Agenda packet — Mayor and City Council, July 20, 2022 (part 3 of 9)

RESOLUTION NO. 2022-117

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. 20)
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 July 20, 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 July 20, 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 Packet Pg. 592
Resolution No. 2022-117
Resolution 2022-117
July 20, 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. 2022-84 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. 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.

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 20th day of July 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 593
Resolution No. 2022-117
Resolution 2022-117
July 20, 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. 2022-117, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

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

Genoveva Rocha, CMC, City Clerk
Packet Pg. 594

EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 20

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 April 27, 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
108 Highland, LP 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)
Packet Pg. 595
Ordinance No. MC-1586
1 ORDINANCE NO. MC-1586

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, the Mayor and City Council continued the public hearing until July 20,2022, at the request of the Property Owner; 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 Packet Pg. 596
Ordinance No. MC-1586
2 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 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.

Packet Pg. 597
Ordinance No. MC-1586
3 John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 598
Ordinance No. MC-1586
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-1586, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 20th day of July 2022. Ordinance No. MC-1586 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 599

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.

Packet Pg. 600

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 To Be Determined
23 Vone SB, LLC 0272-161-17 and -18
Packet Pg. 601

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 Packet Pg. 602
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
Packet Pg. 603
Acknowledgment Regarding Property to be Included into Community Facilities District No. _____ 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. _____ the maintenance areas of (Assessor’s Parcel Nos.) __________________________, which is to be included in the Community Facilities District No. ______ of the City of San Bernardino 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)
Packet Pg. 604
Packet Pg. 605

HIGHLAND AVENUE

SIERRA WAY
Packet Pg. 606
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 3590236

COURTNEY BOWEN

CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.

SAN BERNARDINO, CA - 92401

HRGSB - NOTICE OF HEARING-SB
ANNEXATION NO. 20
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
!A000006032737! Email

NOTICE OF PUBLIC HEARING

ON INTENTION TO ANNEX

TERRITORY TO AN EXISTING

COMMUNITY FACILITIES
DISTRICT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO. 20)
NOTICE IS HEREBY GIVEN that
the City Council of the City of San
Bernardino on May 4, 2022 adopted
its Resolution No. 2022-84, 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 24, 2022
Genoveva Rocha
City Clerk of the City of San
Bernardino
5/31/22
Packet Pg. 607
SBS-3590236#
Packet Pg. 608
Public Hearing
CFD No. 2019-1 Annexation No. 20:

LM 22-04 (108 Highland, LP)
Presented by Alex Qishta, City Engineer
Packet Pg. 609
Public Hearing on CFD 2019-1 Annexation No. 20
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" ORCFD " ") 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 THEAMENDED ORDINANCE FORAUGUST 3, 2022.

Packet Pg. 610
Public Hearing on CFD 2019-1 Annexation No. 20
Discussion
• The Property Owner, 108 Highland, LP, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements. • The area proposed within Annexation No. 20 includes one parcel APN 0150-221-78.
• On May 4, 2022 the City Council adopted Resolution No. 2022-84, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on June 15, 2022. The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner. The property owner consented to waiving certain time restriction and conduct the election the same night.

Packet Pg. 611
Public Hearing on CFD 2019-1 Annexation No. 20
Discussion (Cont.)
• The proposed maximum annual tax of $6,397 per acre will be included in CFD No. 2019-1 as Tax Zone 21.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

Packet Pg. 612
Public Hearing on CFD 2019-1 Annexation No. 20
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. Packet Pg. 613
Project Location
Packet Pg. 614
Public Hearing on CFD 2019-1 Annexation No. 20
Fiscal Impact
• It is anticipated that at build-out the total Special Tax revenues to pay for maintenance costs will be
approximately $2,942. 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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Questions?
Packet Pg. 616

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 21
   
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City of San Bernardino
Request for Council Action

PUBLIC HEARING
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Public Hearing on Annexation No. 23 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. 2022-118 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. 23);

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

4. Adopt Resolution No. 2022-119 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. 23);

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1587 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 adoption of Ordinance No MC-1587 for August 3, 2022.

Background
On May 4, 2022, the Mayor and City Council adopted Resolution No. 2022-80, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Packet Pg. 618

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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. The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner. 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 28, Document No. 2022- 0174216 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 1.69 gross acres of a 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-ofway 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 24 and is located south of the 210 Freeway, at the northwest intersection of E Highland Ave and Valencia Ave, as shown in Attachment #13.

The maximum annual special tax for this development has been calculated to be $2,363 per acre for FY 2022/23. This tax rate includes a Maximum Special Tax A of $1,385 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $978 per acre per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached hereto. If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rate are 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 Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the Packet Pg. 619

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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 adoption of the amended Ordinance would be scheduled for August 3, 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. The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner. 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 MelloRoos 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. 2022-118, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022-119 declaring the results of the election.
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.

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Financial 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 $2,258 from Special Tax A 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;

6. Schedule the adoption of Ordinance No MC-1587 for August 3, 2022.

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Attachments
Attachment 1 Resolution No. 2022-___- Resolution Calling Election Attachment 2 Exhibit A: Description of Territory
Attachment 3 Exhibit B: Rate and Method of Apportionment Attachment 4 Exhibit C: Special Election Ballot
Attachment 5 Resolution No. 2022-___- Resolution Declaring Election Results Attachment 6 Exhibit A: Certificate of Election Results Attachment 7 Ordinance MC - 1587
Attachment 8 Exhibit A: Description of Services
Attachment 9 Exhibit B: Parcel List
Attachment 10 Signed Petition and Waiver
Attachment 11 Proof of Publication Notice of Public Hearing Attachment 12 PowerPoint Presentation
Attachment 13 Project Map
Ward: Seventh Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community 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. 2022-80, 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”.

June 15, 2022 The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner.

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Resolution No. 2022-118
Resolution 2022-118
July 20, 2022

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RESOLUTION NO. 2022-118

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.
23)
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. 2022-80 (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 Mayor and City Council continued the public hearing on the proposed annexation until July 20, 2022, at the request of the property owner; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 23 Community Facilities District No. 2019-1 (Maintenance Services)" a Packet Pg. 623
Resolution No. 2022-118
Resolution 2022-118
July 20, 2022

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copy of which was recorded, on May 10, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 28, in the office of the San Bernardino County Recorder; and WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on July 20, 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 July 20, 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.

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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 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 July 20, 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 Packet Pg. 625
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Resolution 2022-118
July 20, 2022

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one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The 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 July 20, 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 July 20, 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 20th day of July 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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July 20, 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. 2022-118, 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. 23 is currently comprised of two parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0272-161-17 Vone SB LLC
0272-161-18 Vone SB LLC
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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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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 Packet Pg. 633
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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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Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c.   Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)
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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 Packet Pg. 636
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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 Packet Pg. 637
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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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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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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 24
LLA 2020‐005
Item Description Estimated Cost
1 Lighting $100
2 Streets $1,019
3 Drainage $108
4 Reserves $31
5 Admin $1,000
Total $2,258
Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1 Tax Zone 24.

TAX ZONE 24 (CONTINGENT SERVICES)
LLA 2020‐005
Item Description Estimated Cost
1 Drainage $734
2 Reserves $110
3 Admin $750
Total $1,594
TAX ZONE 24
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $1,385 $978
TAX ZONE 24
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

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

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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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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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APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Pg. 643

EXHIBIT C

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 23
(July 20, 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
Vone SB, LLC 1.69 2
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:

Personal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than July 6, 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.

If in person, deliver to the City Clerk at any time up to 7:00 p.m. on July 20, 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 July 20, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 644
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

Vone SB, LLC
Attn: Thomas N. Robinson II
4 Corporate Plaza Drive, Suite 210
Newport Beach, CA 92660
0272-161-17 and 0272-161-18

CITY OF SAN BERNARDINO

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

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on May 4, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 23 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

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

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

VONE SB, LLC, a California limited liability
company
Vantage One Real Estate Investment, LLC
a California limited liability company
Thomas N. Robinson II
Manager
Signature
Print Name
Title
Packet Pg. 645
Resolution No. 2022-119
Resolution 2022-119
July 20, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-119

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA

DECLARING ELECTION RESULTS FOR FACILITIES
DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 23)
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 July 20, 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 July 20, 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 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 Packet Pg. 646
Resolution No. 2022-119
Resolution 2022-119
July 20, 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. 2022-80 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. 23 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 28, 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 20th day of July 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 647
Resolution No. 2022-119
Resolution 2022-119
July 20, 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. 2022-119, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 648

EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 23

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

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

Landowner
Qualified
Landowner Votes Votes Cast YES NO
Vone SB, LLC 2 2
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)
Packet Pg. 649
Ordinance No. MC-1587
1 ORDINANCE NO. MC-1587

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, the Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner; 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 Packet Pg. 650
Ordinance No. MC-1587
2 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 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.

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

Packet Pg. 651
Ordinance No. MC-1587
3 John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 652
Ordinance No. MC-1587
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-1587, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2022. Ordinance No. MC-1587 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 653

EXHIBIT A

Packet Pg. 654

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

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 3590237

COURTNEY BOWEN

CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.

SAN BERNARDINO, CA - 92401

HRGSB - NOTICE OF HEARING-SB
ANNEXATION NO. 23
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
!A000006032739! Email

NOTICE OF PUBLIC HEARING

ON INTENTION TO ANNEX

TERRITORY TO AN EXISTING

COMMUNITY FACILITIES
DISTRICT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO. 23)
NOTICE IS HEREBY GIVEN that
the City Council of the City of San
Bernardino on May 4, 2022 adopted
its Resolution No. 2022-80, 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
Packet Pg. 663
SBS-3590237#
Packet Pg. 664
Public Hearing
CFD No. 2019-1 Annexation No. 23:

LLA 2020-005 (Vone SB, LLC)
Presented by Alex Qishta, City Engineer
Packet Pg. 665
Public Hearing on CFD 2019-1 Annexation No. 23
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 AUGUST 3, 2022.

Packet Pg. 666
Public Hearing on CFD 2019-1 Annexation No. 23
Discussion
• The Property Owner, Vone 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. 23 includes two parcels APNs 0272-161-17 and 0272-161-18.
• On May 4, 2022 the City Council adopted Resolution No. 2022-80, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on June 15, 2022. The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner. The property owner consented to waiving certain time restriction and conduct the election the same night. Packet Pg. 667
Public Hearing on CFD 2019-1 Annexation No. 23
Discussion (Cont.)
• The proposed maximum annual tax of $2,363 per acre will be included in CFD No. 2019-1 as Tax Zone 24.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

Packet Pg. 668
Public Hearing on CFD 2019-1 Annexation No. 23
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. Packet Pg. 669
Project Location
Packet Pg. 670
Public Hearing on CFD 2019-1 Annexation No. 23
Fiscal Impact
• It is anticipated that at build-out the total Special Tax revenues to pay for maintenance costs will be
approximately $2,363. All costs associated with the
annexation is borne by the Developer. There is no fiscal impact to the City’s General Fund.

Packet Pg. 671
Questions?
Packet Pg. 672

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 24
   
 Packet Pg. 673

Page 1 ends

City of San Bernardino
Request for Council Action

PUBLIC HEARING
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Director of Public Works
Department: Public Works
Subject: Public Hearing on Fiscal Year 2022-23 Assessment Levies for Previously Formed Assessment Districts. (All Wards)
Recommendation:

Hold public hearings and:

1. Adopt Resolution No. 2022-152 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2022-23;

2. Adopt Resolution No. 2022-153 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 2022-23;

3. Adopt Resolution No. 2022-154 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2022-23;

4. Adopt Resolution No. 2022-155 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2022-23;

5. Adopt Resolution No. 2022-156 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1025 and 1027 for Fiscal Year 2022-23.

Background:

On May 4, 2022, the Mayor and City Council adopted resolutions declaring intention to Packet Pg. 674

Page 2 ends

levy and collect assessments on assessable lots and parcels of property within each of the assessment districts previously established by the City of San Bernardino for Fiscal Year 2022-23 pursuant to engineer’s reports prepared by Spicer Consulting Group, LLC, the Engineer of Record, and called a public hearing on the proposed assessments to be levied on assessable lots and parcels within each assessment district for July 20, 2022.

The notice of said hearing was duly published as required by law.

Discussion:

On July 20, 2022, the Mayor and City Council will conduct public hearings on the assessments proposed to be levied and collected from the owners of property within each assessment district for fiscal year 2022-23 to pay the costs of the maintenance, servicing and operating of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basins and storm drains and appurtenant facilities.

The assessment of an annual fee upon properties within each assessment district provides the revenue to offset the cost of maintenance of the public improvements within each assessment district. The amount of the assessments which are proposed to be levied on all parcels of assessable land within each assessment district has been determined pursuant the methodology in each engineer’s report and is based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of the public improvements.

At its July 20, 2022, meeting the Mayor and City Council will consider adoption of resolutions confirming the diagram and assessment within the various assessment districts. 2021-2025 Key Strategic Targets and Goals:

This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No 3d: Improve the City’s appearance, cleanliness and attractiveness. 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 assessment on properties within the assessment districts provides revenue to offset the cost of maintenance of public improvements to serve the development project. The engineering reports set forth the “Maximum Allowable Assessment” for each parcel. There is no fiscal impact to the City.

Conclusion:

Hold public hearings and:

Page 3 ends

Attachments:

Attachment 1 - Resolution 2022-152 - Diagram and Assessments 1022 Attachment 2 - Resolution 2022-153 - Diagram and Assessments 1017-1024 Attachment 3 - Resolution 2022-154 - Diagram and Assessments 1028-1068 Attachment 4 - Resolution 2022-155 - Diagram and Assessments 951-1016 Attachment 5 - Resolution 2022-156 - Diagram and Assessments 1025 & 1027 Attachment 6 - Proof of Publication - Assessment District No. 1022 Attachment 7 - Proof of Publication – Assessment Districts No. 1017-1024 Attachment 8 - Proof of Publication – Assessment Districts No. 1028-1068 Attachment 9 - Proof of Publication – Assessment Districts No. 951-1016 Attachment 10 - Proof of Publication – Assessment Districts No. 1025 & 1027 Ward: All
Synopsis of Previous Council Actions:

April 6, 2022 City Council adopted a Resolution Initiating Proceedings to Levy and Collect Assessments for Fiscal Year 2022-23 in various assessment districts pursuant to the California Constitution and the City Charter, appointing the Engineer of Record and ordering preparation of the engineer’s reports.

May 4,2022 City Council adopted resolutions declaring intention to levy and collect assessments for Fiscal Year 2022/24 within various assessment districts within the City of San Bernardino, approved engineer’s reports for each assessment district and provided notice of the time and place of hearing on proposed assessments in each assessment district.

Packet Pg. 676

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Packet Pg. 677
Resolution No. 2022-152
July 20, 2022

Page 1 of 3 ends

Resolution No. 2022-152
RESOLUTION NO. 2022-152

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICT NO. 1022 AND ZONES 1, 2 AND 3
THEREOF FOR FISCAL YEAR 2022-23
WHEREAS, on May 4, 2022, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2022-89, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1022 and Zones 1, 2 and 3 thereof, of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2022-23 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 20, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COFID-19 social distancing guidelines; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received; and

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

SECTION 1. Findings. The City Council finds that:
(a) the above recitals are true and correct and are incorporated herein by this reference; (b) compliance has been had with all of the applicable requirements of the Assessment Law;
(c) a majority protest to the levy and collection of the proposed assessment has not been filed;
(d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2022-23, and order the levy and collection of the assessment; and
(e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of landscaping and Packet Pg. 678
Resolution No. 2022-_____
-2-
lighting and appurtenant facilities during Fiscal Year 2022-23, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant to the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities.

SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities within the Assessment District during Fiscal Year 2022-23, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.

SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
Packet Pg. 679
Resolution No. 2022-_____
-3-

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. 2022-152, adopted at a regular meeting held on the 20th day of July, 2022 by the following vote:

Page 1 of 3 ends

Resolution No. 2022-153
RESOLUTION NO. 2022-153

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 1017, 1019, 1020, 1023 AND
1024 FOR FISCAL YEAR 2022-23
WHEREAS, on May 4, 2022, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2022-90, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment Districts Nos. 1017, 1019, 1020, 1023 and 1024 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2022-23 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 20, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment Districts, had not been received; and

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

Page 2 of 3 ends

Resolution No. 2022-153
-2-
and appurtenant facilities and sewer lift stations and appurtenant facilities during Fiscal Year 2022- 23, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”) for each of the Assessment Districts, are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel.

SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities and sewer lift stations and appurtenant facilities within the Assessment Districts during Fiscal Year 2022-23, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

Page 3 of 3 ends

Resolution No. 2022-153
-3-

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. 2022-153, adopted at a regular meeting held on the 20th day of July, 2022 by the following vote:

Page 1 of 4 ends

RESOLUTION NO. 2022-154

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 AND 1068 FOR FISCAL YEAR 2022-23
WHEREAS, on May 4. 2022, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2022-92, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment Districts Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2022-23 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 20, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment Districts, had not been received; and

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

Page 2 of 4 ends

(d) the City Council may therefore proceed to confirm the assessment for the Assessment Districts for Fiscal Year 2022-23, and order the levy and collection of the assessment; and
(e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment Districts for the maintenance, servicing and operation of public landscaping and appurtenant facilities, the maintenance, servicing and operation of seven lift stations and appurtenant facilities, and the maintenance, servicing and operation of detention basins and storm drains and appurtenant facilities during Fiscal Year 2022-23, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”) for each Assessment District, are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel.

SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities, the maintenance, servicing and operation of seven lift stations and appurtenant facilities, and the maintenance, servicing and operation of detention basins and storm drains and appurtenant facilities within the Assessment Districts during Fiscal Year 2022-23, as contained in the Report for each Assessment District, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

Packet Pg. 685
Resolution No. 2022-154
Resolution No. 2022-154
January 19, 2022

Page 3 of 4 ends

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-154, adopted at a regular meeting held on the 20th day of July, 2022 by the following vote:

Page 1 of 4 ends

RESOLUTION NO. 2022-155

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 951 (ZONE 1), 951 (ZONE
2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 AND 1016 FOR FISCAL YEAR 2022-23
WHEREAS, on May 4, 2022, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2022-88, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2 and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2022-23 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 20, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment Districts, had not been received; and

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

Page 2 of 4 ends

(c) a majority protest to the levy and collection of the proposed assessment has not been filed;
(d) the City Council may therefore proceed to confirm the assessment for the Assessment Districts for Fiscal Year 2022-23, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment Districts for the maintenance, servicing and operation of public landscaping and appurtenant facilities for those designated Assessment Districts, landscaping and lighting for those designated Assessment Districts and for maintenance, servicing and operation of sewer lift stations and appurtenant facilities during Fiscal Year 2022-23, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”) for each of the Assessment Districts, are determined pursuant to the methodology in the engineer’s report based on special benefit conferred upon each such parcel; and
(f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2021-22.

SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities for those designated Assessment Districts, landscaping and lighting for those designated Assessment Districts and for maintenance, servicing and operation of sewer lift stations and appurtenant facilities within the Assessment Districts during Fiscal Year 2022-23, as contained in the Report for each of the Assessment Districts, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

Packet Pg. 689
Resolution No. 2022-155
Resolution No. 2022-155
July 20, 2022

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Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-155 adopted at a regular meeting held on the 20th day of July, 2022 by the following vote:

Page 1 of 3 ends

Resolution No. 2022-156
RESOLUTION NO. 2022-156

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 1025 AND 1027 FOR
FISCAL YEAR 2022-23
WHEREAS, on May 4, 2022, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2022-91, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment Districts Nos. 1025 and 1027 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2022-23 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 20, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment Districts, had not been received; and

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

Page 2 of 3 ends

Resolution No. 2022-156
and appurtenant facilities during Fiscal Year 2022-23, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”) for each of the Assessment Districts, are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel.

SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment Districts during Fiscal Year 2022-23 as contained in the Report for each of the Assessment Districts, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

Page 3 of 3 ends

Resolution No. 2022-156

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. 2022-156, adopted at a regular meeting held on the 20th day of July, 2022 by the following vote:

CALIFORNIA NEWSPAPER SERVICE BUREAU
SBS#

D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):

Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com

PERLA LOPEZ

CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.

SAN BERNARDINO, CA 92401

GPN GOVT PUBLIC NOTICE
RESOLUTION NO. 2022-89
07/08/2022
Publication
Total
$753.41
$753.41
Notice Type:

Ad Description

COPY OF NOTICE
3601748
!A000006057092!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

RESOLUTION NO. 2022-89

RESOLUTION OF THE MAYOR

AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO,

CALIFORNIA, DECLARING

INTENTION TO LEVY AND

COLLECT ASSESSMENTS

WITHIN ASSESSMENT
DISTRICT NO. 1022 AND ZONES
1, 2 AND 3 THEREOF FOR
FISCAL YEAR 2022-23,

APPROVING THE ENGINEER'S

REPORT AND PROVIDING

NOTICE OF THE TIME AND

PLACE OF HEARING ON

PROPOSED ASSESSMENTS
WHEREAS, the City Council of the
City of San Bernardino (the ‘‘City
Council’’) has established
Assessment District No. 1022 and
Zones 1, 2 and 3 thereof of the City of
San Bernardino (the ‘‘Assessment
District’’) pursuant to the Charter of
the City of San Bernardino and
Section 19 of Article 16 and in
compliance with Article XIII D of
the Constitution of the State of
California (the ‘‘Assessment Law’’);
and
WHEREAS, on April 6, 2022, the
City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2022-23 within the Assessment District and ordering the
preparation of a report regarding assessments to be levied and collected within the Assessment
District for fiscal year 2022-23 to pay
the costs of the maintenance,
servicing and operation of
landscaping and lighting and
appurtenant facilities authorized by
the Assessment Law; and
WHEREAS, Spicer Consulting
Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and
considered by the City Council; and
WHEREAS, it is necessary that the
City Council adopt a resolution of
intention pursuant to the
Assessment Law, and, among other
things, fixing and giving notice of
the time and place of a public hearing on said report and the proposed assessments for said fiscal
year; BE IT RESOLVED BY THE

MAYOR AND CITY COUNCIL OF

THE CITY OF SAN
BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City
Council finds that:
(a) The above recitals are true and correct and are incorporated herein by this reference; (b) The report of Spicer Consulting
Group, LLC (the ‘‘Report’’) contains
all matters required by the
Packet Pg. 695
Assessment Law and may, therefore, be approved by the City Council; and
(c) The assessments which are
proposed to be levied on all parcels
of assessable land within the
Assessment District for fiscal year
2022-23 are determined pursuant the
methodology in the engineer's report
based on special benefit conferred upon each such parcel from the payment of the cost of the
maintenance, servicing and
operation of landscaping and
lighting and appurtenant facilities.

SECTION 2. Intention. The City
Council declares that it intends to
levy assessments on all lots and
parcels of assessable land within the
Assessment District for Fiscal Year
2022-23, as set forth in the Report.

Those assessments will be collected
at the same time and in the same
manner as county taxes are
collected, and all laws providing for
the collection and enforcement of
county taxes shall apply to the
collection and enforcement of the
assessments.

SECTION 3. Improvements. The
improvements authorized for the Assessment District are:
(a) The installation or planting of
landscaping and lighting and appurtenant facilities;
(b) The installation or construction
of any facilities which are
appurtenant to any of the foregoing
or which are necessary or convenient for the maintenance or servicing thereof, and
(c) The maintenance or servicing,
or both, of any of the foregoing,
including all matters specified in the
Assessment Law and the original
engineer's report which are
applicable thereto.

SECTION 4. Maintenance. The
maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of landscaping and
lighting, including:
(a) Repair, removal, or
replacement of all, or any part of,
the improvements thereon, including incidental drainage facilities.
(b) Operation, maintenance, repair,
and replacement of irrigation systems.
(c) Servicing and maintenance of
plantings and landscaping.
(d) Repair and maintenance of
incidental drainage facilities.

SECTION 5. Assessment District.

The distinctive designation of the
Assessment District is ‘‘Assessment
District No. 1022 (Zone 1, Zone 2 and
Zone 3) (San Bernardino
International Airport/AllianceCalifornia) of the City of San Bernardino.’’ The boundaries of the Assessment District are described and shown in the Report.

SECTION 6. Report and
Assessments. The Report, which is
on file with the City Clerk, and which
has been presented to the City
Council at the meeting in which this
resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the
improvements, the boundaries of the
Assessment District, the zones
therein, and the proposed
assessments upon assessable lots
and parcels of land therein for the
2022-23 fiscal year.

SECTION 7. Hearing. The time and
place of the hearing required by the
Assessment Law is set for 7:00
o'clock p.m. on July 20, 2022 in the
Bing Wong Auditorium of the
Norman F. Feldheym Public
Library at 555 W. 6th Street, San
Bernardino, California, or via
teleconference as directed by the
City due to COVID-19 social
distancing guidelines .

SECTION 8. Notice of Hearing.

SECTION 9. Publication. The City
Clerk shall cause a copy of this
resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code. Upon completion of such publication, the
City Clerk shall file in her office a
proof of publication demonstrating
compliance with the requirements of
this section. SECTION 10. Designated Person.

The City Council designates Spicer
Consulting Group, LLC, telephone
number (866) 504-2067, as the person to answer inquiries regarding the levying and collection of the
assessments for fiscal year 2022-23.

SECTION 11. CEQA. 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.

Resolution No. 2022-89 was adopted
on May 4, 2022, at the Regular
meeting of the Mayor and City
Council by the following votes:

AYES: Sanchez, Ibarra, Shorett,
Reynoso, Calvin, Alexander
NOES: None
ABSENT: Figueroa,
/s/ Genoveva Rocha
Genoveva Rocha, CMC, City Clerk
Publish on: July 8, 2022
7/8/22
SBS-3601748#
Packet Pg. 696

CALIFORNIA NEWSPAPER SERVICE BUREAU
SBS#

Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com

PERLA LOPEZ

CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.

SAN BERNARDINO, CA 92401

GPNSB GOVERNMENT PUBLIC NOTICE-SB
RESOLUTION NO. 2022-90
07/08/2022
Publication
Total
$911.42
$911.42
Notice Type:

Ad Description

COPY OF NOTICE
3601751
!A000006057096!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

RESOLUTION NO. 2022-90

RESOLUTION OF THE MAYOR

AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO,

CALIFORNIA, DECLARING

INTENTION TO LEVY AND

COLLECT ASSESSMENTS

WITHIN ASSESSMENT
DISTRICTS NOS. 1017, 1019, 1020,
1023 AND 1024 FOR FISCAL YEAR
2022-23, APPROVING THE

ENGINEER'S REPORT AND

PROVIDING NOTICE OF THE

TIME AND PLACE OF HEARING

ON PROPOSED ASSESSMENTS
WHEREAS, the City Council of the
City of San Bernardino (the ‘‘City
Council’’) has established
Assessment District No. 1017, 1019,
1020, 1023 and 1024 of the City of San
Bernardino (collectively, the
‘‘Assessment Districts’’) pursuant to the Charter of the City of San Bernardino and Section 19 of Article
16 and in compliance with Article
XIII D of the Constitution of the
State of California (the ‘‘Assessment
Law’’); and
WHEREAS, on April 6, 2022, the
City Council adopted a resolution
initiating proceedings to levy and collect assessments for fiscal year 2022-23 within the Assessment
Districts and ordering the
preparation of a report regarding
assessments to be levied and collected within the Assessment Districts for fiscal year 2022-23 to
pay the costs of the maintenance,
servicing and operation of public
landscaping and appurtenant
facilities authorized by the
Assessment Law; and
WHEREAS, Spicer Consulting
Group, LLC, the engineer
designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the
City Council adopt a resolution of
intention pursuant to the
Assessment Law and, among other
things, fixing and giving notice of
the time and place of a public
hearing on said report and the proposed assessments for said fiscal year;

BE IT RESOLVED BY THE

MAYOR AND CITY COUNCIL OF

THE CITY OF SAN
BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City
Council finds that:
(a) The above recitals are true and
correct and are incorporated herein by this reference;
(b) The report of Spicer Consulting
Group, LLC (the ‘‘Report’’) contains
all matters required by the
Assessment Law and may,
Packet Pg. 697
therefore, be approved by the City
Council; and
(c) The assessments which are proposed to be levied on all parcels of assessable land within the
Assessment Districts for fiscal year
2022-23 are determined pursuant the
methodology in the engineer's report
based on special benefit conferred
upon each such parcel from the payment of the cost of the maintenance, servicing and
operation of public landscaping and
appurtenant facilities.

SECTION 3. Improvements. (i) The
improvements authorized for
Assessment Districts Nos. 1017, 1019, 1020 and 1023 are:
(a) The installation or planting of
public landscaping and appurtenant
facilities;
(b) The installation or construction
of any facilities which are
appurtenant to any of the foregoing
or which are necessary or convenient for the maintenance, servicing and operation thereof,
including water, irrigation, drainage
or electrical facilities; and
(c) The maintenance or servicing,
or both, of any of the foregoing,
including all matters specified in the
Assessment Law and the original
engineer's report which are
applicable thereto. (ii) The improvements authorized
for Assessment District No. 1024 are:
(a) The installation or planting of
landscaping and sewer lift stations
and appurtenant facilities;
(b) The installation or construction
of any facilities which are appurtenant to any of the foregoing or which are necessary or
convenient for the maintenance or
servicing thereof, and
(c) The maintenance or servicing,
or both, of any of the foregoing,
including all matters specified in the
Assessment Law and the original
engineer's report which are
applicable thereto.

SECTION 4. Maintenance. (i) The
maintenance to be performed for
Assessment Districts Nos. 1017, 1019,
1020 and 1023 consists of the
furnishing of services and materials
for the ordinary and usual maintenance, operation, and
servicing of public landscape, including:
(a) Repair, removal, or
replacement of all, or any part of,
the improvements thereon,
including incidental drainage
facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems.
(c) Servicing and maintenance of
plantings and landscaping.
(d) Repair and maintenance of
incidental drainage facilities.
(ii) The maintenance to be
performed for Assessment District
No. 1024 consists of the furnishing of
services and materials for the
ordinary and usual maintenance,
operation, and servicing of
landscaping and sewer lift stations,
including:
(a) Repair, removal, or
replacement of all, or any part of,
the improvements thereon,
including incidental drainage
facilities.
(b) Operation, maintenance, repair,
and replacement of irrigation systems.
(c) Servicing and maintenance of
plantings and landscaping. (d) Repair and maintenance of incidental drainage and wastewater
facilities.

SECTION 5. Assessment Districts.

The distinctive designation of each of the Assessment Districts is as follows: ‘‘Assessment District No.
1017 (Kendall and Pine Area) of the
City of San Bernardino,’’
‘‘Assessment District No. 1019
(Northpark and Mountain Area) of
the City of San Bernardino,’’
‘‘Assessment District No. 1020 (Mill
Street and Dallas Avenue Area) of
the City of San Bernardino,’’ ‘‘Assessment District No. 1023 (Elm Avenue and Coulston Street Area) of
the City of San Bernardino’’ and
‘‘Assessment District No. 1024
(Inland Center Drive and Riverwalk
Drive Area) of the City of San
Bernardino.’’ The boundaries of the
Assessment Districts are described and shown in the Report.

SECTION 6. Report and
Assessments. The Report, which is
on file with the City Clerk, and which
has been presented to the City
Council at the meeting in which this
resolution is adopted, is approved.

Reference is made to the Report for
a full and detailed description of the
improvements, the boundaries of the
Assessment Districts, and the
proposed assessments upon
assessable lots and parcels of land
therein for the 2022-23 fiscal year.

SECTION 7. Hearing. The time and
place of the hearing required by the
Assessment Law is set for 7:00 o'clock p.m. on July 20, 2022 in the Bing Wong Auditorium of the
Norman F. Feldheym Public
Library at 555 W. 6th Street, San
Bernardino, California, or via
teleconference as directed by the
City due to COVID-19 social
distancing guidelines.

SECTION 8. Notice of Hearing.

SECTION 9. Publication. The City
Clerk shall cause a copy of this
resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section
6061 of the Government Code. Upon completion of such publication, the City Clerk shall file in her office a
proof of publication demonstrating
compliance with the requirements of
this section. SECTION 10. Designated Person.

The City Council designates Spicer
Consulting Group, LLC, telephone
number (866) 504-2067, as the person
to answer inquiries regarding the
levying and collection of the
assessments for fiscal year 2022-23.

SECTION 11. CEQA. 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.

Packet Pg. 698
SECTION 13. Effective Date. This Resolution shall become effective immediately. Resolution No. 2022-90 was adopted
on May 4, 2022, at the Regular
meeting of the Mayor and City
Council by the following votes:

AYES: Sanchez, Ibarra, Shorett,
Reynoso, Calvin, Alexander
NOES: None ABSENT: Figueroa,
/s/ Genoveva Rocha
Genoveva Rocha, CMC, City Clerk
Publish on: July 8, 2022
7/8/22
SBS-3601751#
Packet Pg. 699

CALIFORNIA NEWSPAPER SERVICE BUREAU
SBS#

Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839
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PERLA LOPEZ

CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.

SAN BERNARDINO, CA 92401

GPNSB GOVERNMENT PUBLIC NOTICE-SB
RESOLUTION NO. 2022-92
07/08/2022
Publication
Total
$1181.64
$1181.64
Notice Type:

Ad Description

COPY OF NOTICE
3601756
!A000006057175!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

RESOLUTION NO. 2022-92

RESOLUTION OF THE MAYOR

AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO,

CALIFORNIA, DECLARING

INTENTION TO LEVY AND

COLLECT ASSESSMENTS

WITHIN ASSESSMENT
DISTRICTS NOS. 1028, 1029, 1030,
1031, 1032, 1035 (ZONE 1), 1035
(ZONE 2), 1036, 1037, 1038, 1039,
1040, 1041, 1042, 1043 (ZONE 1),
1043 (ZONE 2), 1045, 1046, 1047,
1048, 1050, 1052, 1054, 1055, 1056,
1057, 1059, 1060, 1063, 1064, AND
1068 FOR FISCAL YEAR 2022-23,

APPROVING THE ENGINEER'S

REPORT AND PROVIDING

NOTICE OF THE TIME AND

PLACE OF HEARING ON

PROPOSED ASSESSMENTS
WHEREAS, the City Council of the City of San Bernardino (the ‘‘City Council’’) has established
Assessment Districts Nos. 1028, 1029,
1030, 1031, 1032, 1035 (Zone 1), 1035
(Zone 2), 1036, 1037, 1038, 1039, 1040,
1041, 1042, 1043 (Zone 1), 1043 (Zone
2), 1045, 1046, 1047, 1048, 1050, 1052,
1054, 1055, 1056, 1057, 1059, 1060, 1063,
1064 and 1068 of the City of San Bernardino (collectively, the ‘‘Assessment Districts’’) pursuant to the Charter of the City of San Bernardino and Section 19 of Article
16 and in compliance with Article XIII D of the Constitution of the State of California (the ‘‘Assessment
Law’’); and
WHEREAS, on April 6, 2022, the
City Council adopted a resolution
initiating proceedings to levy and
collect assessments for fiscal year
2022-23 within the Assessment
Districts and ordering the
preparation of a report regarding assessments to be levied and collected within the Assessment
Districts for fiscal year 2022-23 to
pay the costs of the maintenance,
servicing and operation of public
landscaping and appurtenant
facilities authorized by the
Assessment Law; and
WHEREAS, Spicer Consulting
Group, LLC, the engineer
designated by the City Council to prepare such report, has filed its report with the City Clerk and such
report has been presented to and considered by the City Council; and WHEREAS, it is necessary that the
City Council adopt a resolution of
intention pursuant to the Assessment Law and, among other things, fixing and giving notice of
the time and place of a public hearing on said report and the proposed assessments for said fiscal
year;

BE IT RESOLVED BY THE

MAYOR AND CITY COUNCIL OF
Packet Pg. 700

THE CITY OF SAN
BERNARDINO AS FOLLOWS:

SECTION 1. Findings. The City
Council finds that:
(a) The above recitals are true and
correct and are incorporated herein
by this reference;
(b) The report of Spicer Consulting
Group, LLC (the ‘‘Report’’) contains
all matters required by the Assessment Law and may,
therefore, be approved by the City
Council; and
(c) The assessments which are
proposed to be levied on all parcels
of assessable land within the
Assessment Districts for fiscal year
2022-23 are determined pursuant the
methodology in the engineer's report
based on special benefit conferred
upon each such parcel from the
payment of the cost of the
maintenance, servicing and
operation of public landscaping and
appurtenant facilities.

SECTION 2. Intention. The City
Council declares that it intends to
levy assessments on all lots and
parcels of assessable land within the
Assessment Districts for Fiscal
Year 2022-23, as set forth in the Report. Those assessments will be collected at the same time and in the
same manner as county taxes are collected, and all laws providing for the collection and enforcement of
county taxes shall apply to the
collection and enforcement of the
assessments. SECTION 3. Improvements. (i) The
improvements authorized for the
listed Assessment Districts (except
Assessment Districts Nos. 1055 and
1068) are:
(a) The installation or planting of
public landscaping and appurtenant
facilities;
(b) The installation or construction
of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof,
including water, irrigation, drainage
or electrical facilities; and
(c) The maintenance or servicing,
or both, of any of the foregoing, including all matters specified in the Assessment Law and the original
engineer's report which are
applicable thereto. (ii) The improvements authorized
for the Assessment District No. 1055
are:
(a) The installation or planting of
landscaping and sewer lift stations
and appurtenant facilities;
(b) The installation or construction
of any facilities which are
appurtenant to any of the foregoing
or which are necessary or
convenient for the maintenance or servicing thereof, and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the
Assessment Law and the original
engineer's report which are
applicable thereto.
(iii) The improvements authorized
for the Assessment District No. 1068 are:
(a) The installation or planting of
landscape, detention basin and
storm drains and appurtenant
facilities;
(b) The installation or construction
of any facilities which are
appurtenant to any of the foregoing
or which are necessary or
convenient for the maintenance or
servicing thereof, and
(c) The maintenance or servicing,
or both, of any of the foregoing,
including all matters specified in the
Assessment Law and the original
engineer's report which are
applicable thereto.

SECTION 4. Maintenance. The
maintenance to be performed
consists of the furnishing of services
and materials for the ordinary and usual maintenance, operation, and servicing of public landscape,
including: (a) Repair, removal, or
replacement of all, or any part of,
the improvements thereon,
including incidental drainage
facilities. (b) Operation, maintenance, repair,
and replacement of irrigation
systems.
(c) Servicing and maintenance of
plantings and landscaping.
(d) Repair and maintenance of
incidental drainage facilities.

SECTION 5. Assessment Districts.

The distinctive designation of each
of the Assessment Districts is as follows: ‘‘Assessment District No. 1028 (Ohio Avenue and Walnut
Avenue Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1029 (California Street and 16th
Street Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1030 (Magnolia Avenue and Ohio Avenue Area) of the City of San Bernardino,’’ ‘‘Assessment District
No. 1031 (Irvington Avenue and
Olive Avenue Area) of the City of
San Bernardino,’’ ‘‘Assessment
District No. 1032 (Palm Avenue and
Verdemont Drive) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1035 (Zone 1 and Zone 2) (Palm
Avenue and Meyers Road) of the
City of San Bernardino,’’
‘‘Assessment District No. 1036
(Northpark Boulevard and Campus
Parkway) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1037 (Belmont Avenue and
Magnolia Avenue) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1038 (Orange Show Road and
Arrowhead Avenue) of the City of
San Bernardino,’’ ‘‘Assessment
District No. 1039 (Irvington Avenue
and Chestnut Avenue Area) of the
City of San Bernardino,’’
‘‘Assessment District No. 1040
(Acacia Avenue and Hill Drive
Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1041 (Magnolia Avenue and Ohio
Avenue Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1042 (Shandin Hills Drive and
Shady Creek Drive) of the City of
San Bernardino,’’ ‘‘Assessment
District No. 1043 (Zone 1 and Zone 2)
(Palm Avenue and Irvington Avenue
Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1045 (Waterman Avenue and
Orange Show Road Area) of the City
of San Bernardino,’’ ‘‘Assessment
District No. 1046 (Northpark
Boulevard and Northstar Avenue
Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1047 (Ohio Avenue and Pine Avenue Area) of the City of San Bernardino,’’ ‘‘Assessment District
No. 1048 (Eucalyptus Avenue and
Randall Avenue Area) of the City of
San Bernardino,’’ ‘‘Assessment
District No. 1050 (Pepper Avenue
and Rialto Avenue Area) of the City
of San Bernardino,’’ ‘‘Assessment
District No. 1052 (Belmont Avenue
and Chestnut Avenue Area) of the
City of San Bernardino,’’
‘‘Assessment District No. 1054
(Campus Parkway and Valles Drive
Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1055 (Pine Avenue and Redwood
Street Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1056 (Magnolia Avenue and
Garfield Street Area) of the City of
San Bernardino,’’ ‘‘Assessment
District No. 1057 (Cajon Boulevard
and University Parkway Area) of
the City of San Bernardino’’
‘‘Assessment District No. 1059
(Orange Show Road and Tippecanoe Avenue Area) of the City of San Bernardino,’’ ‘‘Assessment District
No. 1060
(Chiquita Lane and Date Street
Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1063 (Central Avenue and Lena
Road Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1064 (Cajon Boulevard and Glen
Helen Parkway Area) of the City of
San Bernardino’’ and ‘‘Assessment
District No. 1068 (Tippecanoe
Avenue and Central Avenue Area) of
the City of San Bernardino.’’ The
Packet Pg. 701
boundaries of the Assessment
Districts are described and shown in
the Report. SECTION 6. Report and
Assessments. The Report, which is
on file with the City Clerk, and which
has been presented to the City
Council at the meeting in which this
resolution is adopted, is approved.

Reference is made to the Report for a full and detailed description of the improvements, the boundaries of the
Assessment Districts, and the
proposed assessments upon
assessable lots and parcels of land
therein for the 2022-23 fiscal year.

SECTION 8. Notice of Hearing.

SECTION 9. Publication. The City
Clerk shall cause a copy of this
resolution to be published once in
The San Bernardino Sun as required
by the Assessment Law and Section 6061 of the Government Code. Upon completion of such publication, the City Clerk shall file in her office a proof of publication demonstrating
compliance with the requirements of
this section.

SECTION 10. Designated Person.

The City Council designates Spicer Consulting Group, LLC, telephone number (866) 504-2067, as the person
to answer inquiries regarding the
levying and collection of the assessments for fiscal year 2022-23.

SECTION 11. CEQA. 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.

Resolution No. 2022-92 was adopted
on May 4, 2022, at the Regular
meeting of the Mayor and City
Council by the following votes:

AYES: Sanchez, Ibarra, Shorett,
Reynoso, Calvin, Alexander
NOES: None
ABSENT: Figueroa,
/s/ Genoveva Rocha
Genoveva Rocha, CMC, City Clerk
Publish on: July 8, 2022
7/8/22
SBS-3601756#
Packet Pg. 702

CALIFORNIA NEWSPAPER SERVICE BUREAU
SBS#

Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com

PERLA LOPEZ

CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.

SAN BERNARDINO, CA 92401

GPN GOVT PUBLIC NOTICE
RESOLUTION NO. 2022-88
07/08/2022
Publication
Total
$1135.84
$1135.84
Notice Type:

Ad Description

COPY OF NOTICE
3601750
!A000006057095!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

RESOLUTION NO. 2022-88

RESOLUTION OF THE MAYOR

AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO,

CALIFORNIA, DECLARING

INTENTION TO LEVY AND

COLLECT ASSESSMENTS

WITHIN ASSESSMENT
DISTRICTS NOS. 951 (ZONE 1),
951 (ZONE 2), 952 (ZONES 1, 2
AND 2A), 952 (ZONE 3), 953, 956,
959 (ZONE 1), 962, 963, 968, 974,
975, 976, 981, 982, 986, 989, 991, 993,
997, 1001, 1002, 1005, 1007, 1012 AND
1016 FOR FISCAL YEAR 2022-23,

APPROVING THE ENGINEER'S

REPORT AND PROVIDING

NOTICE OF THE TIME AND

PLACE OF HEARING ON

PROPOSED ASSESSMENTS
WHEREAS, the City Council of the
City of San Bernardino (the ‘‘City
Council’’) has established
Assessment Districts Nos. 951 (Zone
1), 951 (Zone 2), 952 (Zones 1, 2 and
2A), 952 (Zone 3), 953, 956, 959 (Zone
1), 962, 963, 968, 974, 975, 976, 981, 982,
986, 989, 991, 993, 997, 1001, 1002, 1005,
1007, 1012 and 1016 of the City of San
Bernardino (collectively, the
‘‘Assessment Districts’’) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the
State of California (the ‘‘Assessment
Law’’); and
WHEREAS, on April 6, 2022, the
City Council adopted a resolution
initiating proceedings to levy and
collect assessments for fiscal year
2022-23 within the Assessment
Districts and ordering the
preparation of a report regarding
assessments to be levied and
collected within the Assessment
Districts for fiscal year 2022-23 to
pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant
facilities authorized by the
Assessment Law; and
WHEREAS, Spicer Consulting
Group, LLC, the engineer
designated by the City Council to
prepare such report, has filed its
report with the City Clerk and such report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the
Assessment Law and, among other things, fixing and giving notice of the time and place of a public
hearing on said report and the
proposed assessments for said fiscal
year;

BE IT RESOLVED BY THE

MAYOR AND CITY COUNCIL OF

THE CITY OF SAN
BERNARDINO AS FOLLOWS:

Packet Pg. 703
SECTION 1. Findings. The City
Council finds that:
(a) The above recitals are true and correct and are incorporated herein by this reference;
(b) The report of Spicer Consulting
Group, LLC (the ‘‘Report’’) contains
all matters required by the
Assessment Law and may,
therefore, be approved by the City
Council;
(c) The assessments which are
proposed to be levied on all parcels
of assessable land within the
Assessment Districts for fiscal year
2022-23 are determined pursuant the
methodology in the engineer's report
based on special benefit conferred
upon each such parcel from the
payment of the cost of the
maintenance, servicing and
operation of public landscaping and
appurtenant facilities for those
designated Assessment Districts,
landscaping and lighting for those
designated Assessment Districts,
and sewer lift stations and
appurtenant facilities for those
designated Assessment Districts;
and
(d) The amount of the assessment which is proposed to be assessed on each such parcel is not proposed to
be increased over the amount of the assessment which was levied on the parcel for fiscal year 2021-22.

SECTION 3. Improvements. (i) The improvements authorized for Assessment Districts Nos. 951 (Zone
1), 951 (Zone 2), 952 (Zones 1, 2, 2A
and 3), 953, 956, 959 (Zone 1), 968,
974, 975, 976, 981, 982, 986, 989, 991,
993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 are:
(a) The installation or planting of
public landscaping and appurtenant
facilities; (b) The installation or construction
of any facilities which are
appurtenant to any of the foregoing
or which are necessary or
convenient for the maintenance,
servicing and operation thereof,
including water, irrigation, drainage
or electrical facilities; and
(c) The maintenance or servicing,
or both, of any of the foregoing,
including all matters specified in the
Assessment Law and the original engineer's report which are applicable thereto. (ii) The improvements authorized
for the Assessment Districts Nos.
962 and 963 are:
(a) The installation or planting of
sewer lift stations and appurtenant
facilities;
(b) The installation or construction of any facilities which are appurtenant to any of the foregoing
or which are necessary or
convenient for the maintenance or
servicing thereof, and
(c) The maintenance or servicing,
or both, of any of the foregoing,
including all matters specified in the
Assessment Law and the original
engineer's report which are
applicable thereto.

SECTION 4. Maintenance. (i) For
Assessment Districts Nos. 951 (Zone
1), 951 (Zone 2), 952 (Zones 1, 2, 2A
and 3), 953, 956, 959 (Zone 1), 968,
974, 975, 976, 981, 982, 986, 989, 991,
993, 997, 1001, 1002, 1005, 1007, 1012
and 1016, the maintenance to be
performed consists of the furnishing
of services and materials for the
ordinary and usual maintenance, operation, and servicing of public landscape, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon,
including incidental drainage
facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems.
(c) Servicing and maintenance of
plantings and landscaping.
(d) Repair and maintenance of
incidental drainage facilities.
(ii) For Assessment Districts Nos.
962 and 963 the maintenance to be
performed consists of the furnishing
of services and materials for the ordinary and usual maintenance, operation, and servicing of sewer lift stations including:
(a) Repair, removal, or
replacement of all, or any part of,
the improvements thereon,
including incidental drainage
facilities. (b) Repair and maintenance of
incidental wastewater facilities.

SECTION 5. Assessment Districts.

The distinctive designation of each of the Assessment Districts is as follows: ‘‘Assessment District No.
951 (Zones 1 and 2) (Wagonwheel
Road Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 952 (Zones 1, 2, 2A) (State
College Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 952 (Zone 3) (State College
Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 953 (16th Street) of the City of
San Bernardino,’’ ‘‘Assessment
District No. 956 (Carnegie Drive Area) of the City of San Bernardino,’’ ‘‘Assessment District
No. 959 (Zone 1) (Shandin Hills) of
the City of San Bernardino,’’
‘‘Assessment District No. 962 (Pine
Avenue Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 963 (Allen Street) of the City of
San Bernardino,’’ ‘‘Assessment
District No. 968 (Airport Drive) of
the City of San Bernardino,’’
‘‘Assessment District No. 974 (Rialto
Avenue Between Eucalyptus and
Pepper) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 975 (Pepper and Mill Area) of
the City of San Bernardino,’’
‘‘Assessment District No. 976 (Pine
and Belmont) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 981 (Meridian and Randall
Avenue) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 982 (Piedmont Drive Area) of
the City of San Bernardino,’’
‘‘Assessment District No. 986 (Rialto
and Macy Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 989 (Mill and Macy Area) of the
City of San Bernardino,’’
‘‘Assessment District No. 991
(Verdemont and Olive Area) of the
City of San Bernardino,’’
‘‘Assessment District No. 993 (Cajon
and June Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 997 (Chestnut Area) of the City
of San Bernardino,’’ ‘‘Assessment
District No. 1001 (Pennsylvania and
Birch Area) of the City of San
Bernardino,’’ ‘‘Assessment District
No. 1002 (North ‘‘H’’ Street Area) of
the City of San Bernardino,’’
‘‘Assessment District No. 1005
(Cajon and Pepper Linden Area) of
the City of San Bernardino,’’ ‘‘Assessment District No. 1007 (Pepper and Randall Area) of the City of San Bernardino,’’ ‘‘Assessment District No. 1012
(Mill/Burney Area) of the City of
San Bernardino’’ and ‘‘Assessment
District No. 1016 (Coulston Area) of
the City of San Bernardino.’’ The boundaries of each of the Assessment Districts are described
and shown in the Report.

SECTION 6. Report and
Assessments. The Report, which is
on file with the City Clerk, and which
has been presented to the City
Council at the meeting in which this
resolution is adopted, is approved.

Reference is made to the Report for
a full and detailed description of the
improvements, the boundaries of the
Assessment District, the zones
therein, and the proposed
assessments upon assessable lots
Packet Pg. 704
and parcels of land therein for the 2022-23 fiscal year.

SECTION 7. Hearing. The time and
place of the hearing required by the
Assessment Law is set for 7:00
o'clock p.m. on July 20, 2022 in the
Bing Wong Auditorium of the
Norman F. Feldheym Public
Library at 555 W. 6th Street, San
Bernardino, California, or via teleconference as directed by the City due to COVID-19 social
distancing guidelines.

SECTION 8. Notice of Hearing.

SECTION 9. Publication. The City
Clerk shall cause a copy of this
resolution to be published once in
The San Bernardino Sun as required
by the Assessment Law and Section
6061 of the Government Code. Upon
completion of such publication, the
City Clerk shall file in her office a
proof of publication demonstrating compliance with the requirements of this section.

SECTION 10. Designated Person.

The City Council designates Spicer
Consulting Group, LLC, telephone
number (866) 504-2067, as the person
to answer inquiries regarding the
levying and collection of the
assessments for fiscal year 2022-23.

SECTION 11. CEQA. 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 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. Resolution No. 2022-88 was adopted
on May 4, 2022, at the Regular
meeting of the Mayor and City
Council by the following votes:

AYES: Sanchez, Ibarra, Shorett,
Reynoso, Calvin, Alexander
NOES: None ABSENT: Figueroa,
/s/ Genoveva Rocha
Genoveva Rocha, CMC, City Clerk
Publish on: July 8, 2022
7/8/22
SBS-3601750#
Packet Pg. 705

CALIFORNIA NEWSPAPER SERVICE BUREAU
SBS#

Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com

PERLA LOPEZ

CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.

SAN BERNARDINO, CA 92401

GPNSB GOVERNMENT PUBLIC NOTICE-SB
RESOLUTION NO. 2022-91
07/08/2022
Publication
Total
$764.86
$764.86
Notice Type:

Ad Description

COPY OF NOTICE
3601752
!A000006057171!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

RESOLUTION NO. 2022-91

RESOLUTION OF THE MAYOR

AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO,

CALIFORNIA, DECLARING

INTENTION TO LEVY AND

COLLECT ASSESSMENTS

WITHIN ASSESSMENT
DISTRICTS NOS. 1025 AND 1027
FOR FISCAL YEAR 2022-23, APPROVING THE ENGINEER'S

REPORT AND PROVIDING

NOTICE OF THE TIME AND

PLACE OF HEARING ON

PROPOSED ASSESSMENTS
WHEREAS, the City Council of the
City of San Bernardino (the ‘‘City
Council’’) has established
Assessment Districts Nos. 1025 and
1027 of the City of San Bernardino
(collectively, the ‘‘Assessment
Districts’’) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in
compliance with Article XIII D of
the Constitution of the State of
California (the ‘‘Assessment Law’’);
and
WHEREAS, on April 6, 2022, the
City Council adopted a resolution
initiating proceedings to levy and collect assessments for fiscal year 2022-23 within the Assessment
Districts and ordering the
preparation of a report regarding
assessments to be levied and collected within the Assessment Districts for fiscal year 2022-23 to
pay the costs of the maintenance,
servicing and operation of public
landscaping and appurtenant
facilities authorized by the
Assessment Law; and
WHEREAS, Spicer Consulting
Group, LLC, the engineer
designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the
City Council adopt a resolution of
intention pursuant to the
Assessment Law and, among other
things, fixing and giving notice of
the time and place of a public
hearing on said report and the proposed assessments for said fiscal year;

BE IT RESOLVED BY THE

MAYOR AND CITY COUNCIL OF

THE CITY OF SAN
BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City
Council finds that:
(a) The above recitals are true and
correct and are incorporated herein by this reference;
(b) The report of Spicer Consulting
Group, LLC (the ‘‘Report’’) contains
all matters required by the
Assessment Law and may,
Packet Pg. 706
therefore, be approved by the City
Council; and
(c) The assessments which are proposed to be levied on all parcels of assessable land within the
Assessment Districts for fiscal year
2022-23 are determined pursuant the
methodology in the engineer's report
based on special benefit conferred
upon each such parcel from the payment of the cost of the maintenance, servicing and
operation of public landscaping and
appurtenant facilities.

SECTION 3. Improvements. The
improvements authorized for the
Assessment Districts are: (a) The installation or planting of public landscaping and appurtenant
facilities; (b) The installation or construction
of any facilities which are
appurtenant to any of the foregoing
or which are necessary or
convenient for the maintenance, servicing and operation thereof, including water, irrigation, drainage
or electrical facilities; and
(c) The maintenance or servicing,
or both, of any of the foregoing,
including all matters specified in the
Assessment Law and the original
engineer's report which are
applicable thereto.

SECTION 4. Maintenance. The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and
servicing of public landscape,
including:
(a) Repair, removal, or
replacement of all, or any part of, the improvements thereon, including incidental drainage
facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems.
(c) Servicing and maintenance of
plantings and landscaping.
(d) Repair and maintenance of
incidental drainage facilities.

SECTION 5. Assessment Districts.

The distinctive designation of the
Assessment Districts are
‘‘Assessment District No. 1025
(Palm Avenue and Washington
Avenue Area) of the City of San Bernardino’’ and ‘‘Assessment District No. 1027 (Waterman Avenue and Washington Street Area) of the City of San Bernardino.’’ The
boundaries of the Assessment
Districts are described and shown in
the Report.

SECTION 6. Report and
Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City
Council at the meeting in which this
resolution is adopted, is approved.

SECTION 8. Notice of Hearing.

NOTICE IS HEREBY GIVEN that on the date and at the time and place specified in Section 7 hereof, the City
Council will conduct the public
hearing on the Report and the
assessments to be levied on assessable lots and parcels of property in the Assessment Districts
for fiscal year 2022-23. Any
interested person may file a written
protest with the City Clerk prior to
the conclusion of the hearing, which
protest must state all grounds of
objection and describe the property
within the Assessment Districts
owned by any such person. SECTION 9. Publication. The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required
by the Assessment Law and Section
6061 of the Government Code. Upon
completion of such publication, the
City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of
this section.

SECTION 10. Designated Person. The City Council designates Spicer Consulting Group, LLC, telephone
number (866) 504-2067, as the person
to answer inquiries regarding the
levying and collection of the
assessments for fiscal year 2022-23.

SECTION 11. CEQA. 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.

Resolution No. 2022-91 was adopted
on May 4, 2022, at the Regular
meeting of the Mayor and City
Council by the following votes:

AYES: Sanchez, Ibarra, Shorett,
Reynoso, Calvin, Alexander
NOES: None
ABSENT: Figueroa, /s/ Genoveva Rocha
Genoveva Rocha, CMC, City Clerk
Publish on: July 8, 2022
7/8/22
SBS-3601752#
Packet Pg. 707

PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community & Economic Development (CED)
Subject: Warmington Homes – Palm Avenue Project (Ward 4) Recommendations
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2022-157 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 21-02 changing the General Plan Land Use Designation of five (5) parcels (APN: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres from Commercial to Multiple-Family Residential;

2. Introduce, read by title only, and waive further reading of Ordinance No.

3. Adopt Resolution No. 2022-158 of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 21-13 (Tentative Parcel Map 20495) allowing the subdivision five (5) parcels (APNS: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres into one hundred thirty-three (133) single-family residential lots and nine (9) lettered lots for common facility improvements, and Development Permit Type-P 21- Packet Pg. 708
07 allowing the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached singlefamily residences located on the northwest corner of E. Highland Avenue and N. Palm Avenue, pursuant to a Mitigated Negative Declaration; and

4. Schedule the adoption of the Ordinance for the regularly scheduled meeting of the Mayor and City Council on August 3, 2022.

Background
On June 14, 2022, the Planning Commission, by a unanimous vote, adopted Resolution No. 2022-032 forwarding a recommendation that the Mayor and City Council:

1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and

2. Approve General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 based on the Findings of Fact and subject to the recommended Conditions of Approval.

Discussion
Pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter

19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), Chapter 19.66 (Subdivision Maps), and Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code, the applicant is requesting the approval of:
 General Plan Amendment 21-02 and Development Code Amendment (Zoning Map Amendment) 21-07 to change the General Plan Land Use Designation from Commercial to Multiple-Family Residential and the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) of five (5) parcels containing a total of approximately 14.70 acres;
 Subdivision 21-13 (Tentative Parcel Map 20495) to subdivide five (5) parcels containing a total of approximately 14.70 acres into one hundred thirty-three (133) single-family residential lots and nine (9) lettered lots for common facility improvements; and
 Development Permit Type-P 21-07 to allow the development and establishment of a planned unit development comprised of one hundred thirty-three (133) detached single-family residences.

General Plan Amendment/Development Code Amendment (Zoning Map Amendment)
The subject property is comprised of five (5) parcels containing a total of approximately

14.70 acres located along the Highland Avenue corridor within the eastern portion of Packet Pg. 709
the City of San Bernardino. The project site is located within the Commercial General (CG-1) zone and is current vacant and underutilized.

The intent of the Commercial General (CG-1) and Residential Medium (RM)) zoning designations are described as follows, pursuant to Chapter 19.04 (Residential Zones) and Chapter 19.06 (Commercial Zones) of the City of San Bernardino Development Code:

CG-1 (COMMERCIAL GENERAL) ZONE RM (RESIDENTIAL MEDIUM) ZONE This zone is intended to provide for the
continued use, enhancement, and new
development of retail, personal service,
entertainment, office and related
commercial uses along major
transportation corridors and intersections
to service the needs of the residents;
reinforcing existing commercial corridors
and centers and establishing new
locations as residential growth occurs.

This zone is intended to promote the
development of multi-family townhomes,
condominiums, and apartments at a
maximum density of 12 units per net acre.

The proposed project is requesting to change the Zoning District Classification of the project site to Residential Medium (RM) in order to allow the development of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences.

Analysis
The project site is located on the northwest corner of E. Highland Avenue and N.

Palm Avenue, within the Commercial General (CG-1) zone. Table 1, below, provides a summary of the surrounding land use characteristics of the subject site and surrounding properties.

TABLE 1: SITE AND SURROUNDING LAND USES

LOCATION LAND USE ZONE GENERAL PLAN

DESIGNATION
Site Vacant Commercial General (CG-1) Commercial
North Single-Family Residential Residential Suburban (RS) Single-Family Residential
South Commercial Commercial General (CG-1) Commercial
East Commercial and Single-Family
Residential
Commercial General (CG-1)
and Residential Suburban (RS)
Commercial and
Single-Family
Residential
West Hospital Public Facilities (PF) Public/Quasi-Public With the concurrent approval of General Plan Amendment 21-02 and Development Packet Pg. 710
Code Amendment (Zoning Map Amendment) 21-07, the proposed Planned Unit Development comprised of one hundred thirty-three (133) single-family residences is consistent with the polices of the City’s General Plan and complies with the City’s Development Code. The proposed Residential Medium (RM) zone allows for a density of twelve (12) residential dwellings per acre, which translates into a total of 176 allowable residences. The proposed Planned Unit Development comprised of one hundred thirty-three (133) residences translates into a density of nine (9) residential dwellings per acre.

The homes planned for Warmington Residential – Palm Avenue are designed to create an inviting community that focuses on the comfort, safety, and active lifestyles of the homeowners. Homes within are oriented to front the private streets with both entry doors and primary windows, creating a strong sense of neighborhood. The home sites also provide a driveway space, 2-car enclosed private garages as well as privatized outdoor spaces with the homes within this neighborhood divided between conventional lots and clustered units each with two stories and three plan types ranging from 1,630 square feet to 2,456 square feet, and between 3 and 5 bedrooms. The design of each home focuses on open spacious plans that allows an abundance of natural light in and connects indoor and outdoor spaces. Each plan type has three elevation styles – Cottage, Prairie, and Farmhouse – that are inspired by the surrounding neighborhoods, while also providing well balanced details and high quality, durable finishes. Homes will feature solar panels, pre-wired EV charging within the garages as well as many other energy efficient features that meet today’s rigorous Cal Green standards.

Packet Pg. 711
By creating an uninterrupted and well landscaped pedestrian experience throughout the neighborhood, the sidewalks provide a safe environment for leisurely walks that connect the homes of future residents to each other as well as to both the passive and active outdoor recreation spaces featured within the neighborhood.

Open Space/Landscaping:

Creative landscaping at the Palm Avenue project has been designed for this new community to provide residences with an array of enjoyable common area opportunities. The proposed project provides a total of approximately 21,859 square feet of common open space acre. The common open space is provided primarily within two (2) landscaped parks. The proposed single-family residences provide a total of approximately 61,475 square feet of private open space within the backyard areas, which translates into approximately 691 square feet for the conventional lots and approximately 250 square feet for the clustered units. The total common and private open space area is approximately 83,334 square feet, which translates into approximately 627 square feet per single-family residence.

Packet Pg. 712
Landscaping within the common area will be environmentally friendly using California-friendly plant material, as well as the latest in smart irrigation technology, to conserve as much water as possible. Additionally, the proposed project provides forty-one (41) guest parking spaces.

Access/Traffic:

The project site will have direct primary access via a gated entry located along N.

Palm Avenue. The internal site circulation has been designed to adequately accommodate on-site residential circulation and access to the garages and guest parking areas. An internal sidewalk and designated “paths of travel” have also been provided to ensure pedestrian safety. Secondary emergency fire access is provided from N. Orange Avenue. Finally, the City’s Traffic Engineering Division has accepted the Traffic Impact Analysis prepared for the proposed development, and adequate traffic improvement measures will be implemented based upon the approved Traffic Impact Analysis and the recommendations of the City’s Traffic Engineer.

General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide Packet Pg. 713
future development within the City, including the following:
 Enhance the aesthetic quality of land uses and structures in San Bernardino.  Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development.  Control development and the use of land to minimize adverse impacts.

With the approval of General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Tract Map 20495) and Development Permit Type-P 21-07, the applicant will be revitalizing the subject site in a manner that will enhance the physical and visual qualities of the subject site thereby enhancing the aesthetics of the surrounding neighborhood. Additionally, through this project, the existing property will be transformed from a vacant underutilized site into a development that meets the City’s housing needs, while satisfying the Development Code requirements and will be adequately regulated through the Conditions of Approval in order to minimize potential impacts.

California Environmental Quality Act
In accordance with §15063 (Initial Study) of the California Environmental Quality Act (CEQA), the applicant submitted and the Planning Division accepted an Initial Study/Mitigated Negative Declaration prepared in connection with General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Tract Map 20494) and Development Permit Type-P 21-06.

Accordingly, pursuant to §15072 (Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration) of CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration for the proposed project was posted on May 11, 2022 for the CEQA-mandated twenty (20) day public review and comment period.

During the twenty (20) day public review and comment period for the Draft Initial Study/Mitigated Negative Declaration comments were received from the San Bernardino County Department of Public Works. Responses to those comments were incorporated into the Final Mitigated Negative Declaration for the proposed project (Attachment 9).

Additionally, the project includes a Mitigation Monitoring and Reporting Program that incorporates all necessary measures to ensure that the proposed development does not create undue impacts in the vicinity of the project site. 2021-2025 Key Strategic Targets and Goals
General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Tract Map 20495) and Development Permit Type-P 21-07 aligns with Key Target No. 3: Improved Quality of Life. The one hundred thirty-three (133) single-family residences will help the City meet its State mandated housing requirements, will be consistent with the surrounding single-family residential land uses, and provides for a market rate housing stock.

Fiscal Impact
Development impact fees associated with the project will be approximately Packet Pg. 714
$2,501,065. City services will be provided to this project similar to other single-family residential neighborhoods within the City and surrounding area.

Conclusion
With the concurrent approval of General Plan Amendment 21-02 and Development Code Amendment (Zoning Map Amendment) 21-07, the development comprised of one hundred thirty-three (133) single-family residences is consistent with the polices of the City’s General Plan, complies with the standards of the City’s Development Code, is compatible with the surrounding residential neighborhoods, meets the City’s Goals and Objectives, and will help the City meet its State mandated housing requirements.

Therefore, it is recommended that the Mayor and City Council of the City of San Bernardino, California:
1) Adopt Resolution No. 2022-157 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 21-02 changing the General Plan Land Use Designation of five (5) parcels (APNS: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres from Commercial to Multiple-Family Residential;
2) Introduce, read by title only, and waive further reading of Ordinance No.

MC-1588 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 21-07 changing the Zoning District Classification of five (5) parcels containing a total of approximately 14.70 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration:
3) Adopt Resolution No. 2022-158 of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 21-13 (Tentative Parcel Map 20495) allowing the subdivision of five (5) parcels (APNS: 0285-211- 05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres into one hundred thirty-three (133) single-family residential lots and nine (9) lettered lots for common facility improvements, and Development Permit Type-P 21-07 allowing the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached singlefamily residences located on the northwest corner of E. Highland Avenue and N. Palm Avenue, pursuant to a Mitigated Negative Declaration; and 4) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on August 3, 2022.

Attachments
Packet Pg. 715
Attachment 1 Resolution No. 2022-157 (Adopting MND / MMRP and Approving General Plan Amendment 21-02)
Attachment 2 Resolution No. 2022-157 (Adopting MND / MMRP and Approving General Plan Amendment 21-02) – Exhibit A
Attachment 3 Resolution No. 2022-157 (Adopting MND / MMRP and Approving General Plan Amendment 21-02) – Exhibit B
Attachment 4 Ordinance No. MC-1588 (Approving Development Code Amendment [Zoning Map Amendment] 21-07)
Attachment 5 Ordinance No. MC-1588 (Approving Development Code Amendment [Zoning Map Amendment] 21-07) – Exhibit A
Attachment 6 Resolution No. 2022-158 (Approving Subdivision 21-13 [Tentative Parcel Map 20495] and Development Permit Type-P 21-07)
Attachment 7 Resolution No. 2022-158 (Approving Subdivision 21-13 [Tentative Parcel Map 20495] and Development Permit Type-P 21-07) – Exhibit A
Attachment 8 Resolution No. 2022-158 (Approving Subdivision 21-13 [Tentative Parcel Map 20495] and Development Permit Type-P 21-07) – Exhibit B
Attachment 9 Final Initial Study/Mitigated Negative Declaration, dated June 8, 2022
Attachment 10 Planning Commission Resolution No. 2022-032 Attachment 11 Powerpoint
Attachment 12 Newspaper Publication
Ward Fourth Ward
Synopsis of Previous Council Actions
Click or tap here to enter text.

None
Packet Pg. 716
Resolution No. 2022-157
Resolution No. 2022-157
July 20, 2022

Page 1 of 6 ends

RESOLUTION NO. 2022-157

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ADOPTING THE MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING AND

REPORTING PROGRAM, AND APPROVING GENERAL
PLAN AMENDMENT 21-02 CHANGING THE GENERAL
PLAN LAND USE DESIGNATION OF FIVE (5) PARCELS
(APN(S): 0285-211-05, 21, 22, 23, AND 25) CONTAINING A
TOTAL OF APPROXIMATELY 14.70 ACRES FROM
COMMERCIAL TO MULTIPLE-FAMILY RESIDENTIAL.

Page 2 of 6 ends

WHEREAS, on June 14, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2022-032 recommending the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the approval of General Plan Amendment 21- 02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 to the Mayor and City Council; and
WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on July 9, 2022, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the Mayor and City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.50 (General Plan Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on General Plan Amendment 21-02.

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:

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

SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment.

SECTION 3. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Based upon the findings made herein and their independent judgment and analysis, the Mayor and City Council hereby adopt the Mitigated Negative Declaration for the Project, and the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit A. The Mayor and City Council hereby impose each mitigation measure as a condition of approval of the Project, in accordance with CEQA and the State CEQA Guidelines.

SECTION 4. Findings of Fact – General Plan Amendment 21-02:

Finding No. 1: The proposed amendment is internally consistent with the General Plan.

Packet Pg. 718
Resolution No. 2022-157
Resolution No. 2022-157
July 20, 2022

Page 3 of 6 ends

Finding of Fact: The proposed amendment will change the General Plan Land Use Designation from Commercial to Multiple-Family Residential for the entirety project site containing approximately 14.70 acres. The MultipleFamily Residential General Plan Land Use Designation is intended to provide for the residential uses to meet the housing demand of current and future residents. The proposed amendment will allow for the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences, which is consistent with the existing single-family residential developments within the project area. Therefore, the proposed project is consistent with the following General Plan goals and policies:

General Plan Land Use Element Policy 2.2.1: Ensure
compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element.

General Plan Land Use Element Goal 2.4: Enhance the
quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development.

General Plan Community Design Element Goal 5.4: Ensure
individual projects are well designed and maintained.

Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to change the General Plan Land Use Designation of the entirety of the project site from Commercial to Multiple-Family Residential will facilitate the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached singlefamily residences consistent with the existing surrounding single-family residential developments. The project site is generally flat, with access from N. Palm Avenue and N. Orange Street, fully served by utility providers, and will not result in the need for the excessive provision of services.

Additionally, any potential impacts created by the proposed amendment have been addressed in the Draft Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program.

Packet Pg. 719
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Resolution No. 2022-157
July 20, 2022

Page 4 of 6 ends

Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City.

Finding of Fact: The proposed amendment would result in the entirety of the project site having the Multiple-Family Residential General Plan Land Use Designation, which will allow for the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences. The subject property is located abutting an existing single-family residential neighborhood. Therefore, the proposed change from Commercial to Multiple-Family Residential for the project site would allow the proposed project nearby existing residential uses, thereby providing for an appropriate balance of land uses within the City.

Finding No. 4: The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development.

Finding of Fact: The project site is currently comprised of five (5) parcels that is proposed to be subdivided into one hundred thirty-three (133) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Development. The project site is generally flat, with access from N. Palm Avenue and N. Orange Street. Utilities are provided to the site by the East Valley Water District. There are no physical constraints on the site, such as steep slopes or watercourses.

SECTION 5. General Plan Amendment 21-02 to change the General Plan Land Use District from Commercial to Multiple-Family Residential of five (5) parcels (APN(S): 0285-211- 05, 21, 22, 23 and 25), attached hereto and incorporated herein by reference as Exhibit B, is hereby approved.

SECTION 6. The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings.

SECTION 7. Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the Board of Supervisors of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.

SECTION 8. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Packet Pg. 720
Resolution No. 2022-157
Resolution No. 2022-157
July 20, 2022

Page 5 of 6 ends

Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

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 20th day of July, 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. 2022-157
July 20, 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. 2022-157, adopted at a regular meeting held at 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
Packet Pg. 722

MITIGATION MONITORING & REPORTING PROGRAM
Highland Avenue and Palm Avenue
Planned Residential Development
General Plan Amendment (GPA) 21-02
Development Code Amendment/Zoning Map Amendment (DCA/ZMA) 21-07 Subdivision (SUB) 21-13 (Tentative Tract Map No.20495)
Development Permit Type-P (DP-P) 21-07
City of San Bernardino
201 North E Street, 3
rd Floor
San Bernardino CA 92501
Travis Martin, Associate Planner
(909) 384-5313
June 8, 2022
Packet Pg. 723
1 MITIGATION MEASURE (MM) RESPONSIBILITY

FOR IMPLEMENTATION

TIME FRAME/MILESTONE VERIFIED
BY:

BIOLOGICAL RESOURCES
BIO-1. Pre-Construction Burrowing Owl Survey / Burrowing Owl Protection. A qualified biologist shall conduct a pre-construction presence/absence survey for burrowing owls within seven days before the commencement of ground-disturbing activities. If active burrowing owl burrows are detected during the breeding season, all work within an appropriate buffer (typically a minimum of 300 feet) of any active burrow will be halted. If there is an active nest at the burrow, work will not proceed within the buffer until that nesting effort is finished. The onsite biologist will review and verify compliance with these boundaries and will ascertain the nesting effort has been completed. Work can resume in the buffer when no occupied/active burrowing owl burrows are found within the buffer area. If active burrowing owl burrows are detected outside the breeding season or during the breeding season and its determined nesting activities have not begun (or are complete), then passive and active relocation may be approved following consultation with the City of San Bernardino and California Department of Fish and Wildlife. The installation of one-way doors may be installed as part of a passive relocation program.

Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and back filled to ensure that animals do not re-enter the holes/dens. Upon completing the survey and any follow-up construction avoidance management, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping.

Planning Department Prior to the issuance of a
grading permit
BIO-2. Pre-Construction Nesting Bird Survey. If project activities cannot avoid the nesting season, generally regarded as February 1 – September 30, then preconstruction nesting bird surveys must be conducted no greater than a minimum of 24 hours or a maximum of 7 days prior to vegetation removal by a qualified biologist to locate and avoid nesting birds. If an active avian nest is located, a CDFW-approved no-construction buffer shall be established and/or monitored by the qualified biologist at their discretion.

Planning Department Prior to the issuance of a
grading permit

CULTURAL RESOURCES
CR-1. Cultural Resources Discovery. If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall be Planning Department During ground disturbance
activities
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2 MITIGATION MEASURE (MM) RESPONSIBILITY

FOR IMPLEMENTATION

TIME FRAME/MILESTONE VERIFIED
BY:
hired to assess the discovery. Work on the other portions of the project outside the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the discovery, to provide Tribal input with regards to significance and treatment.

CR-2. Monitoring and Treatment Plan. If significant pre-contact cultural resources, as defined by CEQA, are discovered, and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.

Planning Department During ground disturbance
activities

GEOLOGY AND SOILS (PALENTOLOGICAL RESOURCES)
GEO-1: Paleontological Monitoring. The Project Proponent shall retain a qualified paleontologist (the “Project Paleontologist”) prior to the issuance of a grading permit.

The Project Paleontologist will be on-call to monitor ground-disturbing activities and excavations ground-disturbing activities if excavation depth exceeds approximately 5- 10 feet below surface grade on the Project site. If paleontological resources are encountered during the project's implementation, ground-disturbing activities will be temporarily redirected from the vicinity of the find. The Project Paleontologist will be allowed to temporarily divert or redirect grading or excavation activities in the vicinity to make an evaluation of the discovery. If the resource is significant, Mitigation Measure GEO-2 shall apply.

City Inspectors Prior to the issuance of a
grading permit
GEO-2: Paleontological Treatment Plan. If a significant paleontological resource(s) is discovered on the property, in consultation with the Project Proponent and the City, the qualified paleontologist shall develop a plan of mitigation which shall include salvage excavation and removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the discovery, curation in the find a qualified local repository, and preparation of a report summarizing the find.

City Inspectors During ground disturbance
activities

TRIBAL CULTURAL RESOURCES
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3 MITIGATION MEASURE (MM) RESPONSIBILITY

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BY:

TCR-1 -Tribal Monitoring. Due to the heightened cultural sensitivity of the proposed project area, Tribal monitors representing the San Manuel Band of Mission Indians shall be present for all ground-disturbing activities that occur within the native soil of the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work). A sufficient number of Tribal monitors shall be present each workday to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage. A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural Resources” and “Tribal Cultural Resources”) shall be completed by the archaeologist, as detailed within CUL-1, and submitted to the Lead Agency for dissemination to the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI). Once all parties review and agree to the plan, it shall be adopted by the Lead Agency – the plan must be adopted prior to permitting for the project. Any and all findings will be subject to the protocol detailed within the Monitoring and Treatment Plan.

Planning Department Prior to the issuance of a
grading permit
TCR-2- Treatment of Cultural Resources. If a pre-contact cultural resource is discovered during archaeological presence/absence testing, the discovery shall be properly recorded and then reburied in situ. A research design shall be developed by the archaeologist that shall include a plan to evaluate the resource for significance under CEQA criteria. Representatives from the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI), the archaeologist/applicant, and the Lead Agency shall confer regarding the research design, as well as any testing efforts needed to delineate the resource boundary. Following the completion of evaluation efforts, all parties shall confer regarding the archaeological significance of the resource, its potential as a Tribal Cultural Resource (TCR), avoidance (or other appropriate treatment) of the discovered resource, and the potential need for construction monitoring during project implementation. Should any significant resource and/or TCR not be a candidate for avoidance or preservation in place, and the removal of the resource(s) is necessary to mitigate impacts, the research design shall include a comprehensive discussion of sampling strategies, resource processing, analysis, and reporting protocols/obligations. Removal of any cultural resource(s) shall be conducted with the presence of a Tribal monitor representing the Tribe, unless otherwise decided by SMBMI. All plans for analysis shall be reviewed and approved by the applicant and SMBMI prior to implementation, and all removed material shall City Inspectors During ground disturbance
activities
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be temporarily curated on-site. It is the preference of SMBMI that removed cultural material be reburied as close to the original find location as possible. However, should reburial within/near the original find location during project implementation not be feasible, then a reburial location for future reburial shall be decided upon by SMBMI, the landowner, and the Lead Agency, and all finds shall be reburied within this location. Additionally, in this case, reburial shall not occur until all ground-disturbing activities associated with the project have been completed, all monitoring has ceased, all cataloguing and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and SMBMI. All reburials are subject to a reburial agreement that shall be developed between the landowner and SMBMI outlining the determined reburial process/location and shall include measures and provisions to protect the reburial area from any future impacts (vis a vis project plans, conservation/preservation easements, etc.).

Should it occur that avoidance, preservation in place, and on-site reburial are not an option for treatment, the landowner shall relinquish all ownership and rights to this material and confer with SMBMI to identify an American Association of Museums (AAM)-accredited facility within the County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines. A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility.

This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees.

All draft records/reports containing the significance and treatment findings and data recovery results shall be prepared by the archaeologist and submitted to the Lead Agency and SMBMI for their review and comment. After approval from all parties, the final reports and site/isolate records are to be submitted to the local CHRIS Information Center, the Lead Agency, and SMBMI.

TCR-3 – Inadvertent Discoveries of Human Remains/Funerary Objects. In the event that any human remains are discovered within the project area, ground disturbing activities shall be suspended 100 feet around the resource(s) and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. The on-site lead/foreman shall then immediately who shall notify SMBMI, the Planning Department During ground disturbance
activities
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TIME FRAME/MILESTONE VERIFIED
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applicant/developer, and the Lead Agency. The Lead Agency and the applicant/developer shall then immediately contact the County Coroner regarding the discovery. If the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, the Coroner shall ensure that notification is provided to the NAHC within twenty-four (24) hours of the determination, as required by California Health and Safety Code § 7050.5 ®. The NAHC-identified Most Likely Descendant (MLD), shall be allowed, under California Public Resources Code § 5097.98 (a), to (1) inspect the site of the discovery and (2) make determinations as to how the human remains and funerary objects shall be treated and disposed of with appropriate dignity. The MLD, Lead Agency, and landowner agree to discuss in good faith what constitutes “appropriate dignity” as that term is used in the applicable statutes. The MLD shall complete its inspection and make recommendations within forty-eight (48) hours of the site visit, as required by California Public Resources Code §5097.98.

Reburial of human remains and/or funerary objects (those artifacts associated with any human remains or funerary rites) shall be accomplished in compliance with the California Public Resources Code §5097.98 (a) and (b). The MLD in consultation with the landowner, shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains and funerary objects. All parties are aware that the MLD may wish to rebury the human remains and associated funerary objects on or near the site of their discovery, in an area that shall not be subject to future subsurface disturbances. The applicant/developer/landowner should accommodate on-site reburial in a location mutually agreed upon by the Parties.

It is understood by all Parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The coroner, parties, and Lead Agencies will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code §6254.

Packet Pg. 728

PROJECT SITE
PROJECT: GPA 21-02

CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM
COMMERCIAL TO MULTIPLE-FAMILY RESIDENTIAL OF FIVE (5)
PARCELS (APN(S): 0285-211-05, 21, 22, 23, AND 25)
CONTAINING A TOTAL OF APPROXIMATELY 14.70 ACRES
NORTH
EXHIBIT B – GENERAL PLAN AMENDMENT
Packet Pg. 729
Ordinance No. MC-1588
1 ORDINANCE NO. MC-1588

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING DEVELOPMENT CODE AMENDMENT
(ZONING MAP AMENDMENT) 21-07 CHANGING THE
ZONING DISTRICT CLASSIFICATION OF FIVE (5)
PARCELS (APNS: 0285-211-05, 21, 22, 23 AND 25)
CONTAINING A TOTAL OF APPROXIMATELY 14.70
ACRES FROM COMMERCIAL GENERAL (CG-1) TO

RESIDENTIAL MEDIUM (RM), PURSUANT TO A
MITIGATED NEGATIVE DECLARATION.

WHEREAS, together, General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 constitute the Warmington Residential – Palm Avenue Project ("Project"); and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 21-07 is a request to allow the change of the Zoning District Classification from Commercial General (CG1) to Residential Medium (RM) of five (5) parcels containing a total of approximately 14.70 acres; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, on June 14, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2022-032 recommending the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the approval of General Plan Amendment 21- 02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 to the Mayor and City Council; and
WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on July 9, 2022, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and Packet Pg. 730
Ordinance No. MC-1588
2 WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the Mayor and City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment (Zoning Map Amendment) 21-07; and

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

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

SECTION 2. Compliance with the California Environmental Quality Act. The City Council having independently reviewed and analyzed the record before it, including the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment.

SECTION 3. Finding of Facts – Development Code Amendment (Zoning Map Amendment) 21-07
Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: The proposed amendment will change the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) for the entirety of the project site containing approximately 14.70 acres. The Residential Medium (RM) Zoning District Classification is intended to provide for residential development with a maximum of twelve (12) residences per acre. The proposed amendment will allow for the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences, which provide a density of nine (9) residences, per acre and is consistent with the surrounding single-family residential developments within the project area.

Therefore, the proposed project is consistent with the following General Plan goals and policies:

Packet Pg. 731
Ordinance No. MC-1588
3 General Plan Land Use Element Goal 2.4: Enhance the
quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development.

General Plan Community Design Element Goal 5.4: Ensure
individual projects are well designed and maintained.

Therefore, the proposed amendment is consistent with the General Plan.

Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to change the Zoning District Classification of the entirety of the project site from Commercial General (CG-1) to Residential Medium (RM) will facilitate the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached singlefamily residences which is consistent with the surrounding single-family residential developments. The project site is generally flat, with access from N. Palm Avenue and N. Orange Street, fully served by utility providers, and will not result in the need for the excessive provision of services.

Additionally, any potential impacts created by the proposed amendment have been addressed in the Final Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program.

Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City.

Finding of Fact: The proposed amendment would result in the entirety of the project site having the Residential Medium (RM) Zoning District Classification to allow for the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached singlefamily residences. The subject property is located adjacent to an existing single-family residential neighborhood. Therefore, the proposed change from Commercial General (CG-1) to Residential Medium (RM) for the project site would allow the proposed project nearby existing residential uses, thereby providing for an appropriate balance of land uses within the City.

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4 Finding No. 4: The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development.

Finding of Fact: The project site is currently comprised of five (5) parcel that is proposed to be subdivided into one hundred thirty-three (133) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Development. The project site is generally flat, with access from N. Palm Avenue and N. Orange Street. There are no physical constraints on the site, such as steep slopes or watercourses.

SECTION 4. Development Code Amendment (Zoning Map Amendment) 21-07 to change the Zoning District Classification of five (5) parcels (APNS: 0285-211-05, 21, 22, 23 and 25) from Commercial General (CG-1) to Residential Medium (RM), attached hereto and incorporated herein by reference as Exhibit A, is hereby approved.

SECTION 5. Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.

SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.

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Ordinance No. MC-1588
5 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Ordinance No. MC-1588
6 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-____, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at 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
Packet Pg. 735

PROJECT SITE
PROJECT: DCA (ZMA) 19-08

CHANGE THE ZONING DISTRICT CLASSIFICATION FROM
COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL MEDIUM (RM)
OF FIVE (5) PARCELS (APN(S): 0285-211-05, 21, 22, 23, AND 25) CONTAINING A TOTAL OF APPROXIMATELY 14.70 ACRES
NORTH
EXHIBIT A – DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) Packet Pg. 736
Resolution No. 2022-158
Resolution No. 2022-158
July 20, 2022

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RESOLUTION NO. 2022-158

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING SUBDIVISION 21-13 (TENTATIVE TRACT
MAP 20495) ALLOWING THE SUBDIVISION OF FIVE (5)
PARCELS (APNS: 0285-211-05, 21, 22, 23 AND 25)
CONTAINING A TOTAL OF APPROXIMATELY 14.70
ACRES INTO ONE HUNDRED THIRTY-THREE (133)
SINGLE-FAMILY RESIDENTIAL LOTS AND NINE (9)

LETTERED LOTS FOR COMMON FACILITY

IMPROVEMENTS, AND DEVELOPMENT PERMIT
TYPE-D 21-07 ALLOWING THE DEVELOPMENT AND

ESTABLISHMENT OF A PLANNED UNIT

DEVELOPMENT COMPRISED OF ONE HUNDRED
THIRTY-THREE (133) DETACHED SINGLE-FAMILY

RESIDENCES LOCATED ON THE NORTHWEST
CORNER OF E. HIGHLAND AVENUE AND N. PALM

AVENUE, PURSUANT TO A MITIGATED NEGATIVE

DECLARATION
WHEREAS, on October 26, 2021, pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), Chapter 19.66 (Subdivision Maps), and Chapter 19.44 (Development Permits) an application for General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 was duly submitted by:

Property Owner: Various
Applicant: Warmington Residential California
3090 Pullman Street
Costa Mesa, CA 92626
Property Address: Northwest corner of E. Highland Avenue and N. Palm Avenue.

APNS: 0285-211-05, 21, 22, 23 and 25
Lot Area: 14.70 acres
WHEREAS, together, General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 constitute the Warmington Residential – Palm Avenue Project ("Project"); and
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WHEREAS, Subdivision 21-13 (Tentative Parcel Map 20495) is a request to allow the subdivision of the property into one hundred thirty-three (133) single-family residential lots and nine (9) lettered lots for common facility improvements; and WHEREAS, Development Permit Type-P 21-07 is a request to allow the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences; and
WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has reviewed General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 for compliance with the California Government Code, compliance with the California Subdivision Map Act, consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, on June 14, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2022-032 recommending the adoption of the Mitigated Negative Declaration, and the approval of General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 to the Mayor and City Council; and
WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on July 9, 2022, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the City Council, has produced substantial Packet Pg. 738
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new information requiring substantial revisions that trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals), Chapter 19.66 (Subdivisions), and 19.44 (Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Subdivision 21-13 (Tentative Parcel Map 20494), and Development Permit Type-P 21-07.

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:

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

SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment.

SECTION 3. Findings of Fact – Subdivision 21-13 (Tentative Parcel Map 20495).

Finding No. 1: The proposed map is consistent with the General Plan.

Finding of Fact: The proposed subdivision (Tentative Tract Map 20495) would subdivide the subject project site into one hundred thirty-three (133) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Development containing approximately 14.70 acres.

Additionally, the subdivision is consistent with General Plan goals and Policies and the relevant provisions of the Development Code.

Finding No. 2: The design and improvements of the proposed subdivision is consistent with the General Plan.

Finding of Fact: The proposed Tentative Tract Map will allow the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences which is compatible with the surrounding residential developments. Additionally, the proposed Tentative Tract Map will connect to existing water and sewer services, roads, storm drains, and private utilities. Therefore, the proposed subdivision is consistent with the following General Plan goals and policies:

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General Plan Land Use Goal 2.2: Promote development
that integrates with surrounding land uses.

General Plan Land Use policy 2.7.5: Require that
developments conform to the availability of public
infrastructure to accommodate its demands and mitigate its impacts.

Finding No. 3: The site is physically suitable for the type of development.

Finding of Fact: The proposed subdivision has been designed to meet the requirements of the Residential Medium (RM) zone and to accommodate the proposed Planned Unit Development.

Finding No. 4: The site is physically suitable for the proposed density of development.

Finding of Fact: The proposed subdivision with a density of nine (9) residential dwellings per acre has been designed to meet the density of twelve (12) residential dwellings per acre of the Residential Medium (RM) zone.

Finding No. 5: The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat.

Finding of Fact: In accordance with Public Resources Code, Section 15074, a Mitigated Negative Declaration with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection with the Project, including the proposed subdivision.

Therefore, no significant negative impacts on the environment are anticipated.

Finding No. 6: The design of the subdivision or type of improvements will not cause serious public health problems.

Finding of Fact: The design of the proposed subdivision meets all of the applicable Development Code requirements and will not result in any serious public health problems. The proposed parcels will have access to existing public streets. Existing utilities and public services are available to serve the project site and ensure the maintenance of public health and safety.

Finding No. 7: The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

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Finding of Fact: The design of the subdivision will not conflict with any public or private easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or relocated, as necessary.

SECTION 4. Findings of Fact – Development Permit Type-P 21-07.

Finding No. 1: The proposed development is permitted within the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site development standards and applicable design guidelines.

Finding of Fact: The proposed Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences is a permitted land use within the Residential Medium (RM) zone, subject to the approval of a Development Permit with the appropriate Conditions of Approval and CEQA determination. With the concurrent approval of General Plan Amendment 21-02 and Development Code Amendment (Zoning Map Amendment) 21-07, the proposal under Development Permit Type-P 21- 07 will be developed in compliance with all of the applicable development standards and design guidelines of the Residential Medium (RM) zone.

Therefore, the proposed development would not impair the integrity and character of the subject land use district.

Finding No. 2: The proposed use is consistent with the General Plan.

Finding of Fact: With the concurrent approval of General Plan Amendment 21-02 and Development Code Amendment (Zoning Map Amendment) 21-07, the proposed project is consistent with General Plan goals and policies including the following:
 Land Use Element Policy 2.2.1: Ensure compatibility
between uses and quality design through adherence to the standards and regulations in the Development Code and
policies and guidelines in the Community Design Element.  Housing Element Goal 3.2: Conserve and improve the
existing affordable housing stock and revitalize
deteriorating neighborhoods.
 Housing Element Policy 3.5.4: Encourage and facilitate the construction, maintenance, and preservation of a variety of housing types adequate to meet a range of household
needs.

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Mayor and City CouncilJuly 20, 2022

Mayor and City Council
July 20, 2022