recorder. Exhibit A identifies delinquent properties identified as of May 10, 2022. 2021-2025 Strategic Targets and Goals
Confirming assessments and proceedings for unpaid solid waste collection services is consistent with Key Target No 1a: Improved Operational & Financial Capacity as the collection of unpaid Solid Waste fees enables the waste hauler to continue providing mandatory waste removal services throughout the City despite non-paying customers.

Fiscal Impact
No fiscal impact to the City. As of May 10, 2022, the total of proposed liens on the parcel list is $835,650.55. The proposed placement of assessments on the listed properties ensures that the City of San Bernardino and Burrtec Waste are able to recover the amounts owed for services provided to the customers.

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

1. Hold a Public Hearing; and

Attachments
Attachment 1 Resolution No. 2022-111
Attachment 2 Exhibit A Delinquent Properties Parcel List as of May 10, 2022 Attachment 3 Hearing Notice - Proof of Mailing
Attachment 4 Notice of Administrative Hearing & Public Hearing on Special Assessment & Lien S.B.M.C. 8.24.050 Feb 2019 - Jan 2022 Attachment 5 Notice of Delinquency S.B.M.C. 8.24.050 City of San Bernardino Attachment 6 Sample Invoice
Attachment 7 City of San Bernardino Municipal Code Section 8.24.040 Attachment 8 City of San Bernardino Municipal Code Section 8.24.050 Attachment 9 Administrative Hearing Decision and Order
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Attachment 10 Administrative Hearing Decision and Order Letter Attachment 11 Administrative Hearing Decision and Order Letter - Proof of Mailing Ward: All
Synopsis of Previous Council Action:

March 06, 2017 The Public Hearing was opened and continued to the Mayor and City Council meeting of March 20, 2017.

March 20, 2017 Resolution No. 2017-50 was approved authorizing the Placement of Liens for Solid Waste Accounts delinquent as of the Second Quarter 2016, Third Quarter 2016, October 2016, and November 2016.

May 15, 2017 Resolution No. 2017-87 was approved authorizing the Placement of Liens for Solid Waste Accounts delinquent as of December 2016 and January 2017.

July 18, 2018 Resolution No. 2018-213 was approved authorizing the Placement of Liens for Solid Waste Accounts delinquent as of February 2017 through January 2018.

July 17, 2019 Resolution No. 2019-181 was approved authorizing the Placement of Liens for Solid Waste Accounts delinquent as of February 2017 through January 2019.

July 1, 2020 Resolution No. 2020-151 was approved authorizing the Placement of Liens for Solid Waste Accounts delinquent as of February 2019 through January 2020.

June 16, 2021 Resolution No. 2021-137 was approved authoring the Placement of Liens for Solid Waste Accounts delinquent as of February 2018 through January 2021.
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Resolution No. 2022-111
Resolution No. 2022-111
June 15, 2022

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RESOLUTION NO. 2022-111

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

MAKING DETERMINATIONS AND CONFIRMING

ASSESSMENTS AND PROCEEDINGS FOR UNPAID SOLID

WASTE COLLECTION SERVICES
WHEREAS, to protect the health, safety, and welfare of the residents of the City of San Bernardino (“City”), and pursuant to San Bernardino Municipal Code (“SBMC”) section

8.24.040(B) every occupied premises in the City is required to have solid waste collection service; and
WHEREAS, on January 25, 2016, the Mayor and City Council approved, by Resolution 2016-10, a ten-year agreement (“Franchise Agreement”) with Burrtec Waste Industries, Inc. (“Franchised Hauler”) to provide solid waste collection services to the City; and, WHEREAS, pursuant to section 21.11.1 of the Franchise Agreement, the Franchised Hauler may not discontinue service for residential premises for nonpayment; and, WHEREAS, pursuant to SBMC section 8.24.050, and provisions of state law including Government Code section 25831, the Franchised Hauler may assign accounts delinquent greater than sixty (60) days to the City to be placed on the annual secured property tax rolls and that any amounts owing would then become a lien on the property; and, WHEREAS, pursuant to SBMC section 8.24.050(B)(1) the Franchised Hauler sent notices to property owners and occupants with accounts delinquent more than forty-five (45) days informing the property owners and occupants of the delinquent amount and that failure to pay that amount within fifteen (15) days of the notice could result in a special assessment and lien upon the property as well as a ten-percent (10%) penalty and one and one-half percent (1.5%) monthly interest charge; and,
WHEREAS, pursuant to SBMC section 8.24.050(C) the Franchised Hauler assigned the delinquent accounts to the City; and
WHEREAS, pursuant to SBMC section 8.24.050(D) the City Manager, through the Director of Public Works, prepared a report of delinquency and initiated proceedings to create a special assessment and lien on the properties with delinquent accounts; and WHEREAS, pursuant to SBMC section 8.24.050(E) the City Manager, through the Director of Public Works, sent notices to the owners and occupants of properties with delinquent accounts giving at least ten (10) days’ notice that an administrative hearing had been set before the Hearing Officer for May 12, 2022 at 1:00 p.m. in the Board Room at 201 N. “E” Street, Third Floor, San Bernardino California and that a public hearing had been set before the Mayor and City Council for June 15, 2022 at 7:00 p.m. in the Council Chambers at 555 W. 6th Street, San Bernardino California; and

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WHEREAS, pursuant to SBMC section 8.24.050(F) the Hearing Officer for the City of San Bernardino, at the aforementioned date, time and place, held an administrative hearing; and, WHEREAS, during the aforementioned administrative hearing, all appeals, protests, or objections, if any, were duly presented and the Hearing Officer gave all persons noticed and present desiring to be heard, an opportunity to be heard in respect to any matter relating to said assessments, to the corrections of said assessments, or to any matter relating to said assessments or the proceedings therefore; and,
WHEREAS, pursuant to SBMC section 8.24.050(G) the Mayor and City Council for the City of San Bernardino, at the aforementioned date, time and place, held a public hearing; and, WHEREAS, during the aforementioned public hearing, all appeals, protests, or objections, if any, were duly presented and the Mayor and City Council gave all persons noticed and present desiring to be heard, an opportunity to be heard in respect to any matter relating to said assessments, to the corrections of said assessments, or to any matter relating to said assessments or the proceedings therefore; and,
WHEREAS, all such persons desiring to be heard have been heard by the Mayor and City Council and the Mayor and City Council are fully informed of the premises.

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

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

SECTION 2. That said administrative and public hearings have been duly held; that each and every step in the proceedings prior to and including the public hearing has been properly and regularly taken; that this Mayor and City Council are satisfied with the correctness of the assessments; the proceedings and all matters relating thereto; and that all protests, objections, or appeals are hereby overruled and denied; and the Mayor and City Council do hereby confirm said proceedings and said assessments.

SECTION 3. That the fees for solid waste collection shall be assessed against the benefitting property and shall be assessed as a lien on the property benefited thereby, which lien shall be included on the tax roll for taxes levied against the property.

SECTION 4. That the prorated first year interest @ 1.5% per month and a penalty of 10% of lien unpaid balance will be added to the delinquent amounts and assessed against the benefitting properties.

SECTION 5. That additional interest shall be charged by the County of San Bernardino if the balance remains unpaid for more than one year.

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SECTION 6. That the parcels to be liened and the amount of said lien are set forth on Exhibit “A” attached hereto and made a part thereof.

SECTION 7. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 8. 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 9. 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 15
th 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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Resolution No. 2022-111
June 15, 2022

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-111, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held on the ___ day of _______, 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.
____________________________________
Genoveva Rocha, CMC, City Clerk

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Public Hearing
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Director of Public Works
Subject: Public Hearing on Annexation No. 15 to Community Facilities District 2019-1 (Ward 1)
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. 2022-112 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. 15);

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

4. Adopt Resolution No. 2022-113 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. 15);

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1584 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 annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No MC-1584 for July 20, 2022.
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Background
On May 4, 2022, the Mayor and City Council adopted Resolution No. 2022-83, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for June 15, 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 May 10, 2022, at 10:39 a.m. in Book 90 Page 31, Document No. 2022-0174219 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 1.00 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 16 and is located east of I-215 at the northwest intersection of W 5th Street and G Street, as shown in Attachment #13.

The maximum annual special tax for this development has been calculated to be $7,089 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 12 Packet Pg. 319
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election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.

In order to annex property to CFD No. 2019-1, pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below:
• Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1, including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted May 4, 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 July 20, 2022.

Discussion
The Resolution of Intention called for a public hearing to be held on June 15, 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. 2022-112 it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022-113 declaring the results of the election.
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2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $7,089 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;

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

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servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No MC-1584 for July 20, 2022.

Attachments
Attachment 1 - Resolution No. 2022-112 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. 2022-113 Declaring Election Results Attachment 6 - Exhibit A Certificate of Election Results Attachment 7 - Ordinance MC-1584
Attachment 8 - Exhibit A Description of Services
Attachment 9 - Exhibit B Parcel List
Attachment 10 - Petition
Attachment 11 - Proof of Publication Notice of Public Hearing Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Ward: 1
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.

May 4, 2022 Mayor and City Council adopted Resolution No. 2022-83, a 12 Packet Pg. 322
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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”. 12 Packet Pg. 323
Resolution No. 2022-112
Resolution 2022-112
June 15, 2022

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RESOLUTION NO. 2022-112

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.
15)
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 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 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 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 City Council on May 4, 2022, duly adopted Resolution No. 2022-83 (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 15, 2022; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 15 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on May 10, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 31, in the office of the San Bernardino County Recorder; and

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Resolution 2022-112
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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on June 15, 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 15, 2022, meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, 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 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 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 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 City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

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

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

SECTION 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the 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 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 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 15, 2022, and shall be conducted as follows:
(a) Qualified Electors. The 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 May 13, 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 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.

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(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 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 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 15, 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 15, 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 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 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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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15
th 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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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. 2022-112, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 15 is currently comprised of eight parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0134-054-02 (Por.) Gateway SB, LLC
0134-054-07 (Por.) Gateway SB, LLC
0134-054-08 (Por.) Gateway SB, LLC
0134-054-09 (Por.) Gateway SB, LLC
0134-054-20 (Por.) Gateway SB, LLC
0134-054-24 Gateway SB, LLC
0134-054-25 Gateway SB, LLC
0134-054-33 Gateway SB, LLC

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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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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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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. 333 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8996 : Public Hearing on Annexation No. 15 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. 334 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8996 : Public Hearing on Annexation No. 15 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. 335 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8996 : Public Hearing on Annexation No. 15 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 bligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)

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Packet Pg. 336 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8996 : Public Hearing on Annexation No. 15 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. 337 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8996 : Public Hearing on Annexation No. 15 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. 338 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8996 : Public Hearing on Annexation No. 15 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. 339 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8996 : Public Hearing on Annexation No. 15 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. 340 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8996 : Public Hearing on Annexation No. 15 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 16
TR 20216
Item Description Estimated Cost
1 Lighting $708
2 Streets $5,352
3 Drainage $150
4 Reserves $129
5 Admin $750
Total $7,089
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.

TAX ZONE 16
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $7,089 $0
TAX ZONE 16
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $7,089 $0

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Packet Pg. 341 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8996 : Public Hearing on Annexation No. 15 to Community Facilities City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services)

TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP 17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson 18 To Be Determined
19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 To Be Determined
22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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Packet Pg. 342 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8996 : Public Hearing on Annexation No. 15 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. 343 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8996 : Public Hearing on Annexation No. 15 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. 344 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8996 : Public Hearing on Annexation No. 15 to Community Facilities

EXHIBIT C

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 15
(June 15, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
Gateway SB, LLC 1.00 1
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

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

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than June 1, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on June 15, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on June 15, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

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Packet Pg. 345 Attachment: Attachment 4 - Exhibit C: Special Election Ballot (8996 : Public Hearing on Annexation No. 15 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):

Gateway SB, LLC
Attn: Jian Torkan
4221 Wilshire Blvd., #380
Los Angeles, CA 90010
0134-054-02 (Por.), 0134-054-07 (Por.),
0134-054-08 (Por.), 0134-054-09 (Por.),
0134-054-20 (Por.), 0134-054-24,
0134-054-25, 0134-054-33

CITY OF SAN BERNARDINO

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

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on May 4, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 15 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

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

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

Gateway SB, LLC
By: Jian Torkan

Signature
Print Name
Title

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Packet Pg. 346 Attachment: Attachment 4 - Exhibit C: Special Election Ballot (8996 : Public Hearing on Annexation No. 15 to Community Facilities District Resolution No. 2022-113
Resolution 2022-113
June 15, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-113

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. 15)
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 15, 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 15, 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. 347 Attachment: Attachment 5 - Resolution No. 2022-113 Declaring Election Results (8996 : Public Hearing on Annexation No. 15 to Community Resolution No. 2022-113
Resolution 2022-113
June 15, 2022

Page 2 of 3 ends

Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2022-83 adopted by the Mayor and City Council on May 4, 2022. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 15 Community Facilities District No. 2019- 1 (Maintenance Services)" a copy of which was recorded, on May 10, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 31, 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 15
th 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. 348 Attachment: Attachment 5 - Resolution No. 2022-113 Declaring Election Results (8996 : Public Hearing on Annexation No. 15 to Community Resolution No. 2022-113
Resolution 2022-113
June 15, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-113, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 349 Attachment: Attachment 5 - Resolution No. 2022-113 Declaring Election Results (8996 : Public Hearing on Annexation No. 15 to Community

EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 15

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, date May 13, 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
Gateway SB, LLC 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. 350 Attachment: Attachment 6 - Exhibit A: Certificate of Election Results (8996 : Public Hearing on Annexation No. 15 to Community Facilities Ordinance MC-1584
1 ORDINANCE NO. MC-1584

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 15, 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. 351 Attachment: Attachment 7 – Ordinance MC-1584 (8996 : Public Hearing on Annexation No. 15 to Community Facilities District 2019-1 (Ward 1)) Ordinance MC-1584
2 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

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

SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and 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. 352 Attachment: Attachment 7 – Ordinance MC-1584 (8996 : Public Hearing on Annexation No. 15 to Community Facilities District 2019-1 (Ward 1)) Ordinance MC
-1584
3 Attest:

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

Sonia Carvalho, City Attorney

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Packet Pg. 353 Attachment: Attachment 7 – Ordinance MC-1584 (8996 : Public Hearing on Annexation No. 15 to Community Facilities District 2019-1 (Ward 1)) Ordinance MC-1584
4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1584, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 15
th day of June 2022. Ordinance No. MC-1584 was
approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 354 Attachment: Attachment 7 – Ordinance MC-1584 (8996 : Public Hearing on Annexation No. 15 to Community Facilities District 2019-1 (Ward 1))

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. 355 Attachment: Attachment 8 - Exhibit A: Description of Services (8996 : Public Hearing on Annexation No. 15 to Community Facilities District

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of July 20, 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 Gateway SB, LLC
0134-054-02 (Por.), -07 (Por.),
-08(Por.), -09 (Por.), -20 (Por.),
-24, -25, -33
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 To Be Determined
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 To Be Determined
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18

12.i
Packet Pg. 356 Attachment: Attachment 9 - Exhibit B: Parcel List (8996 : Public Hearing on Annexation No. 15 to Community Facilities District 2019-1 (Ward 1))

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Packet Pg. 357 Attachment: Attachment 10 – Signed Petition and Waiver (8996 : Public Hearing on Annexation No. 15 to Community Facilities District 2019-1

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Packet Pg. 358 Attachment: Attachment 10 – Signed Petition and Waiver (8996 : Public Hearing on Annexation No. 15 to Community Facilities District 2019-1

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Packet Pg. 359 Attachment: Attachment 10 – Signed Petition and Waiver (8996 : Public Hearing on Annexation No. 15 to Community Facilities District 2019-1

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Packet Pg. 360 Attachment: Attachment 10 – Signed Petition and Waiver (8996 : Public Hearing on Annexation No. 15 to Community Facilities District 2019-1

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Packet Pg. 361 Attachment: Attachment 10 – Signed Petition and Waiver (8996 : Public Hearing on Annexation No. 15 to Community Facilities District 2019-1

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Packet Pg. 362 Attachment: Attachment 10 – Signed Petition and Waiver (8996 : Public Hearing on Annexation No. 15 to Community Facilities District 2019-1 This space for filing stamp only
OR#:

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

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

Ad Description:

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 3589500

PERLA LOPEZ

CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.

SAN BERNARDINO, CA - 92401

HRGSB - NOTICE OF HEARING-SB

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX

TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT
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:
06/01/2022
06/01/2022

SAN BERNARDINO
!A000006034532! Email

NOTICE OF PUBLIC HEARING

ON INTENTION TO ANNEX

TERRITORY TO AN EXISTING

COMMUNITY FACILITIES
DISTRICT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO. 15)
NOTICE IS HEREBY GIVENthat
the City Council of the City of San
Bernardino on May 4, 2022 adopted
its Resolution No. 2022-83, in which it
declared its intention to annex
territory to existing Community
Facilities District No. 2019-1
(Maintenance Services) (the "CFD
No. 2019-1"), and to levy a special tax
to pay for certain maintenance
services, all pursuant to the
provisions of the Mello-Roos
Community Facilities Act of 1982,
Chapter 2.5, Part 1, Division 2, Title
5 of the California Government
Code. The resolution describes the
territory to be annexed and
describes the rate and method of
apportionment of the proposed
special tax. No change in the tax
levied in the existing CFD No. 2019-1
is proposed.

NOTICE IS HEREBY FURTHER
GIVEN that the City Council has
fixed 7:00 p.m., or as soon thereafter
as practicable, Wednesday, June 15,
2022 at the Bing Wong Auditorium of
the Norman F. Feldheym Public
Library at 555 W. 6th Street, San
Bernardino, 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 15, 2022
meeting must occur by
teleconference, videoconference, or
other electronic means authorized
by the Ralph M. Brown Act or an
Executive Order of the Governor of
California, 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 23, 2022
Genoveva Rocha
City Clerk of the City of San
Bernardino
PUB: June 1, 2022

12.k
Packet Pg. 363 Attachment: Attachment 11 – Proof of Publication Notice of Public Hearing (8996 : Public Hearing on Annexation No. 15 to Community Facilities 6/1/22
S
BS-3589500#

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Packet Pg. 364 Attachment: Attachment 11 – Proof of Publication Notice of Public Hearing (8996 : Public Hearing on Annexation No. 15 to Community Facilities Public Hearing
CFD No. 2019-1 Annexation No. 15:

TR 20216 (Gateway SB, LLC)
Presented by Alex Qishta, City Engineer

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Packet Pg. 365 Attachment: Attachment 12 - PowerPoint Presentation (8996 : Public Hearing on Annexation No. 15 to Public Hearing on CFD 2019-1 Annexation No. 15
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 JULY 20, 2022.

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Packet Pg. 366 Attachment: Attachment 12 - PowerPoint Presentation (8996 : Public Hearing on Annexation No. 15 to Public Hearing on CFD 2019-1 Annexation No. 15
Discussion
• The Property Owner, Gateway SB, LLC, 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. 15 includes eight parcels APNs 0134-054-02 (Por.), -07 (Por.), -08 (Por.), -09 (Por.), -20 (Por.), -24, -25, and -33.
• On May 4, 2022, the Mayor and City Council adopted Resolution No. 2022-83, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on June 15, 2022. The property owner consented to waiving certain time restriction and conduct the election the same night.

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Packet Pg. 367 Attachment: Attachment 12 - PowerPoint Presentation (8996 : Public Hearing on Annexation No. 15 to Public Hearing on CFD 2019-1 Annexation No. 15
Discussion (Cont.)
• The proposed maximum annual tax of $7,089 per acre will be included in CFD No. 2019-1 as Tax Zone 16.
• 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. 368 Attachment: Attachment 12 - PowerPoint Presentation (8996 : Public Hearing on Annexation No. 15 to Public Hearing on CFD 2019-1 Annexation No. 15
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. 369 Attachment: Attachment 12 - PowerPoint Presentation (8996 : Public Hearing on Annexation No. 15 to Project Location

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Packet Pg. 370 Attachment: Attachment 12 - PowerPoint Presentation (8996 : Public Hearing on Annexation No. 15 to Public Hearing on CFD 2019-1 Annexation No. 15
Fiscal Impact
• It is anticipated that at build-out the total Special Tax revenues to pay for maintenance costs will be approximately $7,089. 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. 371 Attachment: Attachment 12 - PowerPoint Presentation (8996 : Public Hearing on Annexation No. 15 to Questions?

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Packet Pg. 372 Attachment: Attachment 12 - PowerPoint Presentation (8996 : Public Hearing on Annexation No. 15 to

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 16

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Packet Pg. 373
Attachment: Attachment 13 - Project Map (8996 : Public Hearing on Annexation No. 15 to Community

Page 1 ends

Public Hearing
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Director of Public Works
Subject: Public Hearing on Annexation No. 19 to Community Facilities District 2019-1 (Ward 4)
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. 2022-114 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. 19);

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

4. Adopt Resolution No. 2022-115 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. 19);

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1585 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 annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No. MC-1585 for July 20, 2022.
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Background
On May 4, 2022, the Mayor and City Council adopted Resolution No. 2022-79, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for June 15, 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 May 10, 2022, at 10:39 a.m. in Book 90 Page 30, Document No. 2022-0174218 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 0.37 gross acres of a vacant commercial lot within the City, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

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

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

3. Maintenance 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 20 and is located north of E 40th Street, east of N Sierra Way and west of Sepulveda Ave, as shown in Attachment #13.

The maximum annual special tax for this development has been calculated to be $5,284 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 13 Packet Pg. 375
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election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below:
• Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1, including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted May 4, 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 July 20, 2022.

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. 2022-114, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022-115 declaring the results of the election.
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2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $1,849 to be used to pay for maintenance costs within the development.

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

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

1. Hold a Public Hearing;

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

Page 5 ends

6. Schedule the final reading and adoption of Ordinance No MC-1585 for July 20, 2022.

Attachments
Attachment 1 - Resolution No. 2022-114 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. 2022-115 Resolution Declaring Election Results Attachment 6 - Exhibit A: Certificate of Election Results Attachment 7 - Ordinance MC-1585
Attachment 8 - Exhibit A: Description of Services
Attachment 9 - Exhibit B: Parcel List
Attachment 10 - Petition
Attachment 11 - Proof of Publication Notice of Public Hearing Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Ward: 4
Synopsis of Previous Council Actions:

May 4, 2022 Mayor and City Council adopted Resolution No. 2022-79, a 13 Packet Pg. 378
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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”. 13 Packet Pg. 379
Resolution No. 2022-114
Resolution 2022-114
June 10, 2022

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RESOLUTION NO. 2022-114

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.
19)
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 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 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 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 City Council on May 4, 2022, duly adopted Resolution No. 2022-79 (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 15, 2022; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 19 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on May 10, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 30, in the office of the San Bernardino County Recorder; and

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Resolution 2022-114
June 10, 2022

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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 City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

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

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Resolution 2022-114
June 10, 2022

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

SECTION 9. Special Election; Voting Procedures. The 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 15, 2022, and shall be conducted as follows:
(a) Qualified Electors. The 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 May 24, 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 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.

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Resolution 2022-114
June 10, 2022

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

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Resolution 2022-114
June 10, 2022

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15
th 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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Resolution 2022-114
June 10, 2022

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-114, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 385 Attachment: Attachment 1 - Resolution No. 2022-114 Calling Election (8997 : Public Hearing on Annexation No. 19 to Community Facilities

EXHIBIT A

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

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

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Packet Pg. 386 Attachment: Attachment 2 - Exhibit A: Description of Territory (8997 : Public Hearing on Annexation No. 19 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)

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Packet Pg. 387 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8997 : Public Hearing on Annexation No. 19 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. 388 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8997 : Public Hearing on Annexation No. 19 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. 389 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8997 : Public Hearing on Annexation No. 19 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.

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Packet Pg. 390 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8997 : Public Hearing on Annexation No. 19 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.

TABLE 1

MAXIMUM SPECIAL TAX A RATES

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Packet Pg. 391 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8997 : Public Hearing on Annexation No. 19 to Community Facilities City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

TABLE 3

MAXIMUM SPECIAL TAX A RATES

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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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

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

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

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Packet Pg. 393 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8997 : Public Hearing on Annexation No. 19 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

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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Packet Pg. 394 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8997 : Public Hearing on Annexation No. 19 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:

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

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

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Packet Pg. 395 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8997 : Public Hearing on Annexation No. 19 to Community Facilities City of San Bernardino 10
Community Facilities District No. 2019‐1 (Maintenance Services)

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

APPENDIX A

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

TAX ZONE 20
LM 21‐10
Item Description Estimated Cost
1 Streets $527
2 Drainage $280
3 Reserves $42
4 Admin $1,000
Total $1,849
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.

TAX ZONE 20
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $5,284 $0
TAX ZONE 20
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

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

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

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

APPENDIX B

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

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

APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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EXHIBIT C

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 19
(June 15, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
170 East 40th Street, LLC 0.37 1
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on June 15, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on June 15, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

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Packet Pg. 401 Attachment: Attachment 4 - Exhibit C: Special Election Ballot (8997 : Public Hearing on Annexation No. 19 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):
170 East 40th Street, LLC
Attn: Scott Beard
285 W. Rialto Avenue
Rialto, CA 92376
0154-242-22 and 0154-242-23

CITY OF SAN BERNARDINO

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on May 4, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 19 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

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

Scott Beard
Manager

Signature
Print Name
Title

13.d
Packet Pg. 402 Attachment: Attachment 4 - Exhibit C: Special Election Ballot (8997 : Public Hearing on Annexation No. 19 to Community Facilities District Resolution No. 2022-115
Resolution 2022-115
June 15, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-115

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. 19)
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 15, 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 15, 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.

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Packet Pg. 403 Attachment: Attachment 5 - Resolution No. 2022-115 Declaring Election Results (8997 : Public Hearing on Annexation No. 19 to Community Resolution No. 2022-115
Resolution 2022-115
June 15, 2022

Page 2 of 3 ends

Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2022-79 adopted by the Mayor and City Council on May 4, 2022. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 19 Community Facilities District No. 2019- 1 (Maintenance Services)" a copy of which was recorded, on May 10, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 30, in the office of the San Bernardino County Recorder.

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 15
th 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. 404 Attachment: Attachment 5 - Resolution No. 2022-115 Declaring Election Results (8997 : Public Hearing on Annexation No. 19 to Community Resolution No. 2022-115
Resolution 2022-115
June 15, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-115, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 405 Attachment: Attachment 5 - Resolution No. 2022-115 Declaring Election Results (8997 : Public Hearing on Annexation No. 19 to Community

EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 19

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, date May 24, 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.

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
170 East 40th Street, LLC 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. 406 Attachment: Attachment 6 - Exhibit A: Certificate of Election Results (8997 : Public Hearing on Annexation No. 19 to Community Facilities Ordinance MC-1585
1 ORDINANCE NO. MC-1585

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

13.g
Packet Pg. 407 Attachment: Attachment 7 - Ordinance MC-1585 (8997 : Public Hearing on Annexation No. 19 to Community Facilities District 2019-1 (Ward 4)) Ordinance MC-1585
2 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

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

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

13.g
Packet Pg. 408 Attachment: Attachment 7 - Ordinance MC-1585 (8997 : Public Hearing on Annexation No. 19 to Community Facilities District 2019-1 (Ward 4)) Ordinance MC-1585
3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

13.g
Packet Pg. 409 Attachment: Attachment 7 - Ordinance MC-1585 (8997 : Public Hearing on Annexation No. 19 to Community Facilities District 2019-1 (Ward 4)) Ordinance MC-1585
4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1585 introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2022. Ordinance No. MC-1585 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

13.g
Packet Pg. 410 Attachment: Attachment 7 - Ordinance MC-1585 (8997 : Public Hearing on Annexation No. 19 to Community Facilities District 2019-1 (Ward 4))

EXHIBIT A

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Packet Pg. 411 Attachment: Attachment 8 - Exhibit A: Description of Services (8997 : Public Hearing on Annexation No. 19 to Community Facilities District

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of July 20, 2022)

13.i
Packet Pg. 412 Attachment: Attachment 9 - Exhibit B: Parcel List (8997 : Public Hearing on Annexation No. 19 to Community Facilities District 2019-1 (Ward 4))

PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO

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

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

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

COMMUNITY FACILITIES DISTRICT

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

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

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

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

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

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

13.j
Packet Pg. 413 Attachment: Attachment 10 – Signed Petition & Waiver (8997 : Public Hearing on Annexation No. 19 to Community Facilities District 2019-1 City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure.

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

[NAME OF LANDOWNER]
By: _____________________________________
Name:

Title:

OWNER'S PROPERTY:

TRACT MAP OR PARCEL MAP NO.
or PROJECT NO.

OWNER'S MAILING ADDRESS:
__________________________________________
__________________________________________
__________________________________________

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS ____ DAY OF __________, 20___.
_____________________________________
City Clerk of the City Council of the
City of San Bernardino

13.j
Packet Pg. 414 Attachment: Attachment 10 – Signed Petition & Waiver (8997 : Public Hearing on Annexation No. 19 to Community Facilities District 2019-1

13.j
Packet Pg. 415 Attachment: Attachment 10 – Signed Petition & Waiver (8997 : Public Hearing on Annexation No. 19 to Community Facilities District 2019-1

13.j
Packet Pg. 416 Attachment: Attachment 10 – Signed Petition & Waiver (8997 : Public Hearing on Annexation No. 19 to Community Facilities District 2019-1 Acknowledgment Regarding Property to be Included into Community Facilities District No. BBBBB The developer/property owner of (Tract No. / Assessor’s Parcel No.) ______________________ hereby acknowledges that:

If the landscaping, drainage, lighting and eligible public improvements within the Community Facilities District No. BBBBB the maintenance areas of (Assessor’s Parcel Nos.) __________________________, which is to be included in the Community Facilities District No.

BBBBBB of the City of 6DQ %HUQDUGLQR are completed prior to the levy and collection of special taxes upon property within said tract for the maintenance of such landscape and improvements, the developer/property owner will continue to be responsible for and will maintain the landscaping, drainage, lighting, and eligible public improvements within such maintenance areas at its sole expense, and the City will not assume responsibility for the maintenance of such landscaping, drainage, lighting and eligible public improvements until such time as the City is able to collect such special taxes to pay the costs of the maintenance of such landscaping, drainage, lighting, and eligible public improvements.

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

13.j
Packet Pg. 417 Attachment: Attachment 10 – Signed Petition & Waiver (8997 : Public Hearing on Annexation No. 19 to Community Facilities District 2019-1 This space for filing stamp only
OR#:

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

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

Ad Description:

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

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3590232

COURTNEY BOWEN

CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.

SAN BERNARDINO, CA - 92401

HRGSB - NOTICE OF HEARING-SB
ANNEXATION NO. 19
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:
05/31/2022
05/31/2022

SAN BERNARDINO
!A000006032735! Email

NOTICE OF PUBLIC HEARING

ON INTENTION TO ANNEX

TERRITORY TO AN EXISTING

COMMUNITY FACILITIES
DISTRICT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO. 19)
NOTICE IS HEREBY GIVEN that
the City Council of the City of San
Bernardino on May 4, 2022 adopted
its Resolution No. 2022-79, 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.

DATED: May 24, 2022
Genoveva Rocha
City Clerk of the City of San
Bernardino
5/31/22

13.k
Packet Pg. 418 Attachment: Attachment 11 – Proof of Publication Notice of Public Hearing (8997 : Public Hearing on Annexation No. 19 to Community S
BS-3590232#

13.k
Packet Pg. 419 Attachment: Attachment 11 – Proof of Publication Notice of Public Hearing (8997 : Public Hearing on Annexation No. 19 to Community Public Hearing
CFD No. 2019-1 Annexation No. 19:

LM 21-10 (170 East 40th Street, LLC)
Presented by Alex Qishta, City Engineer

13.l
Packet Pg. 420 Attachment: Attachment 12 - PowerPoint Presentation (8997 : Public Hearing on Annexation No. 19 to Public Hearing on CFD 2019-1 Annexation No. 19
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:

3. SCHEDULE THE FINAL READING AND ADOPTION OF THE AMENDED ORDINANCE FOR JULY 20, 2022.

13.l
Packet Pg. 421 Attachment: Attachment 12 - PowerPoint Presentation (8997 : Public Hearing on Annexation No. 19 to Public Hearing on CFD 2019-1 Annexation No. 19
Discussion
• The Property Owner, 170 East 40th Street, LLC, 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. 19 includes two parcels: APNs 0154-242-22 and 0154-242-23.
• On May 4, 2022, the Mayor and City Council adopted Resolution No. 2022-79, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on June 15, 2022. The property owner consented to waiving certain time restriction and conduct the election the same night.

13.l
Packet Pg. 422 Attachment: Attachment 12 - PowerPoint Presentation (8997 : Public Hearing on Annexation No. 19 to Public Hearing on CFD 2019-1 Annexation No. 19
Discussion (Cont.)
• The proposed maximum annual tax of $5,284 per acre will be included in CFD No. 2019-1 as Tax Zone 20.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

13.l
Packet Pg. 423 Attachment: Attachment 12 - PowerPoint Presentation (8997 : Public Hearing on Annexation No. 19 to Public Hearing on CFD 2019-1 Annexation No. 19
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.

13.l
Packet Pg. 424 Attachment: Attachment 12 - PowerPoint Presentation (8997 : Public Hearing on Annexation No. 19 to Project Location

13.l
Packet Pg. 425 Attachment: Attachment 12 - PowerPoint Presentation (8997 : Public Hearing on Annexation No. 19 to Public Hearing on CFD 2019-1 Annexation No. 19
Fiscal Impact
• It is anticipated that at build-out the total Special Tax revenues to pay for maintenance costs will be approximately $5,284. 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. 426 Attachment: Attachment 12 - PowerPoint Presentation (8997 : Public Hearing on Annexation No. 19 to Questions?

13.l
Packet Pg. 427 Attachment: Attachment 12 - PowerPoint Presentation (8997 : Public Hearing on Annexation No. 19 to

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

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Packet Pg. 428
Attachment: Attachment 13 - Project Map (8997 : Public Hearing on Annexation No. 19 to Community

Page 1 ends

Public Hearing
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Director of Public Works
Subject: Public Hearing on Annexation No. 20 to Community Facilities District 2019-1 (Ward 7)
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. 2022-116 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. 20);

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

4. Adopt Resolution No. 2022-117 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. 20);

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1586 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 annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No MC-1586 for July 20, 2022.
14 Packet Pg. 429
8998

Page 2 ends

Background
On May 4, 2022, the Mayor and City Council adopted Resolution No. 2022-84, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for June 15, 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 May 10, 2022, at 10:39 a.m. in Book 90 Page 29, Document No. 2022-0174217 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 0.53 gross acres of a vacant commercial lot within the City, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

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

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

3. Maintenance and operation of water quality improvements, including storm drainage and flood protection facilities; and

The proposed area to be annexed into the CFD will be included in Tax Zone 21 and is located east of I-215 at the northwest intersection of W Highland Ave and N Sierra Way, as shown in Attachment #13.

The maximum annual special tax for this development has been calculated to be $6,397 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 14 Packet Pg. 430
8998

Page 3 ends

election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.

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 July 20, 2022.

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. 2022-116 it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022-117 declaring the results of the election.
14 Packet Pg. 431
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2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth
Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $2,942 to be used to pay for maintenance costs within the development.

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

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

1. Hold a Public Hearing;

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

Page 5 ends

6. Schedule the final reading and adoption of Ordinance No MC-1586 for July 20, 2022.

Attachments
Attachment 1 - Resolution No. 2022-116 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. 2022-117 Declaring Election Results Attachment 6 - Exhibit A: Certificate of Election Results Attachment 7 - Ordinance MC-1586
Attachment 8 - Exhibit A: Description of Services
Attachment 9 - Exhibit B: Parcel List
Attachment 10 - Signed Petition & Waiver
Attachment 11 - Proof of Publication Notice of Public Hearing Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Ward: 7
Synopsis of Previous Council Actions:

May 4, 2022 Mayor and City Council adopted Resolution No. 2022-84, a 14 Packet Pg. 433
8998

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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”. 14 Packet Pg. 434
Resolution No. 2022-116
Resolution 2022-116
June 15, 2022

Page 1 of 6 ends

RESOLUTION NO. 2022-116

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.
20)
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 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 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 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 City Council on May 4, 2022, duly adopted Resolution No. 2022-84 (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 15, 2022; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 20 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on May 10, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 29, in the office of the San Bernardino County Recorder; and

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Resolution 2022-116
June 15, 2022

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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on June 15, 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 15, 2022, meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, 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 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 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 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 City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

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

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Resolution 2022-116
June 15, 2022

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

SECTION 9. Special Election; Voting Procedures. The 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 15, 2022, and shall be conducted as follows:
(a) Qualified Electors. The 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 27, 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 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.

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Resolution 2022-116
June 15, 2022

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(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 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 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 15, 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 15, 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 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 13. Effective Date. This Resolution shall become effective immediately.

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Resolution 2022-116
June 15, 2022

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15
th 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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Resolution 2022-116
June 15, 2022

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-116, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 440 Attachment: Attachment 1 - Resolution No. 2022-116 Calling Election (8998 : Public Hearing on Annexation No. 20 to Community Facilities

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. 20 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
0150-221-78 108 Highlands LP

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Packet Pg. 441 Attachment: Attachment 2 - Exhibit A: Description of Territory (8998 : Public Hearing on Annexation No. 20 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)

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Packet Pg. 442 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8998 : Public Hearing on Annexation No. 20 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. 443 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8998 : Public Hearing on Annexation No. 20 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. 444 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8998 : Public Hearing on Annexation No. 20 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.

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Packet Pg. 445 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8998 : Public Hearing on Annexation No. 20 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.

TABLE 1

MAXIMUM SPECIAL TAX A RATES

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Packet Pg. 446 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8998 : Public Hearing on Annexation No. 20 to Community Facilities City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

TABLE 3

MAXIMUM SPECIAL TAX A RATES

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Packet Pg. 447 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8998 : Public Hearing on Annexation No. 20 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

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

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

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Packet Pg. 448 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8998 : Public Hearing on Annexation No. 20 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

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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Packet Pg. 449 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8998 : Public Hearing on Annexation No. 20 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:

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

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

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Packet Pg. 450 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8998 : Public Hearing on Annexation No. 20 to Community Facilities City of San Bernardino 10
Community Facilities District No. 2019‐1 (Maintenance Services)

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

APPENDIX A

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

TAX ZONE 21
LM 22‐04
Item Description Estimated Cost
1 Lighting $100
2 Streets $1,503
3 Drainage $282
4 Reserves $57
5 Admin $1,000
Total $2,942
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 21
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 $6,397 $0
TAX ZONE 21
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $6,397 $0

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Packet Pg. 452 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8998 : Public Hearing on Annexation No. 20 to Community Facilities City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services)

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Packet Pg. 453 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8998 : Public Hearing on Annexation No. 20 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)

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

APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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Packet Pg. 455 Attachment: Attachment 3 - Exhibit B: Rate and Method of Apportionment (8998 : Public Hearing on Annexation No. 20 to Community Facilities

EXHIBIT C

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 20
(June 15, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
108 Highland, LP 0.53 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.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on June 15, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on June 15, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

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Packet Pg. 456 Attachment: Attachment 4 - Exhibit C: Special Election Ballot (8998 : Public Hearing on Annexation No. 20 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):
108 Highland LP
Attn: Stanley Huang
425 S. San Gabriel Blvd., #800
San Gabriel, CA 91776
0150-221-78

CITY OF SAN BERNARDINO

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on May 4, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 20 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

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

Stanley Huang
Managing Member

Signature
Print Name
Title

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Packet Pg. 457 Attachment: Attachment 4 - Exhibit C: Special Election Ballot (8998 : Public Hearing on Annexation No. 20 to Community Facilities District Resolution No. 2022-117
Resolution 2022-117
June 15, 2022

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Mayor and City CouncilJune 15, 2022

Mayor and City Council
June 15, 2022