Agenda packet — Mayor and City Council, July 20, 2022 (part 6 of 9)

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following:

Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding were the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects.

Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing.

Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City.

Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences.

Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed singlefamily homes and poorly maintained multifamily complexes.

State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the Packet Pg. 1381
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overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing:

1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having onsite management. The City is anticipating amending the Development Code to incentivize lot Consolidation.

2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law.

3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2.

4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects.

5. The City will update its General Plan.

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Discussion:

To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households.

For FY 2022-2023, the City will continue to fund its Infill Housing Program and its Owner-Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single-family units owned by low and moderate-income households.

Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households.

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AP-85 Other Actions – 91.220(k)
Introduction:

Priority Needs established in the FY 2020-2024 Five-Year Consolidated Plan, which forms the basis for establishing objectives and outcomes in the FY 2022-2023 One-Year Action Plan, are as follows:

High Priority
 Preserve and Rehabilitate Housing
 Expand Homeownership Opportunities
 Provide Homeless and Homeless Prevention Services
Low Priority
 New Affordable Rental Housing
 Improve and Expand existing Community Facilities and Infrastructure to meet current and future needs
 Eliminate identified impediments to fair housing through education, enforcement, and testing  Planning and Administration – CDBG, HOME, ESG
 New Affordable Housing Construction or Rehabilitation  Expand Homeownership opportunities – Infill Housing
 First-Time Homeownership – CHDO 15% set-aside
Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development. It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds.

The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households.

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The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s OwnerOccupied Rehabilitation Loan Program. The City will continue this program using re-programmed funds from the previous year’s allocation.

Actions planned to reduce lead-based paint hazards
To reduce lead-based paint hazards, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner-Occupied Residential Rehabilitation Program will be tested for lead-based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35.

Actions planned to reduce the number of poverty-level families For FY 2022-2023, the City will support:
 An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate-income households  Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families.
 The improvement of streets, along with the Infill Housing that will be taking place. These improvements will have a greater impact in the neighborhoods.  The efforts of HACSB, who provides rental assistance and conventional housing to low-income households.
 The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services.  The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness.  The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current housing or to locate another housing placement.

Actions planned to develop institutional structure
During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e., CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to Packet Pg. 1385
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coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing.

Actions planned to enhance coordination between public and private housing and social service agencies
During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development.

Discussion:

The implementation of the FY 2021-2022 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies.

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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

In the implementation of programs and activities under the 2021-2022 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.00% HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as Packet Pg. 1387
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The City does not anticipate using other forms of investment beyond those identified in Section

92.205.

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2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254:
(a) If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. (b) If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent:
(2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount.
(c) In no event shall City’s recovery exceed the amount of the Net Proceeds.

The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property.

In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.

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3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds. 24 CFR 92.254(a)(4) are as follows:

Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows:

Amount of HOME Subsidy Period of Affordability
Less than $15,000 5 years
$15,000 to $40,000 10 years
More than $40,000 15 years
The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property.

In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single-family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs.

The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new NOFAs and RPS are released.

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Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)

1. Include written standards for providing ESG assistance (may include as attachment) See Attachment under Admin - IDIS (AD-26).

2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system.

The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low-cost health and human service providers.
211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org.

Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness.

3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations).

The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness.

The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their Packet Pg. 1391
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contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered.

Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2021-2022 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval.

4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.

The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City.

The ICH is charged with directing, coordinating, and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations.

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As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6.

To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub-recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG.

5. Describe performance standards for evaluating ESG.

ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities.

ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance.

Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing.

All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained Packet Pg. 1393
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mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons.

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Attachments
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2022-2023
61 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 1397

EXHIBIT B
FISCAL YEAR 2022-2023 DRAFT ACTION PLAN ACTIVITY RECOMMENDATIONS Activity
CDBG Requested ESG HOME
Grant Fund Allocation $ 3,112,512 $ 278,068 $ 1,569,520 Reprogrammed Fund $ - $ 37,512 $ 200,000
Total - 2022 Available Grant Fund $ 3,112,512 $ 315,580 $ 1,769,520 Administration (maximum available) $ 622,502 $ 20,855 $ 156,952 Section 108 Repayment $ 788,803
Fair Housing (IFHMB)1
$ 73,000
CDBG Program Total $ 1,484,305
Public Facilities Projects
Street Improvements2 $ 1,628,207
Public Facilities Projects Total $ 1,628,207 $ - $ -
Housing Programs/Projects
Infill Housing $ 937,000
Affordable Housing Projects $ 675,568
Housing Programs/Projects Total $ - $ - $ 1,612,568
Homeless Assistance
Lutheran Social Services (LSS) $ 70,000
Step Up on Second $ 87,624 $ -
Salvation Army - Hospitality House $ 100,000
Community Action Partnership $ 25,000
Homeless Assistance Program $ 12,101
Homeless Assistance Total
Total Requested $ 3,112,512 $ 315,580 $ 1,769,520
1Required for all jurisdictions receiving CDBG funds.
2Below are the streets to be improved:
10th Street between F street and G street - Ward 1
49th Street between Sepulveda Avenue and End. - Ward 4
Rialto Avenue from Mt. Vernon and Muscott - Ward 3
Draft as of 6/21/22
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City of San Bernardino
Request for Council Action

1. Approving acceptance of Grant Funds from the California Arts Council for the California Theatre; and

2. Approving the submission of the Project Information Package; and

3. Authorizing the City Manager, or Designee, to execute the Grant Agreement and all related documents.

Background
On September 23, 2021, Governor Gavin Newsom approved Senate Bill 170 (SB170), amending the Budget Act of 2021 to provide additional appropriations to cities for designated projects. The funding is administered by the California Arts Council (CAC).

The City is working with CAC to complete the Project Information Package (Attachment 2) submission process, which will ensure funding distribution. Part of the Package is designating the City Manager, or designee, as an agent and authorizing the acceptance of funds.

CAC is a state agency whose mission is providing funding to enhance the arts, culture, and creative expression to help cultivate a better California. As such, funding has been allocated to the City of San Bernardino to renovate the California Theater, which will assist in revitalizing the downtown and surrounding areas.

The California Theatre of the Performing Arts or simply referred to as the California Theatre is a performing arts center in the Historic Downtown area of San Bernardino, California. Originally part of the Fox Theatre chain, it opened in 1928. It still houses its original Wurlitzer Style 216 pipe organ. It was also the site of the last performance by Will Packet Pg. 1399

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Rogers. In the early years of Hollywood, filmmakers would test-screen their movies at the California Theatre. Classic films such as "King Kong" and "The Wizard of Oz" were first seen by audiences at the theatre in the 1930s. The theatre has also hosted the San Bernardino Symphony since 1929.

The theatre has recently hosted the tapings of Showtime's "The Latin Divas of Comedy", and "The Payaso Comedy Slam".

On May 4, 2022, the Mayor and City Council approved an Award of a Progressive Design Build Contract with Tilden-Coil Constructors, Inc. in the amount of $309,031; authorized the Director of Finance to amend the FY2021/22 CIP to include California Theatre Improvements Project (“Project”) in the total amount of $2,500,000 and authorized the City Manager or designee to execute all documents related to the Project.

Discussion
The California Theatre has historically been a critical economic element for downtown San Bernardino, as well as the overall San Bernardino community. Over the years and due to COVID-19 pandemic, the California Theater operations slowed, resulting in a loss of economic activity and a valuable local performing arts landmark. Therefore, in order to facilitate further growth of the economy of downtown San Bernardino and the San Bernardino business community, the City of San Bernardino explored opportunities to secure funding to renovate the California Theatre. Once the renovation work begns, the vision is to hire an experienced performing arts operator to operate the theater.

To move forward in the funding process, the Mayor and City Council must approve the Application for the Grant Funds and adopt a Resolution. The action will allow the City to accept the funds and authorize the City Manager, or designee, to sign related documents and acts as agent, funds will be allocated, and accounts will be established. Once the Project Information Package is approved and the Resolution is adopted, staff will submit all required documents to the CAC. The CAC will then send a draft Grant Agreement which, once approved, will allow the City to accept and begin use of the funding. Staff proposes that all funds be expended on the renovation of the California Theatre. 2021-2025 Key Strategic Targets and Goals
This request aligns with Key Target No. 1d: Improved Operational & Financial Capacity - Create a framework for spending decisions. If approved, the grant funding to renovate the historic California Theatre will improve and preserve the existing facility.

Financial Impact
There is no General Fund impact. The City of San Bernardino will receive $2,500,000 in funding, with no match.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-136:

1. Approving acceptance of Grant Funds from the California Arts Council for the California Theatre; and

2. Approving the submission of the Project Information Package; and Packet Pg. 1400

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3. Authorizing the City Manager, or Designee, to execute the Grant Agreement and all related documents.

Attachments
Attachment 1 Resolution No. 2022-136
Attachment 2 Project Information Package
Ward 1
Synopsis of Previous Council Actions:

December 16, 2020 Mayor and City Council approved an Award of a Progressive Design Build Contract with Tilden-CoilConstructors, Inc. in the amount of $309,031; Authorized the Director of Finance to amend the FY2021/22 CIP to include California Theatre improvements Project (“Project”) in the total project cost amount of $2,500,000, and Authorized the City Manager or designee to execute all documents related to the Project
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Resolution No. 2022-136
Resolution 2022-136

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RESOLUTION NO.2022-136

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ACCEPTING GRANT FUNDS FROM THE CALIFORNIA

ARTS COUNCIL FOR THE CALIFORNIA THEATRE,

APPROVING THE SUBMISSION OF THE PROJECT

INFORMATION PACKAGE, AND AUTHORIZING THE

CITY MANAGER, OR DESIGNEE, TO EXECUTE THE
GRANT AGREEMENT AND ALL RELATED DOCUMENTS.

WHEREAS, the Legislature and Governor of the State of California have approved a grant for the California Theatre Project; and
WHEREAS, the California Arts Council has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and WHEREAS, said procedures established by the California Arts Council, the Grantee to certify by resolution the approval of application(s) before submission of said application(s) to the State; and
WHEREAS, the Grantee will enter into an agreement with the State of California for subject project.

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. Certifies that said agency understands the assurances and certifications in the Project Information Form.

SECTION 3. Certifies that said agency will have sufficient funds to operate and maintain the project(s) or will enter into an agreement with another entity to perform said operation and maintenance.

SECTION 4. Certifies that said agency has reviewed and understand the General Provisions contained in the Project Agreement shown in the Procedural Guide.

SECTION 5. Appoint the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to Project Information Form, Packet Pg. 1403
Resolution No. 2022-136
Resolution 2022-136

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agreements, payment requests and so on, which may be necessary for the completion of the after mentioned project.

SECTION 6. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project.

Additionally, 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. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because renovation of an existing building does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council.

SECTION 7. 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 8. Effective Date. This Resolution shall become effective immediately.

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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Resolution No. 2022-136
Resolution 2022-136

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

Sonia Carvalho, City Attorney
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Resolution No. 2022-136
Resolution 2022-136

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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. 2022-136, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

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

Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
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;
Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Construction Contract Award - 5th Street Senior Center Kitchen Improvements CIP (Ward 1)
Recommendation
Adopt Resolution No. 2022-137 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the award of a construction contract with Preferred General Services, in the amount of $394,974 to provide improvements to the 5th Street Senior Center kitchen; and

2. Authorizing the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to appropriate an additional $217,061 to fund the project; and

3. Authorizing construction, contingencies, and inspection costs in an amount not to exceed $465,000 for the 5th Street Senior Center Kitchen Improvements project; and

4. Authorizing the City Manager or designee to execute all documents for the construction of the 5th Street Senior Center Kitchen Improvements project with Preferred General Services; and

5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Background
The City owns, maintains, and operates 5th Street Senior Center. The facility has been identified as needing kitchen improvements which includes new appliances, equipment, fiberglass reinforced paneling, electrical, T-bar ceiling tiles, painting, and flooring throughout the kitchen to address long deferred maintenance and create a safe environment in the community center. On June 2021, funding in the amount of $250,000 for CIP PR 22-004, Project No. 13472 – 5th Street Senior Center Kitchen Upgrades was established through the adoption of the FY 2021/22 CIP. Packet Pg. 1435 Plans and specifications were prepared with the proposed scope of work at the location to include removal and replacement of the following: existing appliances, fiberglass reinforced paneling, electrical outlets, lighting, T-bar ceiling tiles, flooring and providing new paint. Results of the bid solicitation are included in Discussion below.

The scope of work was modified during the bid process to add appliances upgrade such as the removal and replacement of the walk-in freezer, Scullery system, and waterless food warmer. These systems upgrades are necessary for health and safety reasons and are recommended by staff.

Discussion
Project No.13472 to provide senior center kitchen upgrades was advertised for public bidding on May 2, 2022, and May 4, 2022, in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s websites, and the San Bernardino Area Chamber of Commerce.

Sealed bids were received and opened on May 26, 2022. The City received two bids as follows:

Bidder City Base Bid
Preferred General Services Apple Valley $394,974.00
Epsilon Engineering Moreno Valley $517,471.00
Total bid amount submitted by Preferred General Services was $384,048. Due to a mathematical error in the bid, the corrected total bid amount is $394,974. With the error noted, Preferred General Services remains the lowest responsible and responsive bidder.

The City has reviewed the bid package and confirmed that Preferred General Services. of Apple Valley, California, is the lowest responsible and responsive bidder, with a total bid amount of $394,974, not including contingency, engineering, and inspection costs.

The project currently has $247,939 budgeted and requires an additional $217,061 to fully fund the total construction costs (including contingency, engineering, and inspection costs). If awarded by the Mayor and City Council, construction work is anticipated to begin in August 2022 and be completed by October 2022. 2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving the community center condition and making public facilities environmentally safe.

Financial Impact
This action requires an additional appropriation of $217,061 of Measure S Funds for the project.

The project costs and associated funding are outlined in the table below. The original Packet Pg. 1436 amount appropriated in the Fiscal Year 2021/22 CIP budget for this project was $250,000.

Some funds were expended for the publication of the Notice of Bid document.

Estimated Project Cost
Total Bid Amount $394,974
Construction Contingency $ 40,026
Engineering and Inspections $ 30,000
Total Estimated Project Cost $ 465,000
Senior Center Kitchen Project (Phase 2) available budget $247,939 Additional Fund Appropriation (Measure S) $217,061
Total Project Funding $ 465,000
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-137,

1. Approving the award of a construction contract with preferred general services, in the amount of $394,974 to provide improvements to 5th Street Senior Center kitchen; and

2. Authorizing the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to appropriate an additional $217,061 to fund the project; and

3. Authorizing construction, contingencies, and inspection costs in the total amount of $465,000 for the 5th Street Senior Center kitchen improvements project; and

4. Authorizing the City Manager or designee to execute all documents for the construction of the 5th Street Senior Center kitchen improvements project with preferred general services; and

5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 Resolution No. 2022 – 137
Attachment 2 Exhibit A - Contract Agreement
Attachment 3 Bid Tabulation
Attachment 4 Preferred General Services – Bid Proposal
Attachment 5 Location Map
Ward: First Ward
Synopsis of Previous Council Actions
May 5, 2021 Mayor and City Council adopted Resolution No. 2021-112 approving award of Construction Contract for 5th Street Senior Center Outside Dining Cover.

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Resolution No. 2022-137
Resolution 2022-137
June 20, 2022

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RESOLUTION NO. 2022-137

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE AWARD OF A CONSTRUCTION

CONTRACT WITH PREFERRED GENERAL SERVICES, IN
THE AMOUNT OF $394,974 TO PROVIDE
IMPROVEMENTS TO 5TH STREET SENIOR CENTER
KITCHEN; AND AUTHORIZING THE AGENCY

DIRECTOR OF ADMINISTRATIVE SERVICES TO

RECORD A BUDGET AMENDMENT FROM THE

MEASURE S FUND TO ALLOCATE AN ADDITIONAL
$217,061 TO FUND THE PROJECT; AND AUTHORIZING

CONSTRUCTION, CONTINGENCIES AND INSPECTION
COSTS IN THE TOTAL AMOUNT OF $465,000 FOR THE
5TH STREET SENIOR CENTER KITCHEN
IMPROVEMENTS PROJECT; AND AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO EXECUTE ALL
DOCUMENTS FOR THE CONSTRUCTION OF THE 5TH

STREET SENIOR CENTER KITCHEN IMPROVEMENTS
PROJECT WITH PREFERRED GENERAL SERVICES; AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO

COMPLETE THE PROJECT
WHEREAS, the City is responsible for maintaining 5th Street Community Senior Center located at 600 West 5th Street in the City of San Bernardino; and WHEREAS, on June 16, 2021, the Mayor and City Council adopted Resolution No. 2021- 138 approving the FY 2021/2022 Capital Improvement Plan (CIP), establishing the funding for the design and construction of the 5th Street Senior Center Kitchen Improvements project; and WHEREAS, on May 26, 2022, staff administered a competitive process for Construction of 5th Street Senior Center Kitchen Improvements CIP PR 22-004, Project No.13472 (“Project”) resulting in two construction cost submittals; and
WHEREAS, Preferred General Services, of Apple Valley, California, has been determined to be the lowest responsible and responsive bidder; and WHEREAS, the City now wishes to enter into a Construction Agreement with Preferred General Services of Apple Valley, California, in the amount of $465,000 to complete the Project.

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

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June 20, 2022

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

SECTION 2. The Mayor and City Council hereby authorize the City Manager, or designee, to execute all documents for the construction of 5th Street Senior Center Kitchen Improvements project with Preferred General Services, of Apple Valley, California, for Project No. 13472 on behalf of the City and to expend contingency funds, if necessary, to complete the Project.

SECTION 3. The Mayor and City Council hereby authorize the Director of Finance to appropriate funds in the amount of $465,000 from Measure S Fund to fund the Project.

SECTION 4. The Mayor and City Council hereby authorize the Director of Finance to issue a purchase order in the amount of $394,974 to Preferred General Services, of Apple Valley, California, in support of the Construction Agreement.

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

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

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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June 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. 2022-137, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
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BID TABULATION
FOR
5th Street Community Center Kitchen Improvements
SPECIAL PROVISIONS NO. 13472
ITEM
NO.

BID ITEM DESCRIPTION ESTIMATED

QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL
1 Mobilization 1 LS $ 13,000.00 $ 13,000.00 $ 25,000.00 $ 25,000.00 2 Remove And Dispose of Hazardous Waste Per Project Specifications. 1 LS $ 7,936.00 $ 7,936.00 $ 15,000.00 $ 15,000.00 3 Remove and Dispose of All Existing Tile Floor & Baseboard Molding in Kitchen (Room 104), Locker Room, Restroom, Storage (Rooms 103), Dishwashing Room (Scullery), and Freezer/Refrigerator Room Per Project Plans and Specifications. 1 LS $ 7,296.00 $ 7,296.00 $ 14,950.00 $ 14,950.00
4 Apply Restaurant Grade Anti-Slip Epoxy Flooring & Baseboard Molding to Kitchen (Room 104), Locker Room, Restroom, Storage (Rooms 103), Dishwashing Room (Scullery), and Freezer/Refrigerator Room Per Project Plans and Specifications.
1 LS $ 19,200.00 $ 19,200.00 $ 62,010.00 $ 62,010.00
5 Remove All Kitchen Electrical Outlets and Replace with GFI Electrical Outlets. 25 EA $ 75.00 $ 1,875.00 $ 125.00 $ 3,125.00 6 Deep/Steam Clean All Kitchen Appliances. 1 LS $ 5,120.00 $ 5,120.00 $ 3,500.00 $ 3,500.00 7 Remove and Replace Air Filters on All the Kitchen Appliances. 10 EA $ 40.00 $ 400.00 $ 250.00 $ 2,500.00 8 Remove and Replace Circular Fluorescent Fixture with LED Fixture of Same Size in Bathroom & Locker Room. 6 EA $ 225.00 $ 1,350.00 $ 250.00 $ 1,500.00 9 Prepare, Furbish & Paint Interior Walls in Food Prep. (Room 102), Storage (Room 103), Locker Room and Restroom with Semi-Gloss Paint Per Project Plans and Specifications.
1,500 SF $ 3.00 $ 4,500.00 $ 4.00 $ 6,000.00
10 Remove and Replace All Vent Covers in Kitchen Area. 10 EA $ 737.00 $ 7,370.00 $ 300.00 $ 3,000.00 11 Remove And Dispose 4 Existing Heat Lamps Above Food Warmer Area. Install 4 New 4 Feet LED Tube Light Fixtures and Upgrade Light Switch. 1 LS $ 1,536.00 $ 1,536.00 $ 950.00 $ 950.00 12 Remove and Dispose of Existing Lighting (2 - 4 Feet Florescent Lights) And Replace with LED Light Bulbs Of Same Size. 28 EA $ 160.00 $ 4,480.00 $ 180.00 $ 5,040.00 13 Remove and Dispose of All Existing FRP (Fiberglass Reinforced Paneling). Repair or Replace Drywall With 5/8ths Drywall (Anticipate 100% Drywall Replacement).

Install New Stainless Steel Wall Panels & Trim; Floor to Ceiling in Dishwasher Room (Scullery) Only.
1 LS $ 25,216.00 $ 25,216.00 $ 36,530.00 $ 36,530.00
14 Remove and Dispose of All Existing FRP (Fiberglass Reinforced Paneling). Repair or Replace Drywall With 5/8ths Drywall (Anticipate 75% Drywall Replacement).

Install New FRP Floor to Ceiling (White In Color) in Kitchen Only. 1 LS $ 32,384.00 $ 32,384.00 $ 30,650.00 $ 30,650.00
15 Prepare, Furbish & Paint Ceiling in Food Prep. (Room 102), Storage (Room 103), Locker Room, Kitchen and Restroom with Semi-Gloss Paint Per Project Plans and Specifications.
1000 SF $ 5.00 $ 5,000.00 $ 4.00 $ 4,000.00
16 Remove and Replace T-Bar Ceiling Tiles (2 x 4) in Room 101, 102 And Serving Line in The Kitchen. 800 SF $ 7.80 $ 6,240.00 $ 24.00 $ 19,200.00 17 Remove and Dispose of Existing Walk-In Freezer/Refrigerator and Replace with Similar Size Walk in Freezer/Refrigerator Combo With Remote (Rooftop) Refrigeration Unit(S).
1 LS $ 88,597.00 $ 88,597.00 $ 57,850.00 $ 57,850.00
18 Remove and Dispose of Existing Scullery Room Hobert Dishwashing System to Include, Deep 2 Well Sink With, Stainless Steel Counter, All Faucets Spray Hoses, Garbage Disposal, Stainless Steel Slide Counter and Hobart Dish Washing Equipment.
1 LS $ 5,837.00 $ 5,837.00 $ 7,000.00 $ 7,000.00
19 Replace Scullery Room with A System Complete With Hobert Dishwashing System To Include, Deep 2 Well Sink With, Stainless Steel Counter, All Faucets Spray Hoses, Garbage Disposal, Stainless Steel Slide Counter and Hobart Dish Washing Equipment.
1 LS $ 49,263.00 $ 49,263.00 $ 79,300.00 $ 79,300.00
20 Remove & Dispose Existing Countertop/Sink and Install New Stainless-Steel Countertop/Sink in Room 101 Food Prep. 3 EA $ 5,463.00 $ 16,389.00 $ 9,100.00 $ 27,300.00 21 Remove Cabinets (top and bottom) and sink. Cap plumbing in wall. Repair drywall and Paint walls. Protect flooring in place in Room 102. 1 LS $ 3,328.00 $ 3,328.00 $ 8,000.00 $ 8,000.00 22 Remove & Dispose Existing Restaurant Range and Install New Wolf Challenger XL Gas Restaurant Range (12 Open Burners Stovetop & 2 Ovens) or Equal. 1 LS $ 16,640.00 $ 16,640.00 $ 30,225.00 $ 30,225.00 23 Remove & Dispose Existing Restaurant Hood Vent System and Install New Halifax Type 1 Low Ceiling Sloped Front Commercial Kitchen Hood System or Equal.
1 LS $ 41,484.00 $ 41,484.00 $ 28,340.00 $ 28,340.00
24 Remove & Dispose Existing Waterless Food Warmer With Sectional Manual Controls and Install New 16’ Waterless Food Warmer With Sectional Manual Controls. 1 LS $ 25,413.00 $ 25,413.00 $ 39,000.00 $ 39,000.00 25 Remove & Dispose Existing Ovens and Double Stack Streamer; Pickup, Deliver and Install 4 New Ovens and New Double Stack Streamer in Kitchen Area Per Specifications. 1 LS $ 5,120.00 $ 5,120.00 $ 7,500.00 $ 7,500.00 TOTAL BID SCHEDULE Totals $394,974.00 $517,470.00
BID OPENING: 2:00 P.M., MAY 26, 2022

BID SCHEDULE
5th Street Community Center Kitchen Improvements
Special Provisions NO. 13472

APPARENT LOW
BIDDER
Preferred Genral
Epsilon Engineering
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ATTACHMENT 5
5 TH STREET SENIOR CENTER

LOCATION MAP
600 W 5th Street, San Bernardino, California 92410
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City of San Bernardino
Request for Council Action

CONSENT

CALENDAR
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: Adoption of Ordinance MC-1585 (Ward 4)
Recommendation
Adopt Ordinance MC-1585 of Mayor and City Council of the City of San Bernardino, California, amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 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).

Background
On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for July 17, 2019, for the issue of establishment of the community facilities district.

Discussion
On June 15, 2022, the Mayor and City Council introduced, read by title only, and waived further reading of Ordinance MC-1585. The Ordinance is now being returned to the Mayor and City Council for adoption. The Ordinance will become effective 30 days from the date of adoption.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved 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.

Financial Impact
There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District has been borne by the Property Owner.

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

Conclusion
Adopt Ordinance MC-1585 of Mayor and City Council of the City of San Bernardino, California, amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 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).

Attachments
Attachment 1 Ordinance MC-1585 (Ordinance Levying Special Taxes) Attachment 2 Exhibit A – Description of Services
Attachment 3 Exhibit B – Description of Territory
Attachment 4 Project Location Map
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Ward: 4
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 Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of Ordinance MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

August 7, 2019 Mayor and City Council conducted the final reading of Ordinance MC1522 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. 2022-79, a Resolution of Intention to annex territory into Community Facilities District No. 2019- 1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
June 15, 2022 Mayor and City Council adopted Resolution No. 2022-114 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 19), and adopted Resolution No. 2022-115 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 19); and introduced Ordinance No. MC-1585 amending Ordinance MC-1522.

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Ordinance MC-1585
1 ORDINANCE NO. MC-1585

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

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

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2022-2023 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on June 15, 2022, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on Packet Pg. 1457
Ordinance MC-1585
2 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

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

SECTION 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.

Packet Pg. 1458
Ordinance MC-1585
3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Ordinance MC-1585
4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

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

Genoveva Rocha, CMC, City Clerk
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EXHIBIT A

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

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

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

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

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
and 0261-062-11 thru -14
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC 0261-181-16, -17
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27
(Por.), 0137-052-46, 0274-011-11,
-12, -34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC
0134-054-02 (Por.), -07 (Por.),
-08(Por.), -09 (Por.), -20 (Por.),
-24, -25, -33
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 To Be Determined
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 To Be Determined
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18
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PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 20
   
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City of San Bernardino
Request for Council Action

CONSENT CALENDAR
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Construction Contract Award - Parking Lot Improvements at Perris Hill Park, Paul Villasenor Branch Library & Wildwood Park – (Wards 1, 2 & 4)
Recommendation
Adopt Resolution No. 2022-138 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the award of a construction contract with All American Asphalt, in the amount of $1,672,149 to provide parking lot improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park Project; and

2. Authorizing the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to appropriate an additional $963,000 to fund the project; and

3. Authorizing construction, contingencies, and inspection costs in the total amount of $1,990,000 for the parking lot improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park Project; and

4. Authorizing the City Manager or designee to execute all documents for the construction of the parking lot improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park project with All American Asphalt; and

5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Background
The Public Works Department is responsible for maintaining parking lots at Perris Hill Community Center located at 900 East Highland Avenue, Paul Villasenor Branch Library located at 525 North Mount Vernon Avenue, and Wildwood Park located at 536 East 40th Street. These parking lots are deteriorated and are not in compliance with ADA accessibility requirements. On June 16, 2021, the Mayor and City Council approved Resolution No. 2021-138 adopting the City’s Annual Operating Budget for Fiscal Year 2021/22. The budget included funding for the following Capital Improvement Projects:
 Perris Hill Park (YMCA Parking Lot) $200,000 from the Measure S Fund Packet Pg. 1464

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 Paul Villasenor Branch Library, $300,000 from the Public Use Facilities Fund ($73,000 already used to remove and replace the facility roof)  Wildwood Park, $600,000 from the Measure S Fund
Staff has prepared plans and specifications for the parking lot improvements project at Perris Hill Community Center, Paul Villasenor Branch Library, and Wildwood Park and the 5th Street Senior Center Parking Lot. The 5th Street Senior Center parking lot was not included in the CIP but was added as an alternate bid. The proposed scope of work includes replacing deteriorated asphalt concrete pavement, asphalt concrete overlay, installation of pipe swing gates, ADA ramps, and other items that are required by the Plans and Standard Specifications. At the development of the project, it was determined that Perris Hill Park (YMCA Parking lot) was deteriorated beyond repair and needs complete reconstruction, which was reflected in the bidding process as well as the security costs necessary to secure the parking lot from access after-hours.

Discussion
Project 13488 to provide parking lot improvements was advertised for public bidding on May 16, 2022, and May 18, 2022, in the San Bernardino County Sun Newspaper, F. W.

Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s website, and the San Bernardino Area Chamber of Commerce. Sealed bids were received and opened on June 9, 2022. The City received five bids as follows:

Bidder Bid Amount Location
All American Asphalt $1,672,149 Corona
Hardy & Harbor $1,790,000 Lake Forest
Vance Corporation $1,871,540 Beaumont
Tryco Engineering $1,977,930 Rimforest
Epsilon Engineering $2,479,194 Moreno Valley
The City has reviewed the bid package and confirmed that All American Asphalt, of Corona, California, is the lowest responsible and responsive bidder, with a total bid of $1,672,149.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving travel surfaces and bringing public parks parking lots into ADA compliance.

Financial Impact
The fiscal impact for this project is the additional appropriation of $963,000 from the Measure S Fund.

The project costs and associated funding are outlined in the table below. The total amount budgeted in the Fiscal Year 2021/22 CIP for these projects was $1,027,000.

Estimated Project Cost Total Bid Amount $1,672,149.00
Construction Contingency $ 167,851.00
Engineering and Inspections $ 150,000.00
Total Contract Work $1,990,000.00
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The lowest bid, with project contingency and engineering inspections, reflect a total project cost of $1,990,000.

Public Use Facilities Fund (266) Paul Villasenor Branch Library $ 227,000.00 Measure S Fund (007) Perris Hill (YMCA Parking Lot) $ 200,000.00 Measure S Fund (007) Wildwood Park $ 600,000.00
Budget Amendment Needed from Measure S Fund $ 963,000.00 Total Available Project Funding $1,990,000.00.

Conclusion
Adopt Resolution No. 2022-138 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the award of a construction contract with All American Asphalt, in the amount of $1,672,149 to provide parking lots improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park Project; and

2. Authorizing the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to allocate an additional $963,000 to fund the project; and

3. Authorizing construction, contingencies, and inspection costs in the total amount of $1,990,000 for the parking lots improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park Project; and

4. Authorizing the City Manager or designee to execute all documents for the construction of the parking lots improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park project with All American Asphalt; and

5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 Resolution No. 2022-138
Attachment 2 Resolution No. 2022-138; Exhibit A – Contract Agreement Attachment 3 Bid Tabulation
Attachment 4 All American Asphalt Bid
Attachment 5 Location Map
Ward: First Ward; Second Ward; Fourth Ward; Fifth Ward
Synopsis of Previous Council Actions
June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22.

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Packet Pg. 1467
Resolution No. 2022-138
Resolution 2022-138
June 8, 2022

Page 1 of 4 ends

RESOLUTION NO. 2022-138

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE AWARD OF A CONSTRUCTION

CONTRACT WITH ALL AMERICAN ASPHALT, IN THE
AMOUNT OF $1,672,149 TO PROVIDE IMPROVEMENTS

TO PERRIS HILL PARK, PAUL VILLASENOR BRANCH
LIBRARY, AND WILDWOOD PARK; AUTHORIZING THE

AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES

TO RECORD A BUDGET AMENDMENT FROM THE

MEASURE S FUND TO APPROPRIATE AN ADDITIONAL
$963,000 TO FUND THE PROJECT; AUTHORIZING

CONSTRUCTION, CONTINGENCIES AND INSPECTION
COSTS IN THE TOTAL AMOUNT OF $1,990,000 FOR THE

PARKING LOT IMPROVEMENTS OF PERRIS HILL PARK,

PAUL VILLASENOR BRANCH LIBRARY, AND
WILDWOOD PARK PROJECT; AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE ALL

DOCUMENTS FOR THE CONSTRUCTION OF THE

PARKING LOT IMPROVEMENTS TO PERRIS HILL

PARK, PAUL VILLASENOR BRANCH LIBRARY, AND

WILDWOOD PARK PROJECT WITH ALL AMERICAN
ASPHALT; AND AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXPEND THE CONTINGENCY FUND,

IF NECESSARY, TO COMPLETE THE PROJECT
WHEREAS, the City is responsible for maintaining parking lots at Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park in the City of San Bernardino; and WHEREAS, on June 16, 2021, the Mayor and City Council adopted Resolution No. 2021- 138 approving the FY 2021/2022 Capital Improvement Plan (CIP), establishing the funding for the construction of Perris Hill Park (YMCA Parking Lot), Paul Villasenor Branch Library, and Wildwood Park design Improvements project; and
WHEREAS, on May 10, 2022, staff administered a competitive process for Parking Lot Improvements at Various Locations Project No.13488 (“Project”) resulting in five bids submittals; and
WHEREAS, All American Asphalt of Corona, California, has been determined to be the lowest responsible and responsive bidder; and
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Resolution No. 2022-138
Resolution 2022-138
June 8, 2022

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WHEREAS, the City now wishes to enter into a Construction Agreement with All American Asphalt of Corona, California, in the amount of $1,990,000 to complete the Project.

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

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

SECTION 2. The Mayor and City Council hereby authorize the City Manager, or designee, to execute all documents for the construction of Perris Hill Park (YMCA Parking Lot), Paul Villasenor Branch Library, and Wildwood Park Improvements Project with All American Asphalt, of Corona, California, for Project No. 13488 on behalf of the City and to expend contingency funds, if necessary, to complete the Project.

SECTION 3. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to appropriate funds in the amount of $963,000 from Measure S Fund saving to fund the Project.

SECTION 4. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $1,672,149 to All American Asphalt (not including contingencies or Inspection and testing), of Corona, California, in support of the Construction Agreement.

SECTION 5. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project.

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines.
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves parking lots improvements. Additionally, 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.
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 renovation of parking lots does not present any unusual circumstances; would not damage scenic resources, including any resources Packet Pg. 1469
Resolution No. 2022-138
Resolution 2022-138
June 8, 2022

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in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the City Council.

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2022-138
Resolution 2022-138
June 8, 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. 2022-138, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
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Packet Pg. 1474

BID TABULATION
FOR

PARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONS
SPECIAL PROVISIONS NO. 13488

BID SCHEDULE

PARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONS
Special Provisions NO. 13488
ITEM
NO. BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 TOTAL BID SCHEDULE No. 1: 1 LS $ - 757,144.00 800,000.00 $ - 922,780.00 $ - 821,100.00 $ - 1,077,180.00 $ 2 TOTAL BID SCHEDULE No. 2: 1 LS $ - 322,805.00 320,000.00 $ - 421,780.00 $ - 384,790.00 $ - 397,848.75 $ 3 TOTAL BID SCHEDULE No. 3: 1 LS $ - 592,200.00 670,000.00 $ - 526,760.00 $ - 772,040.00 $ - 1,004,165.50 $ TOTAL BID SCHEDULE Totals
BID OPENING: 2:00 P.M., JUNE 9, 2022
4TH LOW

TRYCO GENERAL

ENGINEERING
$ 1,977,930.00
5TH LOW

EPSILON ENGINEERING
$ 1,790,000.00 1,672,149.00 $ 1,871,320.00 $ $ 2,479,194.25

APPARENT LOW BIDDER

ALL AMERICAN ASHALT
2ND LOW

HARDY & HARPER, INC
3RD LOW

VANCE CORPERATION
   
 Packet Pg. 1475

BID TABULATION
FOR

PARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONS
SPECIAL PROVISIONS NO. 13488
BID SCHEDULE No. 1

PARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONS
Special Provisions NO. 13488
ITEM
NO. BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization 1 LS $ 52,500.00 52,500.00 $ $ 38,500.00 38,500.00 $ $ 35,300.00 35,300.00 $ $ 60,000.00 60,000.00 $ $ 62,400.00 62,400.00 $ 2 Clearing and Grubbing, Unclassified Excavation and Unclassified Fill, and Grading for Native Soil Areas 1 LS $ 8,800.00 8,800.00 $ 45,000.00 $ 45,000.00 $ 50,200.00 $ 50,200.00 $ 28,000.00 $ 28,000.00 $ 19,500.00 $ 19,500.00 $ 3 Traffic Control 1 LS $ 31,000.00 31,000.00 $ 30,000.00 $ 30,000.00 $ 8,600.00 $ 8,600.00 $ 8,000.00 $ 8,000.00 $ 6,500.00 $ 6,500.00 $ 4 Storm Water Pollution and Prevention Plan and NPDES Compliance 1 LS $ 6,400.00 6,400.00 $ 5,000.00 $ 5,000.00 $ 3,500.00 $ 3,500.00 $ 3,800.00 $ 3,800.00 $ 6,500.00 $ 6,500.00 $ 5 Install 4” wide white stripping, Signing, and Markings, completed per plans and specifications; Red or Blue Striping as Required 1 LS $ 5,470.00 5,470.00 $ 15,000.00 $ 15,000.00 $ 8,800.00 $ 8,800.00 $ 12,000.00 $ 12,000.00 $ 9,750.00 $ 9,750.00 $ 6 Crack Routing and Sealing; Preparation for Paving 1 LS $ 6,270.00 6,270.00 $ 5,000.00 $ 5,000.00 $ 6,200.00 $ 6,200.00 $ 10,000.00 $ 10,000.00 $ 62,400.00 $ 62,400.00 $ 7 Cold Mill 2” Uniform Depth – Full Parking Lot Width & Maintenance Path Per Specifications 96,000 SF $ 38,400.00 0.40 $ 0.50 $ 48,000.00 $ 0.77 $ 73,920.00 $ 0.50 $ 48,000.00 $ 1.30 $ 124,800.00 $ 8 3” AC Overlay Per Specifications 1,800 TN $ 212,400.00 118.00 $ 110.00 $ 198,000.00 $ 104.00 $ 187,200.00 $ 148.00 $ 266,400.00 $ 208.00 $ 374,400.00 $ 9 Remove and Replace 5” of Existing Asphalt Concrete Per Specifications. 360 TN $ 80,280.00 223.00 $ 225.00 $ 81,000.00 $ 104.00 $ 37,440.00 $ 190.00 $ 68,400.00 $ 266.50 $ 95,940.00 $ 10 Construct 8” AC Curb per City of San Bernardino Standard 103 100 LF $ 1,900.00 19.00 $ 35.00 $ 3,500.00 $ 37.00 $ 3,700.00 $ 85.00 $ 8,500.00 $ 52.00 $ 5,200.00 $ 11 Construct 12” AC Thickened Edge per City of San Bernardino Detail on Drawing 19 200 LF $ 1,400.00 7.00 $ 75.00 $ 15,000.00 $ 4.00 $ 800.00 $ 148.00 $ 29,600.00 $ 78.00 $ 15,600.00 $ 12 Construct 6” PCC Commercial Driveway per City of San Bernardino Standard 204. 4 EA $ 40,000.00 10,000.00 $ 5,500.00 $ 22,000.00 $ 11,200.00 $ 44,800.00 $ 7,800.00 $ 31,200.00 $ 8,775.00 $ 35,100.00 $ 13 Construct 6” Concrete Slab with 12” Center to Center #3 Rebar Mat 700 SF $ 18,900.00 27.00 $ 27.00 $ 18,900.00 $ 41.00 $ 28,700.00 $ 38.00 $ 26,600.00 $ 11.05 $ 7,735.00 $ 14 Construct Type A PCC Curb per City of San Bernardino Standard 200 300 LF $ 12,600.00 42.00 $ 90.00 $ 27,000.00 $ 142.00 $ 42,600.00 $ 89.00 $ 26,700.00 $ 31.20 $ 9,360.00 $ 15 Construct PCC Sidewalk, Bypass and/or Transition Panel Over Compacted Subgrade per City of San Bernardino Standard 202 700 SF $ 8,400.00 12.00 $ 14.00 $ 9,800.00 $ 19.00 $ 13,300.00 $ 20.00 $ 14,000.00 $ 8.78 $ 6,142.50 $ 16 Construct ADA PCC Curb Access Ramp with 3’ x 4’ Cast-in-Place Truncated Dome Surface, 5’ Min Transition Panels 3 EA $ 15,990.00 5,330.00 $ 8,000.00 $ 24,000.00 $ 10,900.00 $ 32,700.00 $ 4,800.00 $ 14,400.00 $ 3,770.00 $ 11,310.00 $ 17 Add 3’x4’ Federal Yellow Glue Down Truncated Domes 1 EA $ 1,200.00 1,200.00 $ 2,500.00 $ 2,500.00 $ 720.00 $ 720.00 $ 1,100.00 $ 1,100.00 $ 682.50 $ 682.50 $ 18 Construct Non-Typical Two-Way ADA Ramp with Railing 1 EA $ 15,900.00 15,900.00 $ 13,000.00 $ 13,000.00 $ 10,100.00 $ 10,100.00 $ 14,000.00 $ 14,000.00 $ 10,400.00 $ 10,400.00 $ 19 Construct Parkway Culvert per City of San Bernardino Standard 401 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 20 Construct And Install Guard Rail Per Caltrans Specifications 400 LF $ 25,200.00 63.00 $ 60.00 $ 24,000.00 $ 75.00 $ 30,000.00 $ 150.00 $ 60,000.00 $ 127.40 $ 50,960.00 $ 21 Move and Refurbish Existing Maintenance Vehicle Access Pipe Swing Gate; Add Tie- Posts 1 EA $ 13,700.00 13,700.00 $ 13,000.00 $ 13,000.00 $ 10,300.00 $ 10,300.00 $ 5,800.00 $ 5,800.00 $ 6,240.00 $ 6,240.00 $ 22 Remove and Replace Maintenance Vehicle Access Pipe Swing Gate W/ Tie-Posts Per Specifications 1 EA $ 15,500.00 15,500.00 $ 15,000.00 $ 15,000.00 $ 16,400.00 $ 16,400.00 $ 9,800.00 $ 9,800.00 $ 8,840.00 $ 8,840.00 $ 23 Install New Pipe Swing Gate W/ Tie-Posts Per Specifications 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 24 Install Surface Mounted Stainless Steel Bike Racks or Approved Equal Per Specifications 12 EA $ 7,104.00 592.00 $ 1,600.00 $ 19,200.00 $ 900.00 $ 10,800.00 $ 600.00 $ 7,200.00 $ 1,560.00 $ 18,720.00 $ 25 Refurbish Awning at YMCA Entrance 1 EA $ 6,630.00 6,630.00 $ 2,000.00 $ 2,000.00 $ 6,500.00 $ 6,500.00 $ 14,000.00 $ 14,000.00 $ - $ - $ 22 Remove Existing Light Foundation/Standard 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 27 Remove Existing Concrete Wheel Stops 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 28 Remove Existing Tree and Roots and/or Trim 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 29 Construct and Install Asphalt Speed Bump Per Specifications 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 30 Remove and Replace Existing Asphalt Speed Bump 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 31 Construct PCC Ribbon Gutter per City of San Bernardino Standard 201 0 LF $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 32 Construction Project Sign 2 EA $ 3,200.00 1,600.00 $ 2,000.00 $ 4,000.00 $ 2,100.00 $ 4,200.00 $ 1,200.00 $ 2,400.00 $ 1,950.00 $ 3,900.00 $ 33 Repair/Reconstruct Existing “Mow” Curb on Park Pathway. 3,200 LF $ 128,000.00 40.00 $ 38.00 $ 121,600.00 $ 80.00 $ 256,000.00 $ 16.00 $ 51,200.00 $ 39.00 $ 124,800.00 $ SUBTOTAL BID SCHEDULE Totals
4TH LOW

TRYCO GENERAL ENGINEERING
BID SCHEDULE NO. 1 PERRIS HILL YMCA & SENIOR COMMUNITY CENTER 5TH LOW

EPSILON ENGINEERING
$ 800,000.00 757,144.00 $ $ 821,100.00 922,780.00 $ $ 1,077,180.00 3RD LOW

VANCE CORPERATION
BID OPENING: 2:00 P.M., JUNE 9, 2022

APPARENT LOW BIDDER

ALL AMERICAN ASHALT
2ND LOW

HARDY & HARPER, INC
   
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BID TABULATION
FOR

PARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONS
SPECIAL PROVISIONS NO. 13488
BID SCHEDULE No.2

PARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONS
Special Provisions NO. 13488
ITEM
NO. BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization 1 LS $ 27,600.00 27,600.00 $ $ 19,550.00 19,550.00 $ $ 17,600.00 17,600.00 $ $ 40,000.00 40,000.00 $ $ 26,000.00 26,000.00 $ 2 Clearing and Grubbing, Unclassified Excavation and Unclassified Fill, and Grading for Native Soil Areas 1 LS $ 4,200.00 4,200.00 $ 15,000.00 $ 15,000.00 $ 29,500.00 $ 29,500.00 $ 20,000.00 $ 20,000.00 $ 13,000.00 $ 13,000.00 $ 3 Traffic Control 1 LS $ 15,000.00 15,000.00 $ 10,000.00 $ 10,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,500.00 $ 6,500.00 $ 4 Storm Water Pollution and Prevention Plan and NPDES Compliance 1 LS $ 3,000.00 3,000.00 $ 2,000.00 $ 2,000.00 $ 3,500.00 $ 3,500.00 $ 3,800.00 $ 3,800.00 $ 6,500.00 $ 6,500.00 $ 5 Install 4” wide white stripping, Signing, and Markings, completed per plans and specifications; Red or Blue Striping as Required 1 LS $ 5,400.00 5,400.00 $ 5,000.00 $ 5,000.00 $ 5,500.00 $ 5,500.00 $ 12,000.00 $ 12,000.00 $ 6,500.00 $ 6,500.00 $ 6 Crack Routing and Sealing; Preparation for Paving 1 LS $ 2,800.00 2,800.00 $ 3,000.00 $ 3,000.00 $ 3,100.00 $ 3,100.00 $ 10,000.00 $ 10,000.00 $ 23,400.00 $ 23,400.00 $ 7 Cold Mill 2” Uniform Depth – Full Parking Lot Width & Maintenance Path Per Specifications 36,000 SF $ 19,800.00 0.55 $ 0.50 $ 18,000.00 $ 1.35 $ 48,600.00 $ 0.60 $ 21,600.00 $ 1.30 $ 46,800.00 $ 8 3” AC Overlay Per Specifications 720 TN $ 82,080.00 114.00 $ 130.00 $ 93,600.00 $ 167.00 $ 120,240.00 $ 187.00 $ 134,640.00 $ 208.00 $ 149,760.00 $ 9 Remove and Replace 5” of Existing Asphalt Concrete Per Specifications. 60 TN $ 24,900.00 415.00 $ 225.00 $ 13,500.00 $ 620.00 $ 37,200.00 $ 180.00 $ 10,800.00 $ 266.50 $ 15,990.00 $ 10 Construct 8” AC Curb per City of San Bernardino Standard 103 0 LF $ - - $ - $ - $ - $ - $ - $ - $ $ - 11 Construct 12” AC Thickened Edge per City of San Bernardino Detail on Drawing 19 0 LF $ - - $ - $ - $ - $ - $ - $ - $ $ - 12 Construct 6” PCC Commercial Driveway per City of San Bernardino Standard 204. 1 EA $ 10,000.00 10,000.00 $ 5,500.00 $ 5,500.00 $ 10,800.00 $ 10,800.00 $ 7,800.00 $ 7,800.00 $ 8,775.00 $ 8,775.00 $ 13 Construct 6” Concrete Slab with 12” Center to Center #3 Rebar Mat 180 SF $ 4,680.00 26.00 $ 30.00 $ 5,400.00 $ 38.00 $ 6,840.00 $ 40.00 $ 7,200.00 $ 13.00 $ 2,340.00 $ 14 Construct Type A PCC Curb per City of San Bernardino Standard 200 200 LF $ 8,000.00 40.00 $ 90.00 $ 18,000.00 $ 141.00 $ 28,200.00 $ 89.00 $ 17,800.00 $ 31.20 $ 6,240.00 $ 15 Construct PCC Sidewalk, Bypass and/or Transition Panel Over Compacted Subgrade per City of San Bernardino Standard 202 1,450 SF $ 17,400.00 12.00 $ 14.00 $ 20,300.00 $ 19.50 $ 28,275.00 $ 18.00 $ 26,100.00 $ 8.78 $ 12,723.75 $ 16 Construct ADA PCC Curb Access Ramp with 3’ x 4’ Cast-in-Place Truncated Dome Surface, 5’ Min Transition Panels 3 EA $ 15,990.00 5,330.00 $ 8,000.00 $ 24,000.00 $ 11,500.00 $ 34,500.00 $ 4,800.00 $ 14,400.00 $ 4,225.00 $ 12,675.00 $ 17 Add 3’x4’ Federal Yellow Glue Down Truncated Domes 0 EA $ - - $ - $ - $ - $ $ - $ - $ - $ - $ - 18 Construct Non-Typical Two-Way ADA Ramp with Railing 0 EA $ - - $ - $ - $ - $ $ - $ - $ - $ - $ - 19 Construct Parkway Culvert per City of San Bernardino Standard 401 2 EA $ 17,400.00 8,700.00 $ 8,000.00 $ 16,000.00 $ 5,000.00 $ 10,000.00 $ 4,800.00 $ 9,600.00 $ 5,850.00 $ 11,700.00 $ 20 Construct And Install Guard Rail Per Caltrans Specifications 0 LF $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 21 Move and Refurbish Existing Maintenance Vehicle Access Pipe Swing Gate; Add Tie-Posts 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 22 Remove and Replace Maintenance Vehicle Access Pipe Swing Gate W/ Tie-Posts Per Specifications 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 23 Install New Pipe Swing Gate W/ Tie-Posts Per Specifications 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 24 Install Surface Mounted Stainless Steel Bike Racks or Approved Equal Per Specifications 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 25 Refurbish Awning at YMCA Entrance 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 26 Remove Existing Light Foundation/Standard 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 27 Remove Existing Concrete Wheel Stops 15 EA $ 3,255.00 217.00 $ 150.00 $ 2,250.00 $ 155.00 $ 2,325.00 $ 150.00 $ 2,250.00 $ 195.00 $ 2,925.00 $ 28 Remove Existing Tree and Roots and/or Trim 8 EA $ 10,400.00 1,300.00 $ 1,300.00 $ 10,400.00 $ 1,300.00 $ 10,400.00 $ 1,300.00 $ 10,400.00 $ 3,900.00 $ 31,200.00 $ 29 Construct and Install Asphalt Speed Bump Per Specifications 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 30 Remove and Replace Existing Asphalt Speed Bump 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 31 Construct PCC Ribbon Gutter per City of San Bernardino Standard 201 300 LF $ 47,700.00 159.00 $ 115.00 $ 34,500.00 $ 50.00 $ 15,000.00 $ 92.00 $ 27,600.00 $ 36.40 $ 10,920.00 $ 32 Construction Project Sign 2 EA $ 3,200.00 1,600.00 $ 2,000.00 $ 4,000.00 $ 2,100.00 $ 4,200.00 $ 1,400.00 $ 2,800.00 $ 1,950.00 $ 3,900.00 $ 33 Repair/Reconstruct Existing “Mow” Curb on Park Pathway. 0 LF $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ SUBTOTAL BID SCHEDULE Totals
5TH LOW

EPSILON ENGINEERING
$ 397,848.75
BID OPENING: 2:00 P.M., JUNE 9, 2022

APPARENT LOW BIDDER

ALL AMERICAN ASHALT
2ND LOW

HARDY & HARPER, INC
3RD LOW

VANCE CORPERATION
4TH LOW

TRYCO GENERAL ENGINEERING
BID SCHEDULE NO. 2 PAUL VILLASENIOR LIBRARY
$ 320,000.00 322,805.00 $ $ 384,790.00 421,780.00 $
   
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BID TABULATION
FOR

PARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONS
SPECIAL PROVISIONS NO. 13488
BID SCHEDULE No.3

PARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONS
Special Provisions NO. 13488
ITEM
NO. BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization 1 LS $ 36,300.00 36,300.00 $ $ 26,340.00 26,340.00 $ $ 17,600.00 17,600.00 $ $ 40,000.00 40,000.00 $ $ 63,700.00 63,700.00 $ 2 Clearing and Grubbing, Unclassified Excavation and Unclassified Fill, and Grading for Native Soil Areas 1 LS $ 5,660.00 5,660.00 $ 30,000.00 $ 30,000.00 $ 35,600.00 $ 35,600.00 $ 20,000.00 $ 20,000.00 $ 19,500.00 $ 19,500.00 $ 3 Traffic Control 1 LS $ 20,000.00 20,000.00 $ 15,000.00 $ 15,000.00 $ 8,600.00 $ 8,600.00 $ 6,000.00 $ 6,000.00 $ 6,500.00 $ 6,500.00 $ 4 Storm Water Pollution and Prevention Plan and NPDES Compliance 1 LS $ 4,100.00 4,100.00 $ 5,000.00 $ 5,000.00 $ 3,500.00 $ 3,500.00 $ 3,800.00 $ 3,800.00 $ 6,500.00 $ 6,500.00 $ 5 Install 4” wide white stripping, Signing, and Markings, completed per plans and specifications; Red or Blue Striping as Required 1 LS $ 5,470.00 5,470.00 $ 10,000.00 $ 10,000.00 $ 7,700.00 $ 7,700.00 $ 14,000.00 $ 14,000.00 $ 9,750.00 $ 9,750.00 $ 6 Crack Routing and Sealing; Preparation for Paving 1 LS $ 6,270.00 6,270.00 $ 5,000.00 $ 5,000.00 $ 6,200.00 $ 6,200.00 $ 10,000.00 $ 10,000.00 $ 62,400.00 $ 62,400.00 $ 7 Cold Mill 2” Uniform Depth – Full Parking Lot Width & Maintenance Path Per Specifications 96,000 SF $ 33,600.00 0.35 $ 0.50 $ 48,000.00 $ 0.50 $ 48,000.00 $ 0.85 $ 81,600.00 $ 1.30 $ 124,800.00 $ 8 3” AC Overlay Per Specifications 1,800 TN $ 192,600.00 107.00 $ 110.00 $ 198,000.00 $ 67.00 $ 120,600.00 $ 128.00 $ 230,400.00 $ 208.00 $ 374,400.00 $ 9 Remove and Replace 5” of Existing Asphalt Concrete Per Specifications. 180 TN $ 41,940.00 233.00 $ 225.00 $ 40,500.00 $ 210.00 $ 37,800.00 $ 140.00 $ 25,200.00 $ 266.50 $ 47,970.00 $ 10 Construct 8” AC Curb per City of San Bernardino Standard 103 360 LF $ 6,480.00 18.00 $ 35.00 $ 12,600.00 $ 37.00 $ 13,320.00 $ 38.00 $ 13,680.00 $ 52.00 $ 18,720.00 $ 11 Construct 12” AC Thickened Edge per City of San Bernardino Detail on Drawing 19 720 LF $ 5,040.00 7.00 $ 75.00 $ 54,000.00 $ 4.00 $ 2,880.00 $ 128.00 $ 92,160.00 $ 78.00 $ 56,160.00 $ 12 Construct 6” PCC Commercial Driveway per City of San Bernardino Standard 204. 3 EA $ 30,000.00 10,000.00 $ 5,500.00 $ 16,500.00 $ 10,000.00 $ 30,000.00 $ 6,800.00 $ 20,400.00 $ 8,775.00 $ 26,325.00 $ 13 Construct 6” Concrete Slab with 12” Center to Center #3 Rebar Mat 0 SF $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 14 Construct Type A PCC Curb per City of San Bernardino Standard 200 0 LF $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 15 Construct PCC Sidewalk, Bypass and/or Transition Panel Over Compacted Subgrade per City of San Bernardino Standard 202 840 SF $ 10,080.00 12.00 $ 14.00 $ 11,760.00 $ 19.00 $ 15,960.00 $ 20.00 $ 16,800.00 $ 8.78 $ 7,371.00 $ 16 Construct ADA PCC Curb Access Ramp with 3’ x 4’ Cast-in-Place Truncated Dome Surface, 5’ Min Transition Panels 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 17 Add 3’x4’ Federal Yellow Glue Down Truncated Domes 3 EA $ 3,600.00 1,200.00 $ 2,500.00 $ 7,500.00 $ 720.00 $ $ 2,160.00 $ 1,000.00 $ 3,000.00 $ 682.50 $ 2,047.5018 Construct Non-Typical Two-Way ADA Ramp with Railing 0 EA $ - - $ - $ - $ - $ $ - $ - $ - $ - $ - 19 Construct Parkway Culvert per City of San Bernardino Standard 401 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 20 Construct And Install Guard Rail Per Caltrans Specifications 780 LF $ 49,140.00 63.00 $ 60.00 $ 46,800.00 $ 68.00 $ 53,040.00 $ 180.00 $ 140,400.00 $ 127.40 $ 99,372.00 $ 21 Move and Refurbish Existing Maintenance Vehicle Access Pipe Swing Gate; Add Tie-Posts 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 22 Remove and Replace Maintenance Vehicle Access Pipe Swing Gate W/ Tie-Posts Per Specifications 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 23 Install New Pipe Swing Gate W/ Tie-Posts Per Specifications 8 EA $ 120,000.00 15,000.00 $ 14,000.00 $ 112,000.00 $ 11,800.00 $ 94,400.00 $ 6,000.00 $ 48,000.00 $ 5,200.00 $ 41,600.00 $ 24 Install Surface Mounted Stainless Steel Bike Racks or Approved Equal Per Specifications 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 25 Refurbish Awning at YMCA Entrance 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 26 Remove Existing Light Foundation/Standard 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 27 Remove Existing Concrete Wheel Stops 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 28 Remove Existing Tree and Roots and/or Trim 0 EA $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 29 Construct and Install Asphalt Speed Bump Per Specifications 5 EA $ 10,400.00 2,080.00 $ 3,000.00 $ 15,000.00 $ 2,800.00 $ 14,000.00 $ 400.00 $ 2,000.00 $ 4,550.00 $ 22,750.00 $ 30 Remove and Replace Existing Asphalt Speed Bump 4 EA $ 8,320.00 2,080.00 $ 3,000.00 $ 12,000.00 $ 2,800.00 $ 11,200.00 $ 450.00 $ 1,800.00 $ 2,600.00 $ 10,400.00 $ 31 Construct PCC Ribbon Gutter per City of San Bernardino Standard 201 0 LF $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 32 Construction Project Sign 2 EA $ 3,200.00 1,600.00 $ 2,000.00 $ 4,000.00 $ 2,100.00 $ 4,200.00 $ 1,400.00 $ 2,800.00 $ 1,950.00 $ 3,900.00 $ 33 Repair/Reconstruct Existing “Mow” Curb on Park Pathway. 0 LF $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ SUBTOTAL BID SCHEDULE Totals
5TH LOW

EPSILON ENGINEERING
$ 1,004,165.50
BID OPENING: 2:00 P.M., JUNE 9, 2022

APPARENT LOW BIDDER

ALL AMERICAN ASHALT
2ND LOW

HARDY & HARPER, INC
3RD LOW

VANCE CORPERATION
4TH LOW

TRYCO GENERAL ENGINEERING
BID SCHEDULE NO. 3 WILDWOOD PARK
$ 670,000.00 592,200.00 $ 526,760.00 $ 772,040.00 $
   
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Recommendation
Adopt Ordinance MC-1584 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 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).

Discussion
On June 15, 2022, the Mayor and City Council introduced, read by title only, and waived further reading of Ordinance MC-1584. The Ordinance is now being returned to the Mayor and City Council for adoption. The Ordinance will become effective 30 days from the date of adoption.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved 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.

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: Adoption of Ordinance MC-1584 (Ward 1)
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Financial Impact
There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District has been borne by the Property Owner.

Conclusion
Adopt Ordinance MC-1584 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 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).

Attachments
Attachment 1 Ordinance MC-1584 (Ordinance Levying Special Taxes) Attachment 2 Exhibit A – Description of Services
Attachment 3 Exhibit B – Description of Territory
Attachment 4 Project Location Map
Ward: 1
Synopsis of Previous Council Actions:

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

May 4, 2022 Mayor and City Council adopted Resolution No. 2022-83, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Packet Pg. 1514

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Facilities Act of 1982.”
June 15, 2022 Mayor and City Council adopted Resolution No. 2022-112 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 15) and adopted Resolution No. 2022-113 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 15); and introduced Ordinance No. MC-1584 amending Ordinance MC-1522.

Packet Pg. 1515
Ordinance MC-1584
1 ORDINANCE NO. MC-1584

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

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

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2022-2023 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on June 15, 2022, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on Packet Pg. 1516
Ordinance MC-1584
2 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

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

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

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

John Valdivia, Mayor
City of San Bernardino
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Ordinance MC-1584
3 Attest:

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

Sonia Carvalho, City Attorney
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Ordinance MC-1584
4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

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

Genoveva Rocha, CMC, City Clerk
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EXHIBIT A

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

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 16
   
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City of San Bernardino
Request for Council Action

CONSENT CALENDAR
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Rejecting Construction Bids for Citywide Pavement Rehabilitation (Slurry/Crack Seal) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Reject Construction Bids for the Citywide Pavement Rehabilitation (Slurry/Crack Seal)
Background
The Department of Public Works is responsible for maintaining streets Citywide. In March 2020, a Pavement Management Analysis (PMA) was completed which used scientific methods to rate the condition of all public streets in the City. Street segments (intersection to intersection) were rated based on Remaining Service Life (RSL) in years with a rating of 20 representing the condition of a recently completed street. Segments with RSL between 10 and 20 are usually maintained using crack sealing, and slurry sealing. Segments with an RSL of 10 or less are generally in need of major maintenance usually consisting of mill and overlay. Segments with RSL less than 5 require complete removal and replacement.

Based on the City’s Pavement Maintenance Program, it was determined that crack filling and slurry sealing is the most cost-effective maintenance strategy for residential streets. This is an annual slurry sealing project and residential streets will be selected for new slurry sealing projects each year to the extent that funding permits. The purpose of this project is to rehabilitate the streets with an approach that it is economically.

In anticipation of this work, a Citywide Pavement Rehabilitation (Slurry/Crack Seal) project was included in the FY 2021/22 Capital Improvement Plan (CIP) adopted on June 16, 2021, by the Mayor and City Council. The CIP established a Measure I Fund in the amount of $1,000,000 for Citywide Pavement Rehabilitation (Slurry/Crack Seal) to slurry seal street segments within City limits to help preserve asphalt for seven (7) additional years.

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Discussion
Project 13498 for the Citywide Pavement Rehabilitation (Slurry/Crack Seal) was advertised for public bidding on April 22, 2022, and April 27, 2022, in the San Bernardino County Sun Newspaper, Bid America Plan Room, E-Bid Board Plan Room, and City’s website.

Sealed bids were received and opened on May 26, 2022. The City received three bids as follows:

Bidder City Base Bid
All American Asphalt, Inc. Corona $3,285,285.00
Onyx Paving Company, Inc. Anaheim $3,333,000.00
Hardy & Harbor, Inc. Lake Forest $4,672,560.00
The City has reviewed the bid package and confirmed that All American Asphalt of City of Industry, California, is the lowest responsible and responsive bidder, with a total bid amount of $3,285,285.00. The lowest bid is significantly above the Engineer’s overall estimate. Staff recommends that the City rejects all bids submitted for the subject project at this time. Staff will value engineer the project and will release another Notice Inviting Bids.

The Public Contract Code section 20166 states that the legislative body “may reject any bids presented and readvertise.” Staff will reevaluate the project and advertise once consensus is reached on how to improve bid results. 2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No.1: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by maintain the City Infrastructure system.

Financial Impact
There is no fiscal impact with the proposed action. The available funding for this project is $1,000,000 and lowest bid received was $3,285,285. The funding shortfall does not allow for this project to be completed within the approved budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Reject Construction Bids for the Citywide Pavement Rehabilitation (Slurry/Crack Seal).

Attachments
Attachment 1 – Bid Tabulation
Ward: All
Synopsis of Previous Council Actions: None
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BID TABULATION
FOR

CITYWIDE PAVEMENT REHABILITATION
PLAN NO. 13498
BID OPENING: 2:00
P.M., MAY 26, 2022
FILE: ACCT NO. 129-160-5504-7306-0025
Item
No.

BID ITEM

DESCRIPTION
Estimated
Quantity Unit
BID SCHEDULE Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization 1 LS 300,000.00 300,000.00 142,750.00 142,750.00 53,000.00 53,000.00 100,000.00 100,000.002 Traffic Control 1 LS 240,000.00 240,000.00 443,000.00 443,000.00 501,500.00 501,500.00 203,000.00 203,000.003 Clearing and Grubbing 1 LS 10,000.00 10,000.00 555,000.00 555,000.00 222,500.00 222,500.00 100,000.00 100,000.004 Stormwater Pollutin and Prevention Plan and NPDES Compliance 1 LS 11,000.00 11,000.00 27,000.00 27,000.00 16,430.00 16,430.00 15,000.00 15,000.005 Construct PCC Curb and Gutter per City of San Bernardino Standard 200, Type B to match existing; Mill all curb cuts 2,000 LF 62.00 124,000.00 48.00 96,000.00 113.50 227,000.00 65.00 130,000.00 6 Construct 6" PCC Residential Driveway over subgrade per City of San Bernardino Standard 203, Mill all Curb Cuts 40 EA 4,850.00 194,000.00 2,000.00 80,000.00 5,660.00 226,400.00 2,800.00 112,000.007 Construct 6" PCC Commercial Driveway over subgrade per City of San Bernardino Standard 204, Mill all curb cuts 6 EA 11,400.00 68,400.00 5,000.00 30,000.00 12,570.00 75,420.00 7,000.00 42,000.008 Construct PCC Curb Access ADA Ramp with 3'x4' Cast-in-Place Truncated Dome Surface, Min 5' Transition Panels, Curb & Gutter and AC Slot Patch 70 EA 6,180.00 432,600.00 4,500.00 315,000.00 10,560.00 739,200.00 5,300.00 371,000.00 9 Construct PCC Curb Access Ramp over existing culvert with 3'x4' Cast-in-Place Truncated Dome Surface, Min 5' Transition Panels, Curb & Gutter and AC Slot Patch, includes rebuilding and/or replacing deck drain lid 10 EA 7,000.00 70,000.00 7,600.00 76,000.00 18,100.00 181,000.00 7,500.00 75,000.00 10 Construct PCC Sidewalk, bypass and/or transition panel over subgrade compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill all curb cuts 6,500 SF 15.00 97,500.00 7.50 48,750.00 19.00 123,500.00 10.00 65,000.00 11 Construct 8" PCC Spandrel and/or 8" Cross Gutter per Standard 201 and per project plans and specifications 15,000 SF 23.00 345,000.00 13.00 195,000.00 38.00 570,000.00 35.00 525,000.00 12 Striping Signing and Marking, and Imbedded RPM, completed in place per project plans and specifications 1 LS 23,000.00 23,000.00 48,000.00 48,000.00 22,500.00 22,500.00 75,000.00 75,000.00 13 Replace Existing Traffic Signal Loop Detectors, completed in place, per project plans and specifications 12 EA 450.00 5,400.00 500.00 6,000.00 410.00 4,920.00 400.00 4,800.00 14 Local Depression per project plans and specifications 0 EA 0.00 0.00 0.00 0.00 0.00 0.00 2,500.00 0.0015 Demo Concrete Apron Area Behind Cross Gutter in roadway per project plans and specifications 5,500 SF 20.00 110,000.00 8.00 44,000.00 9.50 52,250.00 7.00 38,500.00 16 6" AC over 95% Compacted Native to Uniform depth Area adjacent to Cross Gutter per project plans and specifications 50 SF 302.00 15,100.00 300.00 15,000.00 540.00 27,000.00 10.00 500.00 17 Construct PCC Curb per City of San Bernardino Standard 200, Type A to match existing; Mill all curb cuts 375 LF 51.00 19,125.00 44.00 16,500.00 98.00 36,750.00 50.00 18,750.00 18 Add Glue Down Truncated Domes 2 EA 1,230.00 2,460.00 2,000.00 4,000.00 2,120.00 4,240.00 800.00 1,600.0019 Asphalt Skin Patching repair with 3/8" Angular Roack 850 TN 467.00 396,950.00 300.00 255,000.00 320.00 272,000.00 215.00 182,750.0020 Pathole repair with 1/2" Angular Rock 250 TN 867.00 216,750.00 500.00 125,000.00 433.00 108,250.00 350.00 87,500.0021 Crack Seal repair shall be conformed sec. 13-1.03 of these Special Provisions 60,000 LF 0.60 36,000.00 1.00 60,000.00 0.57 34,200.00 3.00 180,000.0022 Cape Seal and Slurry Seal Type III 900,000 SF 0.52 468,000.00 0.69 621,000.00 1.10 990,000.00 0.65 585,000.0023 R&R Existing Trench failure with Roadway and heaved Asphalt Areas per San Bernardino City Standard 310 10,000 SF 7.50 75,000.00 12.00 120,000.00 14.00 140,000.00 15.00 150,000.0024 Demo Existing Driveways to vacant Lots. Replace with matching curb 5 EA 5,000.00 25,000.00 2,000.00 10,000.00 8,900.00 44,500.00 2,400.00 12,000.00 TOTAL BID Totals $3,333,000.00 $3,074,400.00
4TH LOW
HARDY & HARPER, INC.

LOW BIDDER

ALL AMERICAN ASPHALT
3RD LOW
HARDY & HARPER, INC.
2ND LOW
ONYX PAVING CO., INC.
$3,285,285.00 $4,672,560.00
   
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City of San Bernardino
Request for Council Action

CONSENT CALENDAR
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 24, Tax Zone No. 25 (Highland/Medical Center) (Ward 6) Recommendation
Adopt Resolution No. 2022-139 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 24) and authorizing the levy of a special taxes therein.

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

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

Development projects are subject to conditions of approval that require projects to form/annex into a maintenance district. These districts apply an annual fee or special tax upon properties within the District, which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately Packet Pg. 1526

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following the public hearing.

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

3. Maintenance of Parks; and

4. Graffiti abatement; and

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

The proposed development includes approximately 10.10 gross acres of a vacant residential lot. The property is located south of W. Highland Ave. west of Medical Center Dr. At build out this development will include 95 detached single family residential properties as a new Tax Zone No. 25 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 25), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $191 per unit for FY 2022/23. This tax rate includes a Maximum Special Tax A of $174 per unit per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $17 per unit 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%. Attachment 3 attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD and by the POA.

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

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 Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
 Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for September 7, 2022.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $16,489 from Special Tax A to be used to pay for maintenance costs.

On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special 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
Adopt Resolution No. 2022-139 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 24) and authorizing the levy of a special taxes therein.

Attachments
Attachment 1 Resolution No. 2022-139 Resolution of Intention Attachment 2 Exhibit A - Description of Territory
Attachment 3 Exhibit B - Description of Services
Attachment 4 Exhibit C - Rate and Method of Apportionment Attachment 5 Exhibit D - Boundary Maps
Attachment 6 Exhibit E - Signed Petition & Waiver
Attachment 7 Exhibit F - Notice of Public Hearing
Attachment 8 Exhibit G - Special Election Ballot
Attachment 9 Project Map
Attachment 10 Maintenance Exhibit
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Ward: Sixth 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 “MelloRoos Community Facilities Act of 1982”.

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

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

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RESOLUTION NO. 2022-139

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 24) AND AUTHORIZING

THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose 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; and
WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established;

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

SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.

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

SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map Packet Pg. 1530
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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 24, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

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

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

SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof.

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, September 7, 2022, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

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

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

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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday September 7, 2022 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

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

SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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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. 2022-139, 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. 24 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Owner Name
0143-191-59 PI Properties LLC
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EXHIBIT B

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

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

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

A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the 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. 1539
City of San Bernardino 5
Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

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

TABLE 1

MAXIMUM SPECIAL TAX A RATES

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

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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. 1542
City of San Bernardino 8
Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c.   Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

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

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Pg. 1543
City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

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

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

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

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

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

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

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

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

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

APPENDIX A

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

COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2022‐23. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019‐1.

TAX ZONE 25
TR 20494
Item Description Estimated Cost
1 Lighting $200
2 Streets $1,719
3 Parks $12,220
4 Graffiti $525
5 Reserves $109
6 Admin $1,716
Total $16,489
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 25.

TAX ZONE 25 (CONTINGENT SERVICES)
TR 20494
Item Description Estimated Cost
1 Drainage $528
2 Reserves $79
3 Admin $1,000
Total $1,607
TAX ZONE 25
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Single‐Family Residential RU $174 $17
Multi‐Family Residential RU $174 $17
Non‐Residential Property Acre $2,386 $233
Packet Pg. 1546
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Community Facilities District No. 2019‐1 (Maintenance Services) TAX ZONE 25
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $2,386 $233

Packet Pg. 1547
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Community Facilities District No. 2019‐1 (Maintenance Services)

TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP 17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022‐23 $588 / RU $0 / RU RGC Family Trust 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 24 25 TR 20494 2022‐23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022‐23 $204 / RU $45 / RU Pacific West Company, et al.

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

APPENDIX B

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

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

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

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

APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Pg. 1550
0143-191-59
20TH ST

HIGHLAND AVE

GARDENA ST

MADISON ST
·|}þ210
ANNEXATION MAP NO. 24
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2019-1
^_
TAX ZONE 25
·|}þ18
·|}þ210
§¨¦15
§¨¦215
£¤66
£¤66
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2022-23. - THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________

DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
LEGEND

CITY BOUNDARYPARCEL LINE

XXXX-XXX-XX ASSESSOR PARCEL NUMBER
25 TAX ZONE
25 EXHIBIT D
   
 Packet Pg. 1551
 
  
 Packet Pg. 1552

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.

EXHIBIT E
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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 24)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on July 20, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, September 7, 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 September 7, 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.

DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2022
Packet Pg. 1557

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 24
(September 7, 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
PI Properties, LLC 10.10 11
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

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

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 24, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

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

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 1558
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

PI Properties, LLC
Attn: Rao Yalamanchili
610 n. Santa Anita Ave.

Arcadia, CA 91006
0143-191-59

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 July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 24 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__.

PI Properties, LLC
By. Rao Yalamanchili
President

Signature
Print Name
Title
Packet Pg. 1559
20TH ST
MEDIC
AL CEN
TER
D
R

HIGHLAND AVE
·|}þ210
^_ ·|}þ259
·|}þ18
·|}þ210
£¤ §¨¦215 66
£¤66

MILL ST
16TH ST

SPRUCE ST

S EI RRA WAY

WATERMAN AVE

NINTH ST

CAMPUS WAY
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PEPPER AV
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 24

PROJECT MAP
Packet Pg. 1560
1 2
3 4
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
32 31
30 29
28 27
26 25
24 35
36 37
38 39
40 41
42 43
44 45
57 58
59 60
61 62
63 64
65 66
67 56
55 54
53 52
51 50
49 48
47 46
85 84
83 82
81 80
91 92
93 94
95 90 89 88 87 86
79 78 77 76 75 74 73 72 71 70 69 68
33 34
N.A.P.

APN 0143-191-47
APN 0143-191-33

WEST HIGHLAND AVENUE

CFD MAINTENANCE LEGEND

SIDEWALKSTREET- LINEAR FEETSTREET- AREA TO CENTERLINESTREETLIGHTS ---------------------------------------------------------------1,912 SF ------------------------------------------------447 LF
------------------------------16,418 SF
------------------------------------------------------------2 EA

VICINITY MAP - NTS
0' 40' 80' 120'

PREPARED FOR WARMINGTON RESIDENTIAL
3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224 NORTH NORTH

HIGHLAND & MEDICAL CENTER

CFD MAINTENANCE RESPONSIBILITY PLAN
April 13, 2022

VICINITY MAP

PROJECT

LOCATION
W. HIGHLAND AVE.

PENSYLVANIA ST.

CALIFORNIA ST.

MEDICAL CENTER DR.

WESTERN AVE.

W. 20TH ST.

FLORES ST. W. 19TH ST.
210
215
   
 Packet Pg. 1561
1 2
3 4
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
32 31
30 29
28 27
26 25
24 35
36 37
38 39
40 41
42 43
44 45
57 58
59 60
61 62
63 64
65 66
67 56
55 54
53 52
51 50
49 48
47 46
85 84
83 82
81 80
91 92
93 94
95 90 89 88 87 86
79 78 77 76 75 74 73 72 71 70 69 68
33 34
N.A.P.

APN 0143-191-47
APN 0143-191-33

WEST HIGHLAND AVENUE

COMMON OPEN SPACE

PRIVATE OPEN SPACE (REAR YARDS)

PRIVATE OPEN SPACE (FRONT YARDS & PATIOS)

SIDEWALK

UNDERGROUND RETENTION CHAMBERS

STORM DRAIN PIPESTREETLIGHTS

VISITOR PARKING

HOA MAINTENANCE LEGEND
------------------------------------------34,966 SF
---------------------84,172 SF
----39,527 SF
-------------------------------------------------------------20,807 SF ------------------9,216 SF
----------------------------------------------------470 LF -------------------------------------------------------------7 EA -----------------------------------------------43 SPACES

VICINITY MAP - NTS

MOW CURB

HOA MAINTAINED

MOW CURB

HOA MAINTAINED

MOW CURBMOW CURB

HOA MAINTAINED

MOW CURB

HOA MAINTAINED

MOW CURBMOW CURB

HOA MAINTAINED

MOW CURB

HOA MAINTAINED

MOW CURB

HOA MAINTAINED

MOW CURB
0' 40' 80' 120'

PREPARED FOR WARMINGTON RESIDENTIAL
3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224 NORTH NORTH

HIGHLAND & MEDICAL CENTER

HOA MAINTENANCE RESPONSIBILITY PLAN
April 13, 2022

VICINITY MAP

PROJECT

LOCATION
W. HIGHLAND AVE.

PENSYLVANIA ST.

CALIFORNIA ST.

MEDICAL CENTER DR.

WESTERN AVE.

W. 20TH ST.

FLORES ST. W. 19TH ST.
210
215
   
 Packet Pg. 1562

Page 1 ends

City of San Bernardino
Request for Council Action

CONSENT CALENDAR
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 24, Tax Zone No. 25 (Highland/Medical Center) (Ward 6) Recommendation
Adopt Resolution No. 2022-139 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 24) and authorizing the levy of a special taxes therein.

Page 2 ends

following the public hearing.

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

3. Maintenance of Parks; and

4. Graffiti abatement; and

Packet Pg. 1564

Page 3 ends

Page 4 ends

Packet Pg. 1566
Resolution No. 2022-140
Resolution No. 2022-140

Page 1 of 4 ends

RESOLUTION NO. 2022-140

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 25) AND AUTHORIZING

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

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

Page 2 of 4 ends

entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 25, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof.

Packet Pg. 1568
Resolution No. 2022-140
Resolution No. 2022-140

Page 3 of 4 ends

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 1569
Resolution No. 2022-140
Resolution No. 2022-140

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. 2022-140, adopted at a regular meeting held on the _ __ day of _____ __ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 1570

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. 25 is currently comprised of five (5) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Owner Name
0285-211-05 Pacific West Company, et al.
0285-211-21 Pacific West Company, et al.
0285-211-22 Pacific West Company, et al.
0285-211-23 Pacific West Company, et al.
0285-211-25 Pacific West Company, et al.

Packet Pg. 1571

EXHIBIT B

Packet Pg. 1572

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

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

Packet Pg. 1573
City of San Bernardino 2
Community Facilities District No. 2019‐1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 etseq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.

Packet Pg. 1574
City of San Bernardino 3
Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.
“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi‐Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

Packet Pg. 1575
City of San Bernardino 4
Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

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. 1576
City of San Bernardino 5
Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

TABLE 1

MAXIMUM SPECIAL TAX A RATES

Packet Pg. 1577
City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

TABLE 3

MAXIMUM SPECIAL TAX A RATES

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)
Packet Pg. 1578
City of San Bernardino 7
Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

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

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

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. 1579
City of San Bernardino 8
Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c.   Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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. 1580
City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

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

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

Packet Pg. 1581
City of San Bernardino 10
Community Facilities District No. 2019‐1 (Maintenance Services)

Packet Pg. 1582
City of San Bernardino 11
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX A

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

TAX ZONE 26
TR 20495
Item Description Estimated Cost
1 Lighting $400
2 Streets $5,701
3 Drainage $289
4 Parks $17,160
5 Graffiti $735
6 Reserves $213
7 Admin $2,678
Total $27,176
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 26.

TAX ZONE 26 (CONTINGENT SERVICES)
TR 20495
Item Description Estimated Cost
1 Drainage $4,270
2 Reserves $640
3 Admin $1,000
Total $5,910
TAX ZONE 26
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Single‐Family Residential RU $204 $45
Multi‐Family Residential RU $204 $45
Non‐Residential Property Acre $2,983 $649
Packet Pg. 1583
City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services) TAX ZONE 26
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $2,983 $649

Packet Pg. 1584
City of San Bernardino 13
Community Facilities District No. 2019‐1 (Maintenance Services)

Packet Pg. 1585
City of San Bernardino 14
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX B

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

Packet Pg. 1586
City of San Bernardino 15
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Pg. 1587

PLEASANT HILL DR

ORANGE ST

PALM AVE

HIGHLAND AVE
0285-211-05 0285-211-23
0285-211-22
0285-211-21 0285-211-25
ANNEXATION MAP NO. 25
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2019-1
TAX ZONE 26
^_
§¨¦10
·|}þ210
§¨¦215
£¤66
·|}þ330
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2021-22. -
THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________

DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
LEGEND

ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARY

XXXX-XXX-XX ASSESSOR PARCEL NUMBER (APN)
26 TAX ZONE
26 EXHIBIT D
   
 Packet Pg. 1588
 
  
 Packet Pg. 1589

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

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. 1590
Packet Pg. 1591
Packet Pg. 1592
Packet Pg. 1593
Packet Pg. 1594
Packet Pg. 1595
Packet Pg. 1596
Packet Pg. 1597
Packet Pg. 1598
 
  
 Packet Pg. 1599
LEGEND:
80 SHEET INDEX:

EASEMENTS:

ALLARD ENGINEERING
TENTATIVE TRACT NO. 20495
FEBRUARY 2022
BASIS OF BEARINGS:BENCHMARK:

ENGINEER/SURVEYOR:DEVELOPER/OWNER:ASSESSOR'S PARCEL NO.:

ZONING:

PROJECT AREA:

TOPOGRAPHY:FLOOD ZONE:

INDEX MAP
LEGAL DESCRIPTION:

NOTE:

NOT TO SCALE

VICINITY MAP
RAW EARTHWORK ESTIMATE:

UTILITIES:
(909) 356-1815
Civil Engineering - Land Surveying - Land Planning
Fontana, California 92335

ALLARD ENGINEERING
Fax (909) 356-1795
16866 Seville Avenue
Prepared By:
ea
Reynold R. Allard, R.C.E. 79086 Date
(expires 3/31/2022)
Prepared For:

WARMINGTON RESIDENTIAL
0285-211-05, 21, 22, 23, 24 & 25

PALM AVENUE
PARKING:
   
 Packet Pg. 1600
(909) 356-1815
Civil Engineering - Land Surveying - Land Planning
Fontana, California 92335

ALLARD ENGINEERING
Fax (909) 356-1795
16866 Seville Avenue
Prepared By:
ea
Reynold R. Allard, R.C.E. 79086 Date
(expires 3/31/2022)
Prepared For:

WARMINGTON RESIDENTIAL
0285-211-05, 21, 22, 23, 24 & 25

PALM AVENUE
   
 Packet Pg. 1601
(909) 356-1815
Civil Engineering - Land Surveying - Land Planning
Fontana, California 92335

ALLARD ENGINEERING
Fax (909) 356-1795
16866 Seville Avenue
Prepared By:
ea
Reynold R. Allard, R.C.E. 79086 Date
(expires 3/31/2022)
Prepared For:

WARMINGTON RESIDENTIAL
0285-211-05, 21, 22, 23, 24 & 25

PALM AVENUE
   
 Packet Pg. 1602
APN 0285-211-14
(909) 356-1815
Civil Engineering - Land Surveying - Land Planning
Fontana, California 92335

ALLARD ENGINEERING
Fax (909) 356-1795
16866 Seville Avenue
Prepared By:
ea
Reynold R. Allard, R.C.E. 79086 Date
(expires 3/31/2022)
Prepared For:

WARMINGTON RESIDENTIAL
0285-211-05, 21, 22, 23, 24 & 25

PALM AVENUE
HIGHLAND AVE.

HIGHLAND AVE.

PALM AVENUE
ENTRANCEFROM PALM AVE.

PALM AVENUE
   
 Packet Pg. 1603
(909) 356-1815
Civil Engineering - Land Surveying - Land Planning
Fontana, California 92335

ALLARD ENGINEERING
Fax (909) 356-1795
16866 Seville Avenue
Prepared By:
ea
Reynold R. Allard, R.C.E. 79086 Date
(expires 3/31/2022)
Prepared For:

WARMINGTON RESIDENTIAL
0285-211-05, 21, 22, 23, 24 & 25

PALM AVENUE
   
 Packet Pg. 1604

EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 25)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on July 20, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

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.

DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2022
Packet Pg. 1605

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25
(September 7, 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
Hanhsing Li 3.412 4
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.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 1606
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

Hanhsing Li
Attn: Matthew Esquivel
3090 Pullman Street
Costa Mesa, CA 92626
0285-211-05 and 0285-211-25

CITY OF SAN BERNARDINO

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

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

Hanhsing Li
Owner

Signature
Print Name
Title
Packet Pg. 1607

EXHIBIT G

CITY OF SAN BERNARDINO

Name of Landowner Number of Acres Owned Total Votes
Ann C. Lau 0.853 1
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 1608
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

Ann C. Lau
Attn: Matthew Esquivel
3090 Pullman Street
Costa Mesa, CA 92626
0285-211-05 and 0285-211-25

CITY OF SAN BERNARDINO

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

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

Ann C. Lau
Owner

Signature
Print Name
Title
Packet Pg. 1609

EXHIBIT G

CITY OF SAN BERNARDINO

Name of Landowner Number of Acres Owned Total Votes
Chenmei Cheng 4.265 5
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.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 1610
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

Chenmei Cheng
Attn: Matthew Esquivel
3090 Pullman Street
Costa Mesa, CA 92626
0285-211-05 and 0285-211-25

CITY OF SAN BERNARDINO

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

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

Chenmei Cheng
Owner

Signature
Print Name
Title
Packet Pg. 1611

EXHIBIT G

CITY OF SAN BERNARDINO

Name of Landowner Number of Acres Owned Total Votes
Pacific West Company 6.599 7
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.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 1612
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

Pacific West Company
Attn: Matthew Esquivel
3090 Pullman Street
Costa Mesa, CA 92626
0285-211-21, -22, -23

CITY OF SAN BERNARDINO

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

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

Pacific West Company
Owner

Signature
Print Name
Title
Packet Pg. 1613
O
R
A
N
GE S
T
PALM
AVE

HIGHLAND AVE
^_

ORANGE ST

CITRUS ST

PIEDMONT DR

HIGHLAND AVE

SEINEAVE

PALM AVE

CENTRAL AVE

HEMLOCK DR

PALM CREST DR

PACIFIC ST
·|}þ330
·|}þ210
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 25

PROJECT MAP
Packet Pg. 1614
MH
MH
MH
MH
MH
MH
MH
SLOW
SCHOOL
SIGN
SLOW
SCHOOL

XING XING
AHEA
SIGNAL
AHEAD
3 4
1353.29
1 2 3 12
33 4 5 6 7 8 10
40 9 11 13 14
60 15 16 17 18 19 20 21 22
31 30 29 28 27 26 25
42 41 39 38 37 36 35 34 32
45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 61
43 62
65 66
63 70 69 68
67 107
79 78
77 110
80 82
81 85
84 83
86 115
88 87
92 91
93 90
94 99 98
102
101
100
103
105
104
106
108 111
109
112 113
114 117
116
118
120
119 124
122
123
121
126
125
129
127 128
89 130 131
132
133
24 44
23 64
97 96
95 73
72 71
74 75
76 T R
E. HIGHLAND AVE.

N. PALM AVE.

N. ORANGE ST.

NOT A
PART

NOT A PART

CFD MAINTENANCE LEGEND

SIDEWALK

CATCH BASINS

STORM DRAIN PIPESTREET- LINEAR FEETSTREET- AREA TO CENTERLINESTREETLIGHTS ---------------------------------------------------------------7,007 SF --------------------------------------------------------------1 EA ----------------------------------------------------- 60 LF ---------------------------------------------1,348 LF
----------------------------- 47,636 SF
------------------------------------------------------------ 4 EA

VICINITY MAP - NTS

MOW CURB
HOA

MAINTAINED

CFD MAINTENANCE RESPONSIBILITY PLAN

HIGHLAND & PALM

PREPARED FOR WARMINGTON RESIDENTIAL
3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224 NORTH 0' 40' 80' 120' April 13, 2022    
 Packet Pg. 1615
MH
MH
MH
MH
MH
MH
MH
SLOW
SCHOOL
SIGN
SLOW
SCHOOL

N. PALM AVE.

N. ORANGE ST.

NOT A
PART

NOT A PART

COMMON OPEN SPACE

PRIVATE OPEN SPACE (REAR YARDS)

PRIVATE OPEN SPACE (FRONT YARDS & PATIOS)

SIDEWALK

UNDERGROUND RETENTION CHAMBERS

CATCH BASINS

STORM DRAIN PIPESTREETLIGHTS

VISITOR PARKING

HOA MAINTENANCE LEGEND
------------------------------------------95,103 SF
-------------------112,657 SF
----28,184 SF
-------------------------------------------------------------32,534 SF -----------------13,420 SF
------------------------------------------------------------12 EA -------------------------------------------------1,680 LF ------------------------------------------------------11 EA ------------------------------------------------------ 42 EA

VICINITY MAP - NTS

HOA MAINTAINED

MOW CURB

HOA MAINTAINED

MOW CURB

MOW CURB
HOA

MAINTAINED

MOW CURB

HOA MAINTAINED

MOW CURB

HOA MAINTAINED

HOA MAINTENANCE RESPONSIBILITY PLAN

HIGHLAND & PALM

PREPARED FOR WARMINGTON RESIDENTIAL
3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224 NORTH 0' 40' 80' 120' April 8, 2022    
 Packet Pg. 1616

Page 1 ends

Mayor and City CouncilJuly 20, 2022

Mayor and City Council
July 20, 2022