Agenda packet — Mayor and City Council, August 3, 2022 (part 2 of 3)

FIRST AMENDMENT TO THE

HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) OWNER OCCUPIED

REHABILITATION PROGRAM MASTER AGREEMENT BY AND BETWEEN THE CITY

OF SAN BERNARDINO AND NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC.

This First Amendment ("First Amendment") to the HOME Investment Partnerships Program (HOME) Owner Occupied Rehabilitation Program Master Agreement by and between the City of San Bernardino and Neighborhood Partnership Housing Services, Inc. ("Agreement") is dated July 24, 2020, and is between the City of San Bernardino, a municipal corporation and charter city (“City”) and Neighborhood Partnership Housing Services, Inc., a California 501(c)(3) public benefit corporation (“NPHS”). City and NPHS may be referred to as “Party” or “Parties”.

WHEREAS, City and Subrecipient entered into Agreement on July 24, 2020; and WHEREAS, City Council authorized an amount not to exceed $450,000 in HOME funds to make loans from the City to Eligible Households to perform rehabilitation of their single family residences in accordance with the HOME Regulations and to pay NPHS’s costs of performing the Services, as allowed herein; and
WHEREAS, the Parties now desire to amend the Agreement to extend the term of the Agreement to allow NPHS additional time to expend the funds.

NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. Amendment. Section 5(A) of the Agreement “Term of Agreement’ is hereby amended to read as follows:
"SECTION 5. Term of Agreement
A. The Term of this Agreement shall commence on the Effective Date and will expire six (6) months after the Effective Date, unless earlier terminated as provided in this Agreement. City will have the option to extend the term of this Agreement for one (1) additional six month period term, with the consent of NPHS. The term of this Agreement shall not extend beyond June 30, 2023, except that, notwithstanding any of the foregoing, unless terminated under Section 15 below, this Agreement shall remain in effect at least until completion of the rehabilitation of all of the Eligible Properties to be rehabilitated under this Agreement. Also, notwithstanding the foregoing portion of this Section 5(A), documents recorded pursuant to this Agreement shall remain effective in accordance with their terms.”

2. Effect on Other Provisions. All other provisions of the Agreement, as amended by this Second Amendment and the First Amendment, shall remain in full force and effect. [Signatures on Following Page]
Packet Pg. 261
3 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year first above written.
"CITY"
CITY OF SAN BERNARDINO a municipal
corporation and charter city
Dated: _________________ _________________________________ Robert D. Field
City Manager
"SUBRECIPIENT"
Neighborhood Partnership Housing Services
(NPHS)
Dated:______________ __________________________
Clemente Mojica
President/CEO
Packet Pg. 262
Packet Pg. 263
Packet Pg. 264
Packet Pg. 265
Packet Pg. 266
Packet Pg. 267
Packet Pg. 268
Packet Pg. 269
Packet Pg. 270
Packet Pg. 271
Packet Pg. 272
Packet Pg. 273
Packet Pg. 274
Packet Pg. 275
Packet Pg. 276
Packet Pg. 277
Packet Pg. 278
Packet Pg. 279
Packet Pg. 280
Packet Pg. 281
Packet Pg. 282
Packet Pg. 283
Packet Pg. 284
Packet Pg. 285
Packet Pg. 286
Packet Pg. 287
Packet Pg. 288
Packet Pg. 289
Packet Pg. 290
Packet Pg. 291
Packet Pg. 292
Packet Pg. 293
Packet Pg. 294
Packet Pg. 295
Packet Pg. 296
Packet Pg. 297
Packet Pg. 298
Packet Pg. 299
Packet Pg. 300
Packet Pg. 301
Packet Pg. 302
Packet Pg. 303
Packet Pg. 304
Packet Pg. 305
Packet Pg. 306
Packet Pg. 307
Packet Pg. 308
Packet Pg. 309
Packet Pg. 310
Packet Pg. 311
Packet Pg. 312
Packet Pg. 313
Packet Pg. 314
Packet Pg. 315
Packet Pg. 316
Packet Pg. 317
Packet Pg. 318
Packet Pg. 319
Packet Pg. 320
Packet Pg. 321
Packet Pg. 322
Packet Pg. 323
Packet Pg. 324
Packet Pg. 325
Packet Pg. 326
Packet Pg. 327
Packet Pg. 328
Packet Pg. 329
Packet Pg. 330
Packet Pg. 331
Packet Pg. 332
Packet Pg. 333
Packet Pg. 334
Packet Pg. 335
Packet Pg. 336
Packet Pg. 337
Packet Pg. 338
Packet Pg. 339
Packet Pg. 340
Packet Pg. 341
Packet Pg. 342
Packet Pg. 343
Packet Pg. 344
Packet Pg. 345
Packet Pg. 346
Packet Pg. 347
Packet Pg. 348
Packet Pg. 349
Packet Pg. 350
Packet Pg. 351
Packet Pg. 352
Packet Pg. 353
Packet Pg. 354
Packet Pg. 355
Packet Pg. 356
Packet Pg. 357
Packet Pg. 358
Packet Pg. 359
Packet Pg. 360
Packet Pg. 361
Packet Pg. 362
Packet Pg. 363
Packet Pg. 364
Packet Pg. 365
Packet Pg. 366
Packet Pg. 367
Packet Pg. 368
Packet Pg. 369
Packet Pg. 370
Packet Pg. 371
Packet Pg. 372
Packet Pg. 373
Packet Pg. 374
Packet Pg. 375
Packet Pg. 376
Packet Pg. 377
Packet Pg. 378
Packet Pg. 379
Packet Pg. 380
Packet Pg. 381
Packet Pg. 382
Packet Pg. 383
Packet Pg. 384
Packet Pg. 385
Packet Pg. 386
Packet Pg. 387
Packet Pg. 388
Packet Pg. 389
Packet Pg. 390
Packet Pg. 391
Packet Pg. 392
Packet Pg. 393
Packet Pg. 394
Packet Pg. 395
Packet Pg. 396
Packet Pg. 397
Packet Pg. 398
Packet Pg. 399
Packet Pg. 400
Packet Pg. 401
Packet Pg. 402
Packet Pg. 403
Packet Pg. 404
Packet Pg. 405
Packet Pg. 406
Packet Pg. 407
Packet Pg. 408
Packet Pg. 409
Packet Pg. 410
Packet Pg. 411
Packet Pg. 412
Packet Pg. 413
Packet Pg. 414
Packet Pg. 415
Packet Pg. 416
Packet Pg. 417
Packet Pg. 418
Packet Pg. 419
Packet Pg. 420
Packet Pg. 421

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Nathan R. Freeman, Agency Director of Community, Housing, and Economic Development
Department: Community & Economic Development (CED)
Subject: Final Reading and Adoption of Ordinance MC-1589 - Warmington Homes Medical Center Drive Project
Recommendation
Adopt Ordinance No. MC-1589 approving Development Code Amendment (Zoning Map Amendment) 21-06 changing the Zoning District Classification of one (1) parcel (APN: 0143-191-59) containing approximately 9.9 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration (Attachment 1).

Background
On July 20, 2022, the Mayor and City Council conducted a public hearing on Development Code Amendment (Zoning Map Amendment) 21-06 to change the Zoning District Classification of one (1) parcel (APN: 0143-191-59) containing approximately 9.9 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration. Subsequent to Mayor and City Council discussion, the City Council introduced Ordinance No. MC-1589.

At the July 20, 2022 hearing, the Mayor and City Council made a motion requesting that Warmington Homes incorporate cinder block walls between each home instead of vinyl fencing. The item was agreed to by the developer and has been added to the conditions of approval.

Packet Pg. 422
Discussion
Warmington Homes is requesting to change the Zoning District Classification of the project site to Residential Medium (RM) in order to allow the development of a Planned Unit Development comprising ninety-five (95) detached single-family residences. 2021-2025 Key Strategic Targets and Goals
Development Code Amendment (Zoning Map Amendment) 21-06 aligns with Key Target No. 3: Improved Quality of Life. The ninety-five (95) single-family residences will help the City meet its State-mandated housing requirements, be consistent with the surrounding single-family residential land uses, and provide additional market rate housing to the City’s housing stock.

Fiscal Impact
Development impact fees associated with the project will be approximately $1,786,475. City services will be provided to this project like other single-family residential neighborhoods within the City and surrounding area.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1589 approving Development Code Amendment (Zoning Map Amendment) 21-06 changing the Zoning District Classification of one (1) parcel (APN: 0143-191-59) containing approximately 9.9 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration (Attachment 1).

Attachments
Attachment 1 Ordinance No. MC-1589 (Approving Development Code Amendment [Zoning Map Amendment] 21-06)
Attachment 2 Ordinance No. MC-1589; Exhibit A (Approving Development Code Amendment [Zoning Map Amendment] 21-06) Exhibit A
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

July 20, 2022 Mayor and City Council introduced Ordinance No. MC-1589 (Approving Development Code Amendment [Zoning Map
Amendment] 21-06)
Packet Pg. 423
Ordinance No. MC-1589
1 ORDINANCE NO. MC-1589

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING DEVELOPMENT CODE AMENDMENT
(ZONING MAP AMENDMENT) 21-06 CHANGING THE
ZONING DISTRICT CLASSIFICATION OF ONE (1)
PARCEL (APN: 0143-191-59) CONTAINING
APPROXIMATELY 9.9 ACRES FROM COMMERCIAL
GENERAL (CG-1) TO RESIDENTIAL MEDIUM (RM),

PURSUANT TO A MITIGATED NEGATIVE
DECLARATION.

WHEREAS, together, General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and Development Permit Type-P 21-06 constitute the Warmington Residential – Medical Center Drive Project ("Project"); and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 21-06 is a request to allow the change of the Zoning District Classification from Commercial General (CG1) to Residential Medium (RM) of one (1) parcel containing approximately 9.9 acres; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, on June 14, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2022-031 recommending the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the approval of General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and Development Permit Type-P 21-06 to the Mayor and City Council; and
WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on July 9, 2022, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
Packet Pg. 424
Ordinance No. MC-1589
2 WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the Mayor and City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment (Zoning Map Amendment) 21-06; and

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

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

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

SECTION 3. Finding of Facts – Development Code Amendment (Zoning Map Amendment) 19-08
Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: The proposed amendment will change the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) for the entirety of the project site containing approximately 9.9 acres. The Residential Medium (RM) Zoning District Classification is intended to provide for residential development with a maximum of twelve (12) residences per acre. The proposed amendment will allow for the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single-family residences, which provide a density of ten (10) residences per acre, and is consistent with the surrounding single-family residential developments within the project area. Therefore, the proposed project is consistent with the following General Plan goals and policies:

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

Packet Pg. 425
Ordinance No. MC-1589
3 General Plan Land Use Element Goal 2.4: Enhance the
quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development.

General Plan Community Design Element Goal 5.4:

Ensure individual projects are well designed and
maintained.

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

Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to change the Zoning District Classification of the entirety of the project site from Commercial General (CG-1) to Residential Medium (RM) will facilitate the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single-family residences which is consistent with the surrounding single-family residential developments. The project site is generally flat, with access from W. Highland Avenue, fully served by utility providers, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Final Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program.

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

Finding of Fact: The proposed amendment would result in the entirety of the project site having the Residential Medium (RM) Zoning District Classification to allow for the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single-family residences. The subject property is located adjacent to an existing singlefamily residential neighborhood. Therefore, the proposed change from Commercial General (CG-1) to Residential Medium (RM) for the project site would allow the proposed project nearby existing residential uses, thereby providing for an appropriate balance of land uses within the City.

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

Finding of Fact: The project site is currently comprised of one (1) parcel that is proposed to be subdivided into ninety-five (95) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Packet Pg. 426
Ordinance No. MC-1589
4 Development. The project site is generally flat, with access from W.

Highland Avenue. Utilities are available directly from W. Highland Avenue. There are no physical constraints on the site, such as steep slopes or watercourses.

SECTION 4. Development Code Amendment (Zoning Map Amendment) 21-06 to change the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) of one (1) parcel (APN: 0143-191-59), attached hereto and incorporated herein by reference as Exhibit A, is hereby approved.

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

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

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

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

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. 427
Ordinance No. MC-1589
5 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-1589, introduced on July 20, 2022_______ adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _________, 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 428

PROJECT SITE
PROJECT: DCA (ZMA) 21-06

CHANGE THE ZONING DISTRICT CLASSIFICATION FROM
COMMERCIAL GENREAL (CG-1) TO RESIDENTIAL MEDIUM (RM)
OF ONE (1) PARCEL (APN: 0143-191-59) CONTAINING
APPROXIMATELY 9.9 ACRES
NORTH
EXHIBIT A – DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) Packet Pg. 429

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Nathan R. Freeman, Agency Director of Community, Housing, and Economic Development
Department: Community & Economic Development (CED)
Subject: Final Reading and Adoption of Ordinance MC-1588 - Warmington Homes Palm Avenue Project
Recommendation
Adopt Ordinance No. MC-1588 approving Development Code Amendment (Zoning Map Amendment) 21-07 changing the Zoning District Classification of five (5) parcels (APN: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration (Attachment 1).

Background
On July 20, 2022, the Mayor and City Council conducted a public hearing on approving Development Code Amendment (Zoning Map Amendment) 21-07 to change the Zoning District Classification of five (5) parcels (APN: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration. Following Mayor and City Council discussion, the City Council introduced Ordinance No. MC1588.

At the July 20, 2022 hearing, the Mayor and City Council made a motion requesting that Warmington Homes incorporate cinder block walls between each home instead of vinyl fencing. This item was agreed to by the developer and has been added to the conditions of approval.

Packet Pg. 430
Discussion
Warmington Homes is requesting to change the Zoning District Classification of the project site to Residential Medium (RM) in order to allow the development of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences.
2021-2025 Key Strategic Targets and Goals
Development Code Amendment (Zoning Map Amendment) 21-07 aligns with Key Target No. 3: Improved Quality of Life. The one hundred thirty-three (133) single-family residences will help the City meet its State-mandated housing requirements, be consistent with the surrounding single-family residential land uses, and provide additional market rate housing to the City’s housing stock.

Fiscal Impact
Development impact fees associated with the project will be approximately $2,501,065.

City services will be provided to this project like other single-family residential neighborhoods within the City and surrounding area.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1588 approving Development Code Amendment (Zoning Map Amendment) 21-07 changing the Zoning District Classification of five (5) parcels (APN: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration.

Attachments
Attachment 1 Ordinance No. MC-1588 (Approving Development Code Amendment [Zoning Map Amendment] 21-07)
Attachment 2 Ordinance No. MC-1588; Exhibit A (Approving Development Code Amendment [Zoning Map Amendment] 21-07)
Ward:

Fourth Ward
Synopsis of Previous Council Actions:

July 20, 2022 Mayor and City Council introduced Ordinance No. MC-1588 (Approving Development Code Amendment [Zoning Map
Amendment] 21-07)
Packet Pg. 431
Ordinance No. MC-1588
1 ORDINANCE NO. MC-1588

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

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

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

WHEREAS, together, General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 constitute the Warmington Residential – Palm Avenue Project ("Project"); and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 21-07 is a request to allow the change of the Zoning District Classification from Commercial General (CG1) to Residential Medium (RM) of five (5) parcels containing a total of approximately 14.70 acres; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, on June 14, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2022-032 recommending the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the approval of General Plan Amendment 21- 02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 to the Mayor and City Council; and
WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on July 9, 2022, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and Packet Pg. 432
Ordinance No. MC-1588
2 WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the Mayor and City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment (Zoning Map Amendment) 21-07; and

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

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

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

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

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

Packet Pg. 433
Ordinance No. MC-1588
3 General Plan Land Use Element Goal 2.4: Enhance the
quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development.

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

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

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

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

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

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

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

Packet Pg. 434
Ordinance No. MC-1588
4 Finding No. 4: The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development.

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

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

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

Packet Pg. 435
Ordinance No. MC-1588
5 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 436
Ordinance No. MC-1588
6 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

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

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 437

PROJECT SITE
PROJECT: DCA (ZMA) 19-08

CHANGE THE ZONING DISTRICT CLASSIFICATION FROM
COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL MEDIUM (RM)
OF FIVE (5) PARCELS (APN(S): 0285-211-05, 21, 22, 23, AND 25) CONTAINING A TOTAL OF APPROXIMATELY 14.70 ACRES
NORTH
EXHIBIT A – DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) Packet Pg. 438
Consent Calendar
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Nathan R. Freeman, Agency Director of Community, Housing, and Economic Development
Subject: Final Reading and Adoption of Ordinance No. MC-1583 (Home Occupation Permits) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1583 adopting Development Code Amendment 22- 01 amending Section 19.54.030 (Operating Standards) of the City of San Bernardino Municipal Code (Title 19) to update the standards for home occupations (Attachment 1).

Background
The last comprehensive update to the City's Development Code (Title 19) was adopted in May 1991. Given the advancements and nature of technology, changing household dynamics and the societal transition to remote working, the City’s standards for home occupations are not conducive, or in some way, not practical for today’s business environment.

On February 8, 2022, the Planning Commission unanimously adopted Resolution No. 2022-009 forwarding a recommendation to the Mayor and City Council recommending approval of Development Code Amendment 22-01.

Under Ordinance No. MC-1583 (Development Code Amendment 22-01), Section

19.54.030 (Home Occupation Permits – Operation Standards) of the City of San Bernardino Development Code will be amended to read, as follows:

1. No person shall operate or engage in a home occupation without first obtaining a home occupation permit in accordance with the provisions of this chapter, and no business license shall be issued to the operator of a home occupation until a valid home occupation permit is issued pursuant to the provisions of this chapter. Notwithstanding the foregoing, in the event a business license is issued for a home occupation for which no home occupation permit has been issued, such fact shall in no way affect the application and requirement of this chapter;
Packet Pg. 439

2. Notwithstanding the foregoing, no home occupation permit shall be required pursuant to this chapter if the person engaged in the performance of work as an employee for an entity whose principal place of business is located elsewhere and the use of the dwelling generates no pedestrian or vehicular traffic beyond that customarily associated with the use of unit for residential dwelling purposes;

3. A separate home occupation permit shall be required for each home occupation being conducted within a dwelling;

4. The home occupation shall not alter the outward appearance of the dwelling unit;

5. There shall be no displays, sale or delivery of merchandise, or advertising signs on the premises;

6. There shall be no signs other than the address and name of the resident;

7. There shall be no advertising which identifies the home occupation by street address;

8. The use of the dwelling as a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants. It shall not occupy an area equivalent to more than 15 percent of the total square footage for the dwelling. The garage located on the premises may be utilized for storage of equipment, materials or supplies used in connection with the home occupation provided such storage does not use any space in the garage required for off-street parking. The use shall not involve storage of materials or supplies in any carport, accessory structure(s) or outside any structures;

9. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one (1) vehicle not to exceed a capacity of one and one-half tons owned by the operator of such home occupation;

10. The home occupation shall not encroach into any required parking, setback, or yard;

11. There shall be no use or storage of material or mechanical equipment not recognized as being part of a normal household or hobby use;

12. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage;
Packet Pg. 440

13. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances;

14. Only the occupants of the dwelling may be engaged in the home occupation;

15. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises;

16. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located;

17. No home occupation shall be initiated until a current business license is obtained, pursuant to Title 5 of the Municipal Code;

18. A Home Occupation Permit shall not be transferable;

19. If the home occupation is to be conducted on rental property, the property owner or authorized representative shall provide written authorization for the proposed use shall be obtained prior to the submittal for a Home Occupation Permit; and

20. Any special condition established by the Director and made part of the record of the Home Occupation Permit, as deemed necessary to carry out the intent of this Chapter.

Discussion
On July 20, 2022, the Mayor and City Council conducted a public hearing and introduced Ordinance No. MC-1583 amending Section 19.54.030 (Operating Standards) of Title 19 (Development Code) of the City of San Bernardino Municipal Code updating the standards for home occupations.

After the introduction of Ordinance No. MC-1583, a few minor non-substantive edits were made to correct the dates in the recitals only and not in the body of the ordinance.

Ordinance No. MC-1583 is now ready for adoption and will become effective on September 2, 2022.

General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development, as follow:
 Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique neighborhoods.

Packet Pg. 441
 Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

Given the advancements and nature of technology, changing household dynamics and the societal transition to remote working, the adoption and implementation of Development Code Amendment 22-01 is consistent with the City’s General Plan by allowing for home occupations to operate while maintaining the character and minimizing potential impact within residential neighborhoods. Additionally, the adoption and implementation of Development Code Amendment 22-01 will help ensure that the residential character of the neighborhoods within the City are preserved. 2021-2025 Key Strategic Targets and Goals
Development Code Amendment 22-01 aligns with Key Target Goal No. 4: Economic Growth & Development. Specifically, updating the home occupation standards will preserve the residential character of the neighborhoods within the City.

Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.

California Environmental Quality Act
The Planning Division conducted an environmental evaluation in connection with proposed Development Code Amendment 22-01 and concluded that it is exempt from CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines due to the fact that the proposed Development Code Amendment will not create significant effects on the environment as it consists of updates to the home occupation standards.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1583 adopting Development Code Amendment 22- 01 amending Section 19.54.030 (Operating Standards) of the City of San Bernardino Municipal Code (Title 19) to update the standards for home occupations.

Attachment
Attachment 1 Ordinance No. MC-1583 (Development Code Amendment 22-01) Ward: All
Synopsis of Previous Council Actions:

July 20, 2022 Mayor and City Council introduced Ordinance No. MC-1583 to approve Development Code Amendment 22-01.

Packet Pg. 442
ORDINANCE NO. MC-1583
1 ORDINANCE NO. MC-1583

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 22-01
AMENDING SECTION 19.54.030 (OPERATING

STANDARDS) OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE (TITLE 19) UPDATING THE
STANDARDS FOR HOME OCCUPATIONS; AND FINDING

THE CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, the last comprehensive update to the City's Development Code (Title 19) was adopted in May 1991; and
WHEREAS, given the advancements and nature of technology, changing household dynamics and the societal transition to remote working, Development Code Amendment 22-01 is a City-initiated amendment to Section 19.54.030 (Home Occupation Permits – Operating Standards) of the City of San Bernardino Development Code (Title 19) to update the standards for home occupations; and
WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has prepared Development Code Amendment 22-01 consistent with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community and Economic Development Department evaluated Development Code Amendment 22-01 and determined that it is not a project within the meaning of State CEQA Guidelines Section 15378, and alternatively is exempt from CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines; and WHEREAS, on February 8, 2022, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2022-009 forwarding a recommendation of approval of Development Code Amendment 22-01 to the Mayor and City Council; and
WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on July 9, 2022 in accordance with Development Code Chapter 19.52; and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Ordinance No. MC-1583.

Packet Pg. 443
ORDINANCE NO. MC-1583
2 NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:

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

SECTION 2. Compliance with the California Environmental Quality Act. As the decision-making body for the project, the Mayor and City Council has reviewed and considered the information contained in the administrative record for Development Code Amendment 22-01.

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council hereby finds, as follows:
(1) The administrative record has been completed in compliance with the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) Development Code Amendment 22-01 is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Development Code Amendment 22-01 does not authorize any specific development within the City’s boundaries. Development Code Amendment 22-01 it is exempt from CEQA because the adoption of the Development Code Amendment is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment (State CEQA Guidelines, Section 15061(b)(3)). The Development Code Amendment to update the standards for home occupations is exempt from the requirements of CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines due to the fact that the Development Code Amendment will not create significant effects on the environment as it consists of updates to the home occupation requirements; and (3) The determination of CEQA exemption reflects the independent judgment of the Mayor and City Council.

SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 22-01:

Section 19.42.050 (Findings) of the City of San Bernardino Development Code requires that Development Code Amendments meet certain finding prior to approval by the Mayor and City Council. Accordingly, the following findings are provided in support of the approval of Development Code Amendment 22-01:

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

Finding of Fact: Development Code Amendment 22-01 is consistent with the General Plan, as follows:
 Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique neighborhoods.
 Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

Packet Pg. 444
ORDINANCE NO. MC-1583
3 Given the advancements and nature of technology, changing household dynamics and the societal transition to remote working, the adoption and implementation of Development Code Amendment 22-01 is consistent with the City’s General Plan by allowing for home occupations to operate while maintaining the character and minimizing potential impact within residential neighborhood.

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

Finding of Fact: The adoption and implementation of Development Code Amendment 22- 01 is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, convenience, and general welfare of the City. The adoption and implementation of Development Code Amendment 22-01 will help ensure that the residential character of the neighborhoods within the City is preserved, while allowing for the operation of home occupations resulting from the advancements and nature of technology, changing household dynamics and the societal transition to remote working.

SECTION 4. Section 19.54.030 (Home Occupation Permits – Operation Standards) of the City of San Bernardino Municipal Code (Title 19) is hereby amended, in its entirety, to read as follows:
“19.54.030 Operating Standards
Home occupations shall comply with all of the following operating standards:

1. No person shall operate or engage in a home occupation without first obtaining a Home Occupation Permit in accordance with the provisions of this Chapter, and no business license shall be issued to the operator of a home occupation until a valid Home Occupation Permit is issued pursuant to the provisions of this Chapter. Notwithstanding the foregoing, in the event a business license is issued for a home occupation for which no Home Occupation Permit has been issued, such fact shall in no way affect the application and requirement of this Chapter;

2. Notwithstanding the foregoing, no Home Occupation Permit shall be required pursuant to this Chapter if the person engaged in the performance of work as an employee for an entity whose principal place of business is located elsewhere and the use of the dwelling generates no pedestrian or vehicular traffic beyond that customarily associated with the use of the dwelling for residential dwelling purposes;

3. A separate Home Occupation Permit shall be required for each home occupation being conducted within a dwelling;
Packet Pg. 445
ORDINANCE NO. MC-1583
4 4. The home occupation shall not alter the outward appearance of the dwelling unit;

5. There shall be no displays, sale or delivery of merchandise, or advertising signs on the premises;

6. There shall be no signs other than the address and name of the resident;

7. There shall be no advertising which identifies the home occupation by street address;

10. The home occupation shall not encroach into any required parking, setback, or yard;

11. There shall be no use or storage of material or mechanical equipment not recognized as being part of a normal household or hobby use;

12. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage;

13. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances;

14. Only the occupants of the dwelling may be engaged in the home occupation;

15. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located;

16. No home occupation shall be initiated until a current business license is obtained, pursuant to Title 5 of the Municipal Code;
Packet Pg. 446
ORDINANCE NO. MC-1583
5 17. A Home Occupation Permit shall not be transferable;

18. If the home occupation is to be conducted on rental property, the property owner or authorized representative shall provide written authorization for the proposed use prior to the submittal for a Home Occupation Permit; and

19. Any special condition established by the Director and made part of the record of the Home Occupation Permit, as deemed necessary to carry out the intent of this Chapter.”
SECTION 5. Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of August, 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 447
ORDINANCE NO. MC-1583
6 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1583, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held at the 20th day of July, 2022 and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ____ day of __________, 2022, by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 448

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for July 2022.

Background
Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers.

The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
Discussion
Packet Pg. 449
Gross Payroll
Bi-Weekly for July 7, 2022 $2,609,902.40
Monthly for July 15, 2022 $11,666.69
Total Payroll Demands: $2,621,569.09
The following check registers are being presented for approval:

June 30, 2022 2021/22 (Register #51) $787,375.16
July 7, 2022 2022/23 (Register #1) $1,265,709.72
Total commercial check demands: $2,053,084.88
The following Electronic Funds Transfer (EFT) registers presented for approval:

June 10 to June 16, 2022 2021/22 (Register #1315-#1319) $ 1,174,704.28 Total commercial EFT demands: $ 1,174,704.28
2021-2025 Key Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.

Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for July 2022.

Attachments
Attachment 1 Payroll Summary Report for July 2022
Attachment 2 Commercial checks & Payroll Register #51
Attachment 3 Commercial checks & Payroll Register #1
Attachment 4 Commercial EFT Registers #1315-1319
Ward: All
Packet Pg. 450
Packet Pg. 451
Packet Pg. 452
Packet Pg. 453
Packet Pg. 454
Packet Pg. 455
Packet Pg. 456
Packet Pg. 457
Packet Pg. 458
Packet Pg. 459
Packet Pg. 460
Packet Pg. 461
Packet Pg. 462
Packet Pg. 463
Packet Pg. 464
Packet Pg. 465
Packet Pg. 466
Packet Pg. 467
Packet Pg. 468
Packet Pg. 469
Packet Pg. 470
Packet Pg. 471
Packet Pg. 472
Packet Pg. 473
Packet Pg. 474
Packet Pg. 475
Packet Pg. 476
Packet Pg. 477
Packet Pg. 478
Packet Pg. 479
Packet Pg. 480
Packet Pg. 481
Packet Pg. 482
Packet Pg. 483
Packet Pg. 484
Packet Pg. 485
Packet Pg. 486
Packet Pg. 487
Packet Pg. 488
Packet Pg. 489

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Investment Portfolio Report for June 2022 (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for June 2022.

Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy.

Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended June 30, 2022.

The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements.
2021-2025 Key Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key Packet Pg. 490
Target No. 1c: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.

Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment report.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for June 2022.

Attachments
Attachment 1 Investment Portfolio Summary Report June 2022 Ward: All
Synopsis of Previous Council Actions: N/A
Packet Pg. 491
Packet Pg. 492
Packet Pg. 493
Packet Pg. 494
Packet Pg. 495
Packet Pg. 496
Packet Pg. 497
Packet Pg. 498
Packet Pg. 499
Packet Pg. 500
Packet Pg. 501

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Resolutions Authorizing Fiscal Year 2022-23 Special Tax Levies for Previously Formed Community Facilities Districts
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2022-165 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2022-23 to Pay the Annual Cost of Public Safety Services and Administrative Expenses within Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino;

2. Adopt Resolution No. 2022-166 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2022-23 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No 2018-2 (Verdemont Ranch);

3. Adopt Resolution No. 2022-167 of the Mayor and City Council of the City of San Bernardino, California Levying Special Taxes to be Collected During Fiscal Year 2022-23 to Pay the Annual Cost of Maintenance Services and Administrative Expenses within Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino;

4. Adopt Resolution No. 2022-168 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2022-23 to Pay for Facilities or to Pay Principal and Interest on Bonds and Packet Pg. 502
Administrative Expenses within Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino; and

5. Adopt Resolution No. 2022-169 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2022-23 to pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino.

Background
The City Council has previously formed Community Facilities District Nos. 2018-1 (Safety Services), 2018-2 (Verdemont Ranch), 2019-1 (Maintenance Services), 2020- 1 (Rancho Palma), and 2021-1 (Ferree Street) and adopted ordinances authorizing the levy of special taxes within each Community Facilities District.

Discussion
At its July 20, 2022 meeting the City Council will be presented with five resolutions authorizing the levy of special taxes within each of Community Facilities District No. 2018-1 (Safety Services), 2018-2 (Verdemont Ranch), 2019-1 (Maintenance Services), 2020-1 (Rancho Palma), and 2021-1 (Ferree Street), which will authorize the levy of special taxes in each Community Facilities District for Fiscal Year 2022-23.

The special tax levies upon properties within Community Facilities District Nos. 2018- 2, 2020-1, and 2021-1 provide the revenue to pay the cost of facilities or to pay debt service on bonds which may be issued for those community facilities districts. The special tax levies on properties within Community Facilities District Nos. 2018-1 and 2019-1 provide the revenue to pay the cost of safety services (in the case of Community Facilities District No. 2018-1, and to pay the costs of maintenance services (in the case of Community Facilities’ District No. 2019-1). The amount of the assessments which are proposed to be levied on all parcels of assessable land within each Community Facilities District has been determined pursuant to the Rate and Method of Apportionment of Special Tax for each Community Facilities District.

At its July 20, 2022 meeting the City Council will consider adoption of resolutions levying the special taxes within each of the Community Facilities Districts. 2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 4: Economic Growth & Development - to ensure development of a well-planned balanced and sustainable City. 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 special tax levies upon properties within Community Facilities District Nos. 2018- 2, 2020-1, and 2021-1 provide the revenue to pay the cost of facilities or to pay debt service on bonds which may be issued for those community facilities districts. The Packet Pg. 503
special tax levies on properties within Community Facilities District Nos. 2018-1 and 2019-1 provide the revenue to pay the cost of safety services (in the case of Community Facilities District No. 2018-1), and to pay the costs of maintenance services (in the case of Community Facilities District No. 2019-1).

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

4. Adopt Resolution No. 2022-168 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2022-23 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino; and

Attachments
Attachment 1 Resolution No. 2022-165 Levying Special Taxes to be Collected During Fiscal Year 2022-23 to Pay the Annual Cost of Public Safety Services and Administrative Expenses within Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino.

Attachment 2 Resolution No. 2022-165; Exhibit A - CFD 2018-1 Attachment 3 Resolution No. 2022-166 Levying Special Taxes to be Collected During Fiscal Year 2022-23 to Pay for Facilities or to Pay Principal Packet Pg. 504
and Interest on Bonds and Administrative Expenses within Community Facilities District No 2018-2 (Verdemont Ranch).

Attachment 4 Resolution No. 2022-166; Exhibit A - CFD 2018-2 Attachment 5 Resolution No. 2022-167 Levying Special Taxes to be Collected During Fiscal Year 2022-23 to Pay the Annual Cost of Maintenance Services and Administrative Expenses within Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino.

Attachment 6 Resolution No. 2022-167; Exhibit A - CFD 2019-1 Attachment 7 Resolution No. 2022-168 Levying Special Taxes to be Collected During Fiscal Year 2022-23 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino
Attachment 8 Resolution No. 2022-168; Exhibit A - CFD 2020-1 Attachment 9 Resolution No. 2022-169 Levying Special Taxes to be Collected During Fiscal Year 2022-23 to pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino
Attachment 10 Resolution No. 2022-169; Exhibit A - CFD 2021-1 Ward:

All Wards
Synopsis of Previous Council Actions:

July 20, 2022 Mayor and City Council has previously formed Community Facilities District Nos. 2018-1 (Safety Services), 2018-2 (Verdemont Ranch), 2019-1 (Maintenance Services), 2020-1 (Rancho Palma), and 2021-1 (Ferree Street) and adopted ordinances authorizing the levy of special taxes within each Community Facilities District.

Packet Pg. 505
A-1
RESOLUTION NO. 2022-165

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2022-23 TO PAY THE ANNUAL COST OF

PUBLIC SAFETY SERVICES AND ADMINISTRATIVE

EXPENSES WITHIN COMMUNITY FACILITIES
DISTRICT NO. 2018-1 (SAFETY SERVICES) OF THE CITY

OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment of the annual cost of providing public safety services within Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may by resolution provide for the levy of special taxes on parcels of taxable property in the District at a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable property in the District by ordinance, including Ordinance No. MC-1506, adopted on October 3, 2018; and
WHEREAS, the special taxes will be levied for fiscal year 2022-23 on all parcels in each category of developed property in the District on the same basis and at the same rate to pay the cost of public safety services and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year 2022-23 will not exceed the rates of the special taxes that have previously been levied by ordinance;

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

SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the 2022-23 fiscal year on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government Code, 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. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general Packet Pg. 506
rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption of this resolution transmit a copy hereof to 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 “A” hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

SECTION 6. 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 3rd day of August, 2022.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
Packet Pg. 507

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. 2022-165 adopted at a regular meeting held on the 3rd day of August 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022.
___________________________________
Genoveva Rocha, CMC, City Clerk
Packet Pg. 508
APN Amount
0261-761-01 $385.00
0261-761-02 $385.00
0261-761-03 $385.00
0261-761-04 $385.00
0261-761-05 $385.00
0261-761-06 $385.00
0261-761-07 $385.00
0261-761-08 $385.00
0261-761-09 $385.00
0261-761-10 $385.00
0261-761-11 $385.00
0261-761-12 $385.00
0261-761-13 $385.00
0261-761-14 $385.00
0261-761-15 $385.00
0261-761-16 $385.00
0261-761-17 $385.00
0261-761-18 $385.00
0261-761-19 $385.00
0261-761-20 $385.00
0261-761-21 $385.00
0261-761-22 $385.00
0261-761-23 $385.00
0261-761-24 $385.00
0261-761-25 $385.00
0261-761-26 $385.00
0261-761-27 $385.00
0261-761-28 $385.00
0261-761-29 $385.00
0261-761-30 $385.00
0261-761-31 $385.00
0261-761-32 $385.00
0261-761-33 $385.00
0261-761-34 $385.00
0261-761-35 $385.00
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
Packet Pg. 509
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0261-761-36 $385.00
0261-761-37 $385.00
0261-761-38 $385.00
0261-761-39 $385.00
0261-761-40 $385.00
0261-761-41 $385.00
0261-761-42 $385.00
0261-761-43 $385.00
0261-761-44 $385.00
0261-761-45 $385.00
0261-761-46 $385.00
0261-761-47 $385.00
0261-761-48 $385.00
0261-761-49 $385.00
0261-761-50 $385.00
0261-761-51 $385.00
0261-761-52 $385.00
0261-761-53 $385.00
0261-761-54 $385.00
0261-761-55 $385.00
0261-762-01 $385.00
0261-762-02 $385.00
0261-762-03 $385.00
0261-762-14 $385.00
0261-762-15 $385.00
0261-762-16 $385.00
0261-762-17 $385.00
0261-762-18 $385.00
0261-762-19 $385.00
0261-762-20 $385.00
0261-762-21 $385.00
0261-762-22 $385.00
0261-762-23 $385.00
0261-762-24 $385.00
0261-762-25 $385.00
Packet Pg. 510
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0261-762-26 $385.00
0261-762-27 $385.00
0261-762-28 $385.00
0261-762-29 $385.00
0261-762-30 $385.00
0261-762-31 $385.00
0261-762-32 $385.00
0261-762-33 $385.00
0261-762-34 $385.00
0261-762-35 $385.00
0261-762-36 $385.00
0261-762-37 $385.00
0261-762-38 $385.00
0261-762-39 $385.00
0261-762-40 $385.00
0261-762-41 $385.00
0261-762-42 $385.00
0261-762-43 $385.00
0261-762-44 $385.00
0261-762-45 $385.00
0261-762-46 $385.00
0261-762-47 $385.00
0261-762-48 $385.00
0261-762-49 $385.00
0261-762-50 $385.00
0261-762-51 $385.00
0261-762-52 $385.00
0261-762-53 $385.00
0261-762-54 $385.00
0261-762-55 $385.00
0261-762-56 $385.00
0261-762-57 $385.00
0261-762-58 $385.00
0261-762-59 $385.00
0261-762-60 $385.00
Packet Pg. 511
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0261-762-61 $385.00
0261-762-62 $385.00
0261-762-63 $385.00
0261-762-64 $385.00
0261-771-01 $385.00
0261-771-02 $385.00
0261-771-03 $385.00
0261-771-04 $385.00
0261-771-05 $385.00
0261-771-06 $385.00
0261-771-07 $385.00
0261-771-08 $385.00
0261-771-09 $385.00
0261-771-10 $385.00
0261-771-11 $385.00
0261-771-12 $385.00
0261-771-13 $385.00
0261-771-14 $385.00
0261-771-15 $385.00
0261-771-16 $385.00
0261-771-17 $385.00
0261-771-18 $385.00
0261-771-19 $385.00
0261-771-20 $385.00
0261-771-21 $385.00
0261-771-22 $385.00
0261-771-23 $385.00
0261-771-24 $385.00
0261-771-25 $385.00
0261-771-26 $385.00
0261-771-27 $385.00
0261-771-28 $385.00
0281-172-24 $385.00
0281-172-25 $385.00
0281-172-26 $385.00
Packet Pg. 512
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0281-172-27 $385.00
0281-172-28 $385.00
0281-441-01 $385.00
0281-441-02 $385.00
0281-441-03 $385.00
0281-441-04 $385.00
0281-441-05 $385.00
0281-441-06 $385.00
0281-441-07 $385.00
0281-441-08 $385.00
0281-441-09 $385.00
0281-441-10 $385.00
0281-441-11 $385.00
0281-441-12 $385.00
0281-441-13 $385.00
0281-441-14 $385.00
0281-441-15 $385.00
0281-441-16 $385.00
0281-441-17 $385.00
0281-441-18 $385.00
0281-441-19 $385.00
0281-441-20 $385.00
0281-441-21 $385.00
0281-441-22 $385.00
0281-441-23 $385.00
0281-441-24 $385.00
0281-441-25 $385.00
0281-441-26 $385.00
0281-441-27 $385.00
0281-441-28 $385.00
0281-441-29 $385.00
0281-441-30 $385.00
0281-441-31 $385.00
0281-441-32 $385.00
0281-441-33 $385.00
Packet Pg. 513
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0281-441-34 $385.00
0281-441-35 $385.00
0281-441-36 $385.00
0281-441-37 $385.00
0281-441-38 $385.00
0281-441-39 $385.00
0281-441-40 $385.00
0281-441-41 $385.00
0281-441-42 $385.00
0281-441-43 $385.00
0281-441-44 $385.00
0281-441-45 $385.00
0281-441-46 $385.00
0281-441-47 $385.00
0281-441-48 $385.00
0281-441-49 $385.00
0281-441-50 $385.00
0281-441-51 $385.00
0281-441-52 $385.00
0281-441-53 $385.00
0281-441-54 $385.00
0281-442-01 $385.00
0281-442-02 $385.00
0281-442-03 $385.00
0281-442-04 $385.00
0281-442-05 $385.00
0281-442-06 $385.00
0281-442-07 $385.00
0281-442-08 $385.00
0281-442-09 $385.00
0281-442-10 $385.00
0281-442-11 $385.00
0281-442-12 $385.00
0281-442-13 $385.00
0281-442-14 $385.00
Packet Pg. 514
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0281-442-15 $385.00
0281-442-16 $385.00
0281-442-17 $385.00
0281-442-18 $385.00
0281-442-19 $385.00
0281-442-20 $385.00
0281-442-21 $385.00
0281-442-22 $385.00
0281-442-23 $385.00
0281-442-24 $385.00
0281-442-25 $385.00
0281-442-26 $385.00
0281-442-27 $385.00
0281-442-28 $385.00
0281-442-29 $385.00
0281-442-30 $385.00
0281-442-31 $385.00
0281-442-32 $385.00
0281-442-33 $385.00
0281-442-34 $385.00
0281-442-35 $385.00
0281-442-36 $385.00
0281-442-37 $385.00
0281-442-38 $385.00
0281-442-39 $385.00
0281-442-40 $385.00
0281-442-41 $385.00
0281-442-42 $385.00
Packet Pg. 515
A-1
RESOLUTION NO. 2022-166

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2022-23 TO PAY FOR FACILITIES OR TO

PAY PRINCIPAL AND INTEREST ON BONDS AND

ADMINISTRATIVE EXPENSES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2018-2 (VERDEMONT

RANCH) OF THE CITY OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment of facilities or to pay principal of and interest on bonds within Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may by resolution provide for the levy of special taxes on parcels of taxable property in the District at a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable property in the District by ordinance, including Ordinance No. MC-1507, adopted on October 3, 2018; and
WHEREAS, the special taxes will be levied for fiscal year 2022-23 on all parcels in each category of developed property in the District on the same basis and at the same rate to pay for facilities or to pay principal and interest on bonds and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year 2022-23 will not exceed the rates of the special taxes that have previously been levied by ordinance;

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

SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.

Packet Pg. 516
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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. 2022-166 adopted at a regular meeting held on the 20th day of July, 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022.
___________________________________
Genoveva Rocha, CMC, City Clerk
Packet Pg. 518
APN Amount
0261-771-01 $2,863.20
0261-771-02 $2,790.04
0261-771-03 $2,863.20
0261-771-04 $2,790.04
0261-771-05 $2,863.20
0261-771-06 $2,644.78
0261-771-07 $2,979.62
0261-771-08 $2,790.04
0261-771-09 $2,863.20
0261-771-10 $2,644.78
0261-771-11 $2,863.20
0261-771-12 $2,790.04
0261-771-13 $2,979.62
0261-771-14 $2,644.78
0261-771-15 $2,979.62
0261-771-16 $2,790.04
0261-771-17 $2,863.20
0261-771-18 $2,790.04
0261-771-19 $2,790.04
0261-771-20 $2,863.20
0261-771-21 $2,863.20
0261-771-22 $2,790.04
0261-771-23 $2,863.20
0261-771-24 $2,644.78
0261-771-25 $2,863.20
0261-771-26 $2,790.04
0261-771-27 $2,790.04
0261-771-28 $2,644.78
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
Packet Pg. 519
Resolution No. 2022-167
Resolution No. 2022-167
August 3, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-167

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2022-23 TO PAY THE ANNUAL COST OF

MAINTENANCE SERVICES AND ADMINISTRATIVE

EXPENSES WITHIN COMMUNITY FACILITIES
DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF

THE CITY OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment of the annual cost of providing maintenance services within Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may by resolution provide for the levy of special taxes on parcels of taxable property in the District at a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable property in the District by ordinance, including Ordinance No. MC-1522, adopted on July 17, 2019; and
WHEREAS, the special taxes will be levied for fiscal year 2022-23 on all parcels in each category of developed property in the District on the same basis and at the same rate to pay the cost of maintenance services and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year 2022-23 will not exceed the rates of the special taxes that have previously been levied by ordinance;

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

SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the 2022-23 fiscal year on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property Packet Pg. 520
Resolution No. 2022-167
Resolution No. 2022-167
August 3, 2022

Page 2 of 3 ends

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

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

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-167 adopted at a regular meeting held on the 3rd day of August 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022.
___________________________________
Genoveva Rocha, CMC, City Clerk
Packet Pg. 522
APN Amount
0142-811-01 $1,117.02
0142-811-02 $1,117.02
0142-811-03 $1,117.02
0142-811-04 $1,117.02
0142-811-05 $1,117.02
0142-811-06 $1,117.02
0142-811-07 $1,117.02
0142-811-08 $1,117.02
0142-811-09 $1,117.02
0142-811-10 $1,117.02
0142-811-11 $1,117.02
0142-811-12 $1,117.02
0142-811-13 $1,117.02
APN Amount
0261-771-01 $549.78
0261-771-02 $549.78
0261-771-03 $549.78
0261-771-04 $549.78
0261-771-05 $549.78
0261-771-06 $549.78
0261-771-07 $549.78
0261-771-08 $549.78
0261-771-09 $549.78
0261-771-10 $549.78
0261-771-11 $549.78
0261-771-12 $549.78
0261-771-13 $549.78
0261-771-14 $549.78
0261-771-15 $549.78
0261-771-16 $549.78
0261-771-17 $549.78
0261-771-18 $549.78
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
Tax Zone 1
Tax Zone 2
Packet Pg. 523
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0261-771-19 $549.78
0261-771-20 $549.78
0261-771-21 $549.78
0261-771-22 $549.78
0261-771-23 $549.78
0261-771-24 $549.78
0261-771-25 $549.78
0261-771-26 $549.78
0261-771-27 $549.78
0261-771-28 $549.78
APN Amount
0141-431-24 $38,502.28
APN Amount
0266-041-39 $3,301.10
APN Amount
0261-761-01 $392.00
0261-761-02 $392.00
0261-761-03 $392.00
0261-761-04 $392.00
0261-761-05 $392.00
0261-761-06 $392.00
0261-761-07 $392.00
0261-761-08 $392.00
0261-761-09 $392.00
0261-761-10 $392.00
0261-761-11 $392.00
0261-761-12 $392.00
0261-761-13 $392.00
0261-761-14 $392.00
Tax Zone 4
Tax Zone 5
Tax Zone 3
Packet Pg. 524
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0261-761-15 $392.00
0261-761-16 $392.00
0261-761-17 $392.00
0261-761-18 $392.00
0261-761-19 $392.00
0261-761-20 $392.00
0261-761-21 $392.00
0261-761-22 $392.00
0261-761-23 $392.00
0261-761-24 $392.00
0261-761-25 $392.00
0261-761-26 $392.00
0261-761-27 $392.00
0261-761-28 $392.00
0261-761-29 $392.00
0261-761-30 $392.00
0261-761-31 $392.00
0261-761-32 $392.00
0261-761-33 $392.00
0261-761-34 $392.00
0261-761-35 $392.00
0261-761-36 $392.00
0261-761-37 $392.00
0261-761-38 $392.00
0261-761-39 $392.00
0261-761-40 $392.00
0261-761-41 $392.00
0261-761-42 $392.00
0261-761-43 $392.00
0261-761-44 $392.00
0261-761-45 $392.00
0261-761-46 $392.00
0261-761-47 $392.00
0261-761-48 $392.00
0261-761-49 $392.00
Packet Pg. 525
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0261-761-50 $392.00
0261-761-51 $392.00
0261-761-52 $392.00
0261-761-53 $392.00
0261-761-54 $392.00
0261-761-55 $392.00
0261-762-01 $392.00
0261-762-02 $392.00
0261-762-03 $392.00
0261-762-14 $392.00
0261-762-15 $392.00
0261-762-16 $392.00
0261-762-17 $392.00
0261-762-18 $392.00
0261-762-19 $392.00
0261-762-20 $392.00
0261-762-21 $392.00
0261-762-22 $392.00
0261-762-23 $392.00
0261-762-24 $392.00
0261-762-25 $392.00
0261-762-26 $392.00
0261-762-27 $392.00
0261-762-28 $392.00
0261-762-29 $392.00
0261-762-30 $392.00
0261-762-31 $392.00
0261-762-32 $392.00
0261-762-33 $392.00
0261-762-34 $392.00
0261-762-35 $392.00
0261-762-36 $392.00
0261-762-37 $392.00
0261-762-38 $392.00
0261-762-39 $392.00
Packet Pg. 526
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0261-762-40 $392.00
0261-762-41 $392.00
0261-762-42 $392.00
0261-762-43 $392.00
0261-762-44 $392.00
0261-762-45 $392.00
0261-762-46 $392.00
0261-762-47 $392.00
0261-762-48 $392.00
0261-762-49 $392.00
0261-762-50 $392.00
0261-762-51 $392.00
0261-762-52 $392.00
0261-762-53 $392.00
0261-762-54 $392.00
0261-762-55 $392.00
0261-762-56 $392.00
0261-762-57 $392.00
0261-762-58 $392.00
0261-762-59 $392.00
0261-762-60 $392.00
0261-762-61 $392.00
0261-762-62 $392.00
0261-762-63 $392.00
0261-762-64 $392.00
APN Amount
0261-182-41 $16,023.42
APN Amount
0147-114-20 $3,452.20
0147-114-21 $2,595.52
Tax Zone 6
Tax Zone 7
Packet Pg. 527
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0281-441-01 $213.46
0281-441-02 $213.46
0281-441-03 $213.46
0281-441-04 $213.46
0281-441-05 $213.46
0281-441-06 $213.46
0281-441-07 $213.46
0281-441-08 $213.46
0281-441-09 $213.46
0281-441-10 $213.46
0281-441-11 $213.46
0281-441-12 $213.46
0281-441-13 $213.46
0281-441-14 $213.46
0281-441-15 $213.46
0281-441-16 $213.46
0281-441-17 $213.46
0281-441-18 $213.46
0281-441-19 $213.46
0281-441-20 $213.46
0281-441-21 $213.46
0281-441-22 $213.46
0281-441-23 $213.46
0281-441-24 $213.46
0281-441-25 $213.46
0281-441-26 $213.46
0281-441-27 $213.46
0281-441-28 $213.46
0281-441-29 $213.46
0281-441-30 $213.46
0281-441-31 $213.46
0281-441-32 $213.46
0281-441-33 $213.46
0281-441-34 $213.46
Tax Zone 8
Packet Pg. 528
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0281-441-35 $213.46
0281-441-36 $213.46
0281-441-37 $213.46
0281-441-38 $213.46
0281-441-39 $213.46
0281-441-40 $213.46
0281-441-41 $213.46
0281-441-42 $213.46
0281-441-43 $213.46
0281-441-44 $213.46
0281-441-45 $213.46
0281-441-46 $213.46
0281-441-47 $213.46
0281-441-48 $213.46
0281-441-49 $213.46
0281-441-50 $213.46
0281-441-51 $213.46
0281-441-52 $213.46
0281-441-53 $213.46
0281-441-54 $213.46
0281-442-01 $213.46
0281-442-02 $213.46
0281-442-03 $213.46
0281-442-04 $213.46
0281-442-05 $213.46
0281-442-06 $213.46
0281-442-07 $213.46
0281-442-08 $213.46
0281-442-09 $213.46
0281-442-10 $213.46
0281-442-11 $213.46
0281-442-12 $213.46
0281-442-13 $213.46
0281-442-14 $213.46
0281-442-15 $213.46
Packet Pg. 529
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0281-442-16 $213.46
0281-442-17 $213.46
0281-442-18 $213.46
0281-442-19 $213.46
0281-442-20 $213.46
0281-442-21 $213.46
0281-442-22 $213.46
0281-442-23 $213.46
0281-442-24 $213.46
0281-442-25 $213.46
0281-442-26 $213.46
0281-442-27 $213.46
0281-442-28 $213.46
0281-442-29 $213.46
0281-442-30 $213.46
0281-442-31 $213.46
0281-442-32 $213.46
0281-442-33 $213.46
0281-442-34 $213.46
0281-442-35 $213.46
0281-442-36 $213.46
0281-442-37 $213.46
0281-442-38 $213.46
0281-442-39 $213.46
0281-442-40 $213.46
0281-442-41 $213.46
0281-442-42 $213.46
APN Amount
0148-122-04 $12,080.24
APN Amount
0280-151-29 $10,860.60
Tax Zone 9
Tax Zone 10
Packet Pg. 530
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
1192-311-01 $5,345.30
Tax Zone 11
Packet Pg. 531
Resolution No. 2022-168
Resolution No. 2022-168
August 3, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-168

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2022-23 TO PAY FOR FACILITIES OR TO

PAY PRINCIPAL AND INTEREST ON BONDS AND

ADMINISTRATIVE EXPENSES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF

THE CITY OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment of facilities or to pay principal of and interest on bonds within Community Facilities District No. 2020-1(Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may by resolution provide for the levy of special taxes on parcels of taxable property in the District at a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable property in the District by ordinance, including Ordinance No. MC-1540, adopted on August 19, 2020; and
WHEREAS, the special taxes will be levied for fiscal year 2022-23 on all parcels in each category of developed property in the District on the same basis and at the same rate to pay for facilities or to pay principal and interest on bonds and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year 2022-23 will not exceed the rates of the special taxes that have previously been levied by ordinance;

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

SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the 2022-23 fiscal year on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property Packet Pg. 532
Resolution No. 2022-168
Resolution No. 2022-168
August 3, 2022

Page 2 of 3 ends

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

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-168 adopted at a regular meeting held on the 3rd day of August, 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022.
___________________________________
Genoveva Rocha, CMC, City Clerk
Packet Pg. 534
APN Amount
0261-761-01 $2,420.00
0261-761-02 $2,185.00
0261-761-03 $2,525.00
0261-761-04 $2,185.00
0261-761-05 $2,420.00
0261-761-06 $2,525.00
0261-761-07 $2,525.00
0261-761-08 $2,185.00
0261-761-09 $2,420.00
0261-761-10 $2,525.00
0261-761-11 $2,420.00
0261-761-12 $2,185.00
0261-761-13 $2,525.00
0261-761-14 $2,420.00
0261-761-15 $2,525.00
0261-761-16 $2,185.00
0261-761-17 $2,420.00
0261-761-18 $2,525.00
0261-761-19 $2,185.00
0261-761-20 $2,420.00
0261-761-21 $2,420.00
0261-761-22 $2,185.00
0261-761-23 $2,525.00
0261-761-24 $2,420.00
0261-761-25 $2,185.00
0261-761-26 $2,525.00
0261-761-27 $2,525.00
0261-761-28 $2,185.00
0261-761-29 $2,420.00
0261-761-30 $2,525.00
0261-761-31 $2,185.00
0261-761-32 $2,420.00
0261-761-33 $2,525.00
0261-761-34 $2,420.00
0261-761-35 $2,185.00
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
Packet Pg. 535
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0261-761-36 $2,420.00
0261-761-37 $2,525.00
0261-761-38 $2,525.00
0261-761-39 $2,185.00
0261-761-40 $2,420.00
0261-761-41 $2,525.00
0261-761-42 $2,420.00
0261-761-43 $2,420.00
0261-761-44 $2,185.00
0261-761-45 $2,525.00
0261-761-46 $2,185.00
0261-761-47 $2,420.00
0261-761-48 $2,525.00
0261-761-49 $2,420.00
0261-761-50 $2,525.00
0261-761-51 $2,185.00
0261-761-52 $2,525.00
0261-761-53 $2,185.00
0261-761-54 $2,525.00
0261-761-55 $2,420.00
0261-762-01 $2,185.00
0261-762-02 $2,080.00
0261-762-03 $1,880.00
0261-762-14 $2,185.00
0261-762-15 $1,880.00
0261-762-16 $2,080.00
0261-762-17 $2,185.00
0261-762-18 $2,080.00
0261-762-19 $1,880.00
0261-762-20 $2,185.00
0261-762-21 $1,880.00
0261-762-22 $2,080.00
0261-762-23 $2,185.00
0261-762-24 $1,880.00
0261-762-25 $2,185.00
Packet Pg. 536
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0261-762-26 $2,080.00
0261-762-27 $1,880.00
0261-762-28 $2,185.00
0261-762-29 $2,080.00
0261-762-30 $1,880.00
0261-762-31 $2,080.00
0261-762-32 $2,185.00
0261-762-33 $2,185.00
0261-762-34 $2,080.00
0261-762-35 $1,880.00
0261-762-36 $2,185.00
0261-762-37 $1,880.00
0261-762-38 $2,080.00
0261-762-39 $2,185.00
0261-762-40 $1,880.00
0261-762-41 $2,185.00
0261-762-42 $2,080.00
0261-762-43 $2,080.00
0261-762-44 $1,880.00
0261-762-45 $2,185.00
0261-762-46 $2,080.00
0261-762-47 $1,880.00
0261-762-48 $2,080.00
0261-762-49 $2,185.00
0261-762-50 $2,080.00
0261-762-51 $2,185.00
0261-762-52 $1,880.00
0261-762-53 $2,080.00
0261-762-54 $2,185.00
0261-762-55 $2,080.00
0261-762-56 $1,880.00
0261-762-57 $2,185.00
0261-762-58 $1,880.00
0261-762-59 $2,080.00
0261-762-60 $2,185.00
Packet Pg. 537
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0261-762-61 $1,880.00
0261-762-62 $2,080.00
0261-762-63 $2,185.00
0261-762-64 $1,880.00
Packet Pg. 538
Resolution No. 2022-169
Resolution No. 2022-169
August 3, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-169

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2022-23 TO PAY FOR FACILITIES OR TO

PAY PRINCIPAL AND INTEREST ON BONDS AND

ADMINISTRATIVE EXPENSES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2021-1 (FERREE STREET) OF

THE CITY OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment of facilities or to pay principal of and interest on bonds within Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may by resolution provide for the levy of special taxes on parcels of taxable property in the District at a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable property in the District by ordinance, including Ordinance No. MC-1555, adopted on April 7, 2021; and
WHEREAS, the special taxes will be levied for fiscal year 2022-23 on all parcels in each category of developed property in the District on the same basis and at the same rate to pay for facilities or to pay principal and interest on bonds and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year 2022-23 will not exceed the rates of the special taxes that have previously been levied by ordinance;

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

SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.

Page 2 of 3 ends

Code, 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 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
Packet Pg. 540
Resolution No. 2022-169
Resolution No. 2022-169
August 3, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-169 adopted at a regular meeting held on the 3rd day of August 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022.
___________________________________
Genoveva Rocha, CMC, City Clerk
Packet Pg. 541
APN Amount
0281-441-01 $2,366.00
0281-441-02 $2,266.00
0281-441-03 $2,366.00
0281-441-04 $2,366.00
0281-441-05 $2,266.00
0281-441-06 $2,366.00
0281-441-07 $2,366.00
0281-441-08 $2,266.00
0281-441-09 $2,366.00
0281-441-10 $2,366.00
0281-441-11 $2,266.00
0281-441-12 $2,366.00
0281-441-13 $2,366.00
0281-441-14 $2,266.00
0281-441-15 $2,366.00
0281-441-16 $2,366.00
0281-441-17 $2,266.00
0281-441-18 $2,366.00
0281-441-19 $2,366.00
0281-441-20 $2,266.00
0281-441-21 $2,366.00
0281-441-22 $2,366.00
0281-441-23 $2,366.00
0281-441-24 $2,366.00
0281-441-25 $2,366.00
0281-441-26 $2,266.00
0281-441-27 $2,366.00
0281-441-28 $2,366.00
0281-441-29 $2,266.00
0281-441-30 $2,366.00
0281-441-31 $2,266.00
0281-441-32 $2,366.00
0281-441-33 $2,266.00
0281-441-34 $2,366.00
0281-441-35 $2,266.00
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
Packet Pg. 542
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0281-441-36 $2,366.00
0281-441-37 $2,266.00
0281-441-38 $2,433.00
0281-441-39 $2,433.00
0281-441-40 $2,433.00
0281-441-41 $2,433.00
0281-441-42 $2,433.00
0281-441-43 $2,433.00
0281-441-44 $2,366.00
0281-441-45 $2,266.00
0281-441-46 $2,366.00
0281-441-47 $2,266.00
0281-441-48 $2,366.00
0281-441-49 $2,366.00
0281-441-50 $2,266.00
0281-441-51 $2,366.00
0281-441-52 $2,366.00
0281-441-53 $2,366.00
0281-441-54 $2,366.00
0281-442-01 $2,366.00
0281-442-02 $2,366.00
0281-442-03 $2,266.00
0281-442-04 $2,366.00
0281-442-05 $2,366.00
0281-442-06 $2,266.00
0281-442-07 $2,366.00
0281-442-08 $2,366.00
0281-442-09 $2,266.00
0281-442-10 $2,366.00
0281-442-11 $2,366.00
0281-442-12 $2,366.00
0281-442-13 $2,266.00
0281-442-14 $2,366.00
0281-442-15 $2,366.00
0281-442-16 $2,366.00
Packet Pg. 543
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET)

SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0281-442-17 $2,366.00
0281-442-18 $2,366.00
0281-442-19 $2,433.00
0281-442-20 $2,433.00
0281-442-21 $2,433.00
0281-442-22 $2,433.00
0281-442-23 $2,433.00
0281-442-24 $2,433.00
0281-442-25 $2,433.00
0281-442-26 $2,433.00
0281-442-27 $2,433.00
0281-442-28 $2,433.00
0281-442-29 $2,433.00
0281-442-30 $2,433.00
0281-442-31 $2,433.00
0281-442-32 $2,433.00
0281-442-33 $2,366.00
0281-442-34 $2,266.00
0281-442-35 $2,366.00
0281-442-36 $2,266.00
0281-442-37 $2,366.00
0281-442-38 $2,266.00
0281-442-39 $2,366.00
0281-442-40 $2,366.00
0281-442-41 $2,366.00
0281-442-42 $2,366.00
Packet Pg. 544

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;
Rolland Kornblau, Director of Information Technology
Department: Information Technology
Subject: Amendment No. 2 to Agreement with California Computer Options, Inc. (All Wards)
Packet Pg. 545

Page 2 ends

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize Amendment No. 2 to the Professional Service Agreement with California Computer Options Inc., for information technology assistance in the City’s migration to Office 365 and related server and other required upgrades.

Background
The City has been working to upgrade information technology infrastructure to improve connectivity, security, customer service, and responsiveness. In conjunction with the upgrade in September 2020, licenses for Microsoft Office 365 (O365), a cloud-based platform, was purchased. Migration to O365 was halted due to unforeseeable challenges with the City’s on-site server system, connectivity, and required infrastructure upgrades. In April 2021, the City contracted with California Computer Options, Inc., to assist with implementation of the migration. Staff initially estimated the cost for the migration assistance at $28,750 with a not-to-exceed amount of $49,999; however, additional services were required in the migration. On September 15, 2021, the Mayor and City Council adopted Resolution No. 2021-234, authorizing an amendment to the Professional Service Agreement (PSA) with California Computer Options, Inc. in the amount of $10,000 bringing the contract not-to-exceed amount to $59,999.

Discussion
At this time, the services provided have exhausted the purchase order amount of $59,999 and additional funding of $34,500 is necessary to continue with the work already in progress. Staff is recommending the execution of Amendment No. 2 to the Professional Services Agreement with California Computer Options Inc., and to increase the purchase order to an amount not-to-exceed $94,999. Amending the contract will allow O365 to operate in the cloud without connectivity or security issues along with continued IT support by California Computer Options Inc., to finalize the migration. 2021-2025 Key Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No. 2b: Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness.

Financial Impact
The amount of the amendment to this contract, $34,500, is included in the FY 2022/23 Information Technology operating budget. There are no additional funds needed.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize Amendment No. 2 to the Professional Service Agreement with California Computer Options Inc., for information technology assistance in the City’s migration to Office 365 and related server and other required upgrades.

Attachments
Attachment 1 - Estimate - Services and Costs
Attachment 2 - California Computer Options First Amendment - Exhibit A - Scope of Services & Compensation
Attachment 3 - Resolution No. 2021-234
Attachment 4 - Second Amendment - California Computer Options PSA Packet Pg. 546

Page 3 ends

Ward: All Wards
Synopsis of Previous Council Actions
September 15, 2021 The Mayor and City Council adopted Resolution No. 2021-234 to amend the Public Service Agreement with California Computer Options, Inc., for information technology assistance in the City's migration to Office 365 and related server and other required.

Packet Pg. 547

DESCRIPTION PRICE QTY SUBTOTAL
Supplemental IT Support Project:

Microsoft 365 Remaining Project Tasks,
Priority Remediation, Recommended IT
Support
See attached detail summary
Block hour contract:
• Priority support for
Supplemental IT Support and/
or other IT support.
• 365 days to use hours
• 300 hour block contract
• Discounted hourly rate $115/
hour (Regular hourly rate $150/
hour)
• Hours over 400 hour block
contract are billable at the
discounted rate of $115/hr. for
the duration of this project.
$115 300 $34,500
Total per hour $0
Total $34,500
1 Estimate
Packet Pg. 548

1.The above reference items are New, and include shipping and Tax, unless otherwised specified.

Prices are good for 30 days, unless otherwised specified.

2.If you have any questions at all, please let us know. We're happy to clarify any points and there may be some items that we can sort out together. We're committed to finding the best way to work together.

3.Once you feel confident about everything and are ready to move forward, please click the 'sign here' button below.

4.Once we receive notification of your acceptance, we'll contact you shortly to sort out next steps and get the project rolling.

5.If you'd like to speak to us by phone, don't hesitate to call 909-793-6338 Authorized representatives of the parties hereby execute this Request for Quotation and if price and terms are acceptable, Then CCO will prepare the proforma invoice. ______________________________________
Rolland Kornblau, City of San Bernardino
Brad McDermith, California Computer Options, Inc.
2 Signature
Packet Pg. 549
Packet Pg. 550
Packet Pg. 551
Packet Pg. 552
Packet Pg. 553
Packet Pg. 554
Packet Pg. 555

SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF SAN BERNARDINO AND

CALIFORNIA COMPUTER OPTIONS, LLC
This Second Amendment to the Professional Services Agreement (“Second Amendment”) is made into and entered into this 20th day of July 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 ("City"), and California Computer Options, LLC, a limited liability company, with its principal place of business at 447 Missouri Court, Redlands, CA 92373 (hereinafter referred to as "Consultant"). City and Consultant are hereinafter sometimes referred to individually as "Party" and collectively as the "Parties."

RECITALS
A. WHEREAS, the City and the Consultant entered into a Professional Services Agreement, dated April 30, 2021, to assist the City Information Technology Department in the migration to Office 365 including any required upgrades to critical infrastructure (the “Master Agreement”).

B. WHEREAS, the City and the Consultant entered into the First Amendment to the Master Agreement, dated September 15, 2021, for the purpose of providing additional support services to the City and including additional funds for the additional support services.

C. WHEREAS, the Parties now wish to amend the Master Agreement in order to:
add additional professional services and support options, include additional funds for the performance of the additional services, and provide a specific termination date for the term of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Second Amendment and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Services. The Services, as that term is outlined in the Master Agreement, shall be amended to provide the City with additional professional services, as more fully described in Scope of Services attached hereto as Exhibit “A”, attached to this Second Amendment and incorporated herein by reference. These additional support services shall be billed at the rates set forth in Exhibit “A”.

3. Compensation. The compensation for Services performed pursuant to this Second Amendment shall not exceed Thirty Four Thousand Five Hundred Dollars ($34,500), thereby Packet Pg. 556
increasing the total not to exceed compensation of the Master Agreement to the amount of Ninety Four Thousand Four Hundred Ninety Nine Dollars ($94,499).

4. Amendment to Section 6 – Term of the Master Agreement. Section 6 – Term of the Master Agreement shall be revised as follows:

6. Term. This Agreement shall commence on the Effective Date and continue through October 31, 2022, unless the Master Agreement is previously terminated as provided for herein.

5. Full Force. Except as amended by this Second Amendment, all provisions of the Master Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Second Amendment.

6. Electronic Transmission. A manually signed copy of this Second Amendment which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Second Amendment for all purposes. This Second Amendment may be signed using an electronic signature.

7. Counterparts. This Second Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 557

SIGNATURE PAGE FOR

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

CALIFORNIA COMPUTER OPTIONS, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field,
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

CALIFORNIA COMPUTER OPTIONS,
LLC
Brad McDermith,
Chief Executive Officer
Packet Pg. 558
EXHIBIT “A”

SCOPE OF SERVICES/COMPENSATION
[ATTACHED]
Packet Pg. 559

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Purchase of patrol vehicle equipment
Recommendation
Authorize the Finance Department to issue a purchase order to DuraTech USA for up to $185,000 for the purchase of patrol vehicle equipment.

Background
Each year, the Police Department’s budget includes funds for the purchase of police vehicles. After purchase of the vehicles from the dealership, those vehicles designated for patrol purposes require the installation of specialized equipment to make them ready for field deployment. Some of the equipment is available for order through the vendor that currently installs the equipment, however, the Police Department has identified alternative vendors who are capable of supplying computer equipment and mounting hardware for a lower cost than the installer can offer. As a result of this price difference, the Police Department has taken advantage of the opportunity for cost savings by purchasing computers, software licenses, and vehicle mounting equipment through these alternative vendors. That equipment is then provided to the installer, reducing the overall equipment costs for each patrol vehicle.

Discussion
On April 13, 2022, the Finance Department posted a bid solicitation regarding the purchase of equipment for police patrol vehicles. The bid solicitation was open for two weeks and six bids were received before the process closed on April 27, 2022. The bids were reviewed to ensure that all of the equipment was included in the bid responses and that the items were a correct match for those requested by the Police Department. During the review process two bids failed to meet those requirements and were disqualified from consideration. One of the disqualified vendors was unable to supply all of the equipment requested. Further research into the second disqualified vendor’s bid revealed the bid included substitute computer equipment that did not meet the Police Department’s needs. The table below lists the results from the remaining Packet Pg. 560
four vendors.

Vendor Meets Specifications Cost
DuraTech USA Yes $182,486.25
RCN Communications LLC Yes $198,825.25
Derotic LLC Yes $227,490.30
Technology International Inc. Yes $230,826.21
Based on cost, the ability to meet bid specifications, and capability of supplying all of the equipment requested, staff recommends DuraTech USA be selected as the best value vendor for the purchase of patrol vehicle equipment. 2021-2025 Key Strategic Targets and Goals
Selection of the vendor capable of providing the equipment requested at the lowest cost aligns with Key Target No. 1c: Improved Operational & Financial Capacity - Implement, maintain, and update a fiscal accountability plan. The open bid process and selection of DuraTech USA is consistent with maintaining fiscal accountability.

Fiscal Impact
The fiscal impact to the City involves the expenditure of up to $185,000. Sufficient funding was allocated in the Fiscal Year 2022/2023 Adopted Budget for this expense.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Department to issue a purchase order to DuraTech USA for up to $185,000 for the purchase of patrol vehicle equipment.

Attachments
Attachment 1 Duratech Bid
Attachment 2 Duratech Purchase Agreement
Ward: All
Synopsis of Previous Council Actions:

June 1, 2022 Mayor and City Council passed resolution 2022-102, adopting the FY 2022/2023 budget.

March 1, 2022 Mayor and City Council passed resolution 2022-49, approving issuing a purchase order to Fairview Ford for the purchase of police vehicles.

Packet Pg. 561
Packet Pg. 562
Packet Pg. 563
Packet Pg. 564
Packet Pg. 565
Packet Pg. 566
Packet Pg. 567
Packet Pg. 568
Packet Pg. 569
Packet Pg. 570
Packet Pg. 571
Packet Pg. 572
Packet Pg. 573
Packet Pg. 574
Packet Pg. 575
Packet Pg. 576
Packet Pg. 577
Packet Pg. 578
Packet Pg. 579
Packet Pg. 580
Packet Pg. 581
Packet Pg. 582
Packet Pg. 583
Packet Pg. 584
Packet Pg. 585
Packet Pg. 586
Packet Pg. 587
Packet Pg. 588
Packet Pg. 589
Packet Pg. 590
Packet Pg. 591
Packet Pg. 592
Packet Pg. 593
Packet Pg. 594
Packet Pg. 595
Packet Pg. 596
Packet Pg. 597
Packet Pg. 598
Packet Pg. 599
Consent Calendar
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance
Subject: Final Reading and Adoption of Ordinance No. MC-1582 – Annexation No. 17 (Ward 3)
Recommendation
Adopt Ordinance No. MC-1582 of the Mayor and City Council of the City of San Bernardino 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).

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 July 20, 2022, the Mayor and City Council introduced, read by title only, and waived further reading of Ordinance No. MC-1582. 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.

Fiscal Impact
Packet Pg. 600
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. 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 No. MC-1582 of the Mayor and City Council of the City of San Bernardino 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).

Attachments
Attachment 1 Ordinance No. MC-1582 (Ordinance Levying Special Taxes) Attachment 2 Exhibit A – Description of Services
Attachment 3 Exhibit B – Description of Territory
Attachment 4 Project Location Map
Ward: 3
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “MelloRoos Community Facilities Act of 1982.” July 17, 2019 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 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 Mayor and City Council conducted the final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019- 20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

April 6, 2022 Mayor and City Council adopted Resolution No. 2022-71, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Packet Pg. 601
Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” July 20, 2022 Mayor and City Council adopted Resolution No. 2022-106 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. 17), and adopted Resolution No. 2022-107 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 17); and introduced Ordinance No. MC-1582 amending Ordinance No. MC-1522.

Packet Pg. 602
Ordinance No. MC-1582
ORDINANCE NO. MC-1582

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

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

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

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on June 1, 2022, at the time and place specified in said published and mailed notice, the City Council opened 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. The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, Packet Pg. 603
Ordinance No. MC-1582
authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

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

SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof.

SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

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

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

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

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

John Valdivia, Mayor
Packet Pg. 604
Ordinance No. MC-1582
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 605
Ordinance No. MC-1582

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-1582, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 20th day of July 2022. Ordinance No. MC-1582 was approved, passed, and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 606

EXHIBIT A

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

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

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

Packet Pg. 607

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of June 15, 2022)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
and 0261-062-11 thru -14
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC 0261-181-16, -17
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27
(Por.), 0137-052-46, 0274-011-11,
-12, -34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 To Be Determined
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
Packet Pg. 608

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 18
   
 Packet Pg. 609
Consent Calendar
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Subject: Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 22, Tax Zone No. 23 (1300 E Highland) (Ward 7)
Recommendation
Adopt Resolution No. 2022-171 of the Mayor and City Council of the City of San Bernardino, California, declaring the 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. 22) and authorizing the levy of 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 on 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 on the City due to development.

Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax on 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, authorizing the City to (1) hold the election and declare the election Packet Pg. 610
results; (2) shorten the election time requirements; (3) waive analysis and arguments; and (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.

The public facilities and services proposed to be financed within the territory to be annexed to the District are as follows:

1. Public lighting and appurtenant facilities, including streetlights within public rightsof-way and traffic signals;

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

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

The proposed development includes approximately 4.63 gross acres of a commercial lot.

The intended use is a self-storage facility. The property is located south of the 210 Freeway, north of E Highland Ave between N. Golden Ave. and Mountain Ave. North. At build out this development will create 4.16 net taxable acres of commercial property as a new Tax Zone (No. 23) 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. 23), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $847 per acre for FY 2022/23.

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 the City’s 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.  Resolution declaring the results of the election and directing the recording of the notice of special tax lien.

Packet Pg. 611
 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 will be scheduled for September 21, 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 ensuring 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 $3,518 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
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-171, declaring the 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. 22) and authorizing the levy of special taxes therein.

Attachments
Attachment 1 Resolution of Intention No. 2022-171
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
Packet Pg. 612
Attachment 8 Exhibit G - Special Election Ballot
Attachment 9 Project Map
Attachment 10 Maintenance Exhibit
Ward: 7
Synopsis of Previous Council Actions:

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. 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.

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.

Packet Pg. 613
Resolution No. 2022-171
Resolution 2022-171
August 3, 2022

Page 1 of 4 ends

RESOLUTION NO. 2022-171

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. 22) 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. 614
Resolution No. 2022-171
Resolution 2022-171
August 3, 2022

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. 22, 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 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.

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, September 21, 2022, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418, 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.

Packet Pg. 615
Resolution No. 2022-171
Resolution 2022-171
August 3, 2022

Page 3 of 4 ends

SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday September 21, 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 3rd day of August 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 616
Resolution No. 2022-171
Resolution 2022-171
August 3, 2022

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. 2022-171, adopted at a regular meeting held on the 3rd day of August 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 617

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. 22 is currently comprised of 5 parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0150-471-04 1300 E Highland Ave LLC
0150-471-05 1300 E Highland Ave LLC
0150-471-06 1300 E Highland Ave LLC
0150-471-07 1300 E Highland Ave LLC
0150-471-08 1300 E Highland Ave LLC
Packet Pg. 618

EXHIBIT B

Packet Pg. 619

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.

Packet Pg. 620
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. 621
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. 622
City of San Bernardino 4
Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non‐Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi‐family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s Packet Pg. 623
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:

Packet Pg. 624
City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

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

TABLE 3

MAXIMUM SPECIAL TAX A RATES

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

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)
Packet Pg. 625
City of San Bernardino 7
Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category.   The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel.   The Administrator's allocation to each type of property shall be final. b.   Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

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

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Packet Pg. 626
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. 627
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).

Packet Pg. 628
City of San Bernardino 10
Community Facilities District No. 2019‐1 (Maintenance Services)

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

Packet Pg. 629
City of San Bernardino 11
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX A

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

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

TAX ZONE 23
TR 4592
Item Description Estimated Cost
1 Lighting $200
2 Streets $2,288
3 Reserves $30
4 Admin $1,000
Total $3,518
Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1 Tax Zone 24.

TAX ZONE 23 (CONTINGENT SERVICES)
TR 4592
Item Description Estimated Cost
1 Drainage $287
2 Reserves $43
3 Admin $1,000
Total $1,330
TAX ZONE 23
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $847 $320
TAX ZONE 23
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $887 $0

Packet Pg. 630
City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services)

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

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

Packet Pg. 631
City of San Bernardino 13
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX B

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

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

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

Packet Pg. 632
City of San Bernardino 14
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Pg. 633
MONTE

VISTA D

HIGHLAND AVE R

ORCHID DR
0150-471-07
0150-471-08
0150-471-05
0150-471-06
0150-471-04
ANNEXATION MAP NO. 22
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 23
^_
·|þ}18
·|þ}210
§¨¦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 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
23 LEGEND

CITY BOUNDARYPARCEL LINE

XXXX-XXX-XX ASSESSOR PARCEL NUMBER
23 TAX ZONE

EXHIBIT D
   
 Packet Pg. 634
 
  
 Packet Pg. 635

EXHIBIT E
Packet Pg. 636
Packet Pg. 637
Packet Pg. 638
Packet Pg. 639
Packet Pg. 640
Packet Pg. 641
Packet Pg. 642
1300 E Highland Ave LLC
Charles Brown April 27, 2022
Authorized Signatory
Packet Pg. 643

EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 22)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on August 3, 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 21, 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 21, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.

DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2022
Packet Pg. 644

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 22
(September 21, 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
1300 E Highland Ave LLC 4.63 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.

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

Mail
Delivery:

Personal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than September 7, 2022, two calendar weeks prior to the date set for the election.

Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 21, 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 21, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 645
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
1300 E Highland Ave LLC
Attn: Charles Brown
19191 South Vermont Ave, Suite 680
Torrance, CA 90502
0150-471-04, 0150-471-05, 0150-471-06,
0150-471-07, 0150-471-08

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 August 3, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 22 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__.

Charles Brown
Authorized Signatory
Signature
Print Name
Title
Packet Pg. 646

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 23
   
 Packet Pg. 647

E HIGHLAND AVE
APN: 0150-471-4,05,06,07 - CFD AND POA MAINTENANCE SITE PLAN EXHIBIT NORTH

CFD MAINTENANCE AREA

SIDEWALK

EXTERIOR STREETEXISTING TREEPROPOSED STREET LIGHT
3586 SF = 0.08 AC
11298 SF = 0.26 AC1 EA
2 EA
SHEET 1
OF 1

POA MAINTENANCE AREA

STREETSCAPE FRONTAGECURB-O-LET SIDEWALK DRAINSTORM DRAIN PIPE 2759 SF = 0.06 AC265 LF
50 LF
   
 Packet Pg. 648

Page 1 ends

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 3, 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: Establish a “No Parking 6 PM to 6 AM” Parking Restrictions on the Westside of State Route 18 (SR-18) Turnout South of Old Waterman Canyon Road (Ward 4)
Recommendation
Adopt Resolution No. 2022-172 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 3985 entitled, in Part, “A Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof…” to establish a “No Parking 6PM to 6AM” Parking Restriction on the Westside of State Route 18 (SR-18) Turnout South of Old Waterman Canyon Road.

Background
The Traffic Engineering Section of the Public Works Department has been working and coordinating with the California Department of Transportation in addressing recreation vehicles that park overnight and camp along the State Route 18 turnout. Overnight parking increases the potential for roadside encampments which can spark devasting fires in an area that is considered Very High Fire Hazard Severity Zones (VHFHSZ).

Discussion
State Route 18 (SR-18) runs about 117 miles and is the primary route into the San Bernardino Mountains beginning at 40th Street in the northerly limits of the City Limits.

Due to scenic views of the mountains, visitors have used both paved and unpaved shoulders, and turnouts to park overnight and set up temporary campsites.

In order to prohibit overnight parking on SR-18 turnout areas as depicted in the attached location map (Attachment 2); the California Department of Transportation requires the local agency to adopt a resolution pursuant to Vehicle Code section 22506 (Attachment 3). Adoption of this resolution will allow the necessary enforcement by San Bernardino Police Department which will control overnight parking and help mitigate fire hazards and illegal activities. Signs and the signposts will be installed by the California Department of Transportation and there is no financial impact to the City of San Bernardino. Packet Pg. 649

Page 2 ends

The City must designate roadways as Through Highways in order to implement traffic control measures. Staff sought concurrence and recommendation from the Public Safety and Human Relations Commission to request Mayor and City Council designate these roadways as Through Highways and authorize the installation of the parking restrictions.

At the June 13, 2022, PS&HR meeting staff presented the commission with a copy of the draft resolution of proposed parking restrictions included in this report. After discussion, the commission voted in favor of forwarding the recommended parking restrictions for SR-18 to the Mayor and City Council for consideration. 2021-2025 Key Strategic Targets and Goals
The proposed Resolution to establish a “No Parking Fire Lane Zone” program aligns with Goal No. 1e: Minimize risk and litigation exposure. The project will utilize City programs to reduce crime and ensure that neighborhoods and business areas are safe.

Financial Impact
There is no general Fund impact. The material and labor for the sign installation will be provided by the California Department of Transportation (CalTrans).

Conclusion
Adopt Resolution No. 2022-172 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 3985 entitled, in Part, “A Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof…” to establish a “No Parking 6PM to 6AM” Parking Restriction on the Westside of State Route 18 (SR-18) Turnout South of Old Waterman Canyon Road.

Attachments
Attachment 1 Resolution No. 2022-172
Attachment 2 Location Map
Attachment 3 California Vehicle Code 22506
Ward: Fourth Ward
Synopsis of Previous Council Actions: None
Packet Pg. 650
Resolution No. 2022-172
Resolution 2022-172
August 3, 2022

Page 1 of 4 ends

RESOLUTION NO. 2022-172

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART,
“A RESOLUTION… PROHIBITING PARKING UPON

CERTAIN DESIGNATED STREETS, ALLEYS OR
PORTION THEREOF…” TO ESTABLISH A “NO PARKING
6 PM TO 6 AM ” ZONE ON THE WESTSIDE OF STATE
ROUTE 18 (SR-18) TURNOUT SOUTH OF OLD

WATERMAN CANYON ROAD
WHEREAS, the Traffic Engineering Division of the Public Works Department has received and evaluated the request to install traffic control on the Westside of State Route 18 (SR-18) turnout south of Old Waterman Canyon Road ; and WHEREAS, the City now desires to install traffic control through the posting of “No Parking 6 PM to 6 AM” on the Westside of State Route 18 (SR-18) turnout south of Old Waterman Canyon Road ; and
WHEREAS, any determinations made by the City Engineer to implement parking restrictions for areas great than 50 feet in length, require approval from the Mayor and City Council; and
WHEREAS, these roadways have been previously been designated as Through Highways in accordance with the Vehicle Code of the State of California to meet eligibility for installation of traffic control measures; and
WHEREAS, installation of traffic control in the form of “No Parking 6 PM to 6 AM” on these roadway segments will enhance traffic safety at this locations; and WHEREAS, State Route 18 (SR-18) contains wide area, that are used for turnouts located in Very High Fire Hazard Severity Zone (VHFHSZ) where there is a potential for roadside encampments to spark devasting fires ; and
WHEREAS, overnight parking on State Route 18 (SR-18) can lead to roadside encampment and become a public safety threat; and
WHEREAS, pursuant to California Vehicle Code section 22506, the Mayor and City Council is authorized to establish parking restrictions on a state highway; and Packet Pg. 651
Resolution No. 2022-172
Resolution 2022-172
August 3, 2022

Page 2 of 4 ends

WHEREAS, the Mayor and City Council desires to establish a parking restriction on State Route 18 (SR-18) pursuant to Vehicle Code section 22506.

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

SECTION 1. For the purpose of establishing a “No Parking 6 PM to 6 AM”, pursuant to San Bernardino Municipal Code Section 10-16.020 on the Westside of State Route 18 (SR-18) turnout south of Old Waterman Canyon Road , Resolution No. 3985, which prohibits parking upon certain designated streets or portions thereof, Section one, Subsection (38) Waterman Avenue is amended by adding Subsection “U”, to read as follows:
“(38) Waterman Avenue
(U) Turnout south of Old Waterman Canyon Road , applicable to the Westside”
SECTION 2. 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 3. 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 4. 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 3rd day of August 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

Packet Pg. 652
Resolution No. 2022-172
Resolution 2022-172
August 3, 2022

Page 3 of 4 ends

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

Sonia Carvalho, City Attorney
Packet Pg. 653
Resolution No. 2022-172
Resolution 2022-172
August 3, 2022

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. 2022-172, adopted at a regular meeting held on the 3rd day of August 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 654
N
0 30' 60' MOCK UP AREA MAP CA-18 DIRT MEDIAN SCALE: 1"=30' LEGEND PROPOSED SIGN 164' TYP. 150' TYP.

OLD WATERMAN CANYON RD
CA-18

OLD WATERMAN

CANYON RD
   
 Packet Pg. 655
Packet Pg. 656
City of San Bernardino
Request for Council Action

CONSENT CALENDAR
Date: August 3, 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 - Pepper Avenue Street Improvement Project (Ward 3, 6)
Recommendation:

Adopt Resolution No. 2022-173 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the award of a construction contract with Hillcrest Contracting, Inc., in the amount of $5,553,697 for the Pepper Avenue Street improvement Project; and

2. Authorizing and directing the City Manager to execute the Administrative Settlement Agreement regarding partial purchase of 795 N. Pepper Ave., San Bernardino, California: APN: 0142-344-24; and

3. Authorizing the Agency Director of Administrative Services to issue payment in the amount not to exceed $14,000 to satisfy the terms of the Administrative Settlement Agreement regarding the partial purchase of 795 N. Pepper Ave., San Bernardino, California; and

4. Authorizing construction, construction contingencies and inspection costs in the total amount of $6,610,000 for the Pepper Avenue street improvement project; and

5. Authorizing the City Manager or designee, to execute all documents for the construction of the Pepper Avenue street improvement project with Hillcrest Contracting, Inc.; and

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

Background:

The City of San Bernardino is responsible for maintaining streets citywide. In March 2020, a Pavement Management Analysis (PMA) was completed which used scientific Packet Pg. 657
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 require complete removal and replacement.

This project is a joint project with City of Rialto. The Agreement was entered into on May 6, 2020, in the State of California by and between the City of San Bernardino and the City of Rialto. The City of San Bernardino is designated as the lead agency of the project. The City of Rialto will reimburse the City of San Bernardino 50% of the projects, design, administration, and Inspection costs.

In anticipation of this work, the Pepper Ave. Street Improvement project was included in the Fiscal Year 2022/23 Capital Improvement Plan (CIP), and was adopted on June 1, 2022, by the Mayor and City Council. The CIP established Measure I funding in the amount of $7,500,000 for the rehabilitation of streets between Base Line Rd. and Mill St.

Plans and specifications were prepared, with the proposed scope of work at the locations to include pavement rehabilitation, providing missing sidewalks and ADA access ramps.

Discussion:

Project No.13509 to provide pavement rehabilitation, was advertised for public bidding on May 10, 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 June 2, 2022. The City received three bids as follows:

Bidder City Base Bid
Hillcrest Contracting, Inc. Corona $5,553,697
All American Asphalt, Inc. Corona $6,405,575
Matich Corporation San Bernardino $6,624,705
The City has reviewed the bid package and confirmed that Hillcrest Contracting, Inc. of Corona, California, is the lowest responsible and responsive bidder, with a total bid amount of $5,553,697. If awarded by the Mayor and City Council, construction work is anticipated to begin in September 2022 and be completed by December 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 will result in public improvements being constructed that minimize risk and litigation exposure through upgrading the existing pavements within the City.

Packet Pg. 658
Financial Impact:

There is no General Fund impact associated with this action. The budget for the proposed work was previously established through the adopted Fiscal Year 2022/23 Capital Improvement Plan using Measure I funds in the amount of $7,500,000.

Total Project Funding $7,500,000
The overall cost of the improvement work breakdown is as follows:

Construction Bid Amount $5,553,697
Construction Contingency $ 556,303
Engineering and Inspections $ 500,000
Total Project Cost $6,610,000
Conclusion:

Adopt Resolution No. 2022-173 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the award of a construction contract with Hillcrest Contracting, Inc., in the amount of $5,553,697 for the Pepper Avenue Street improvement Project; and

2. Authorizing and directing the City Manager to execute the Administrative Settlement Agreement regarding partial purchase of 795 N. Pepper Ave., San Bernardino, California: APN: 0142-344-24; and

4. Authorizing construction, construction contingencies and inspection costs in the total amount of $6,610,000 for the Pepper Avenue street improvement project; and

5. Authorizing the City Manager or designee, to execute all documents for the construction of the Pepper Avenue street improvement project with Hillcrest Contracting, Inc.; and

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

Attachments:

Attachment 1 Resolution No. 2022-173
Attachment 2 Contract Agreement
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Attachment 6 Attachment 6 - Sosa Avila Trust - Easement Purchase Agreement Packet Pg. 659
Wards: 3,6
Synopsis of Previous Council Actions:

June 1, 2022 Mayor and City Council adopted Resolution No. 2021-102 approving Capital Improvement Program FY 2022/23.

Packet Pg. 660
Resolution No. 2022-173
Resolution 2022-173
August 3, 2022

Page 1 of 4 ends

RESOLUTION NO. 2022-173

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE AWARD OF A CONSTRUCTION
CONTRACT WITH HILLCREST CONTRACTING, INC., IN
THE AMOUNT OF $5,553,697 FOR THE PEPPER AVENUE
STREET IMPROVEMENT PROJECT; AND

AUTHORIZING AND DIRECTING THE CITY MANAGER

TO EXECUTE THE ADMINISTRATIVE SETTLEMENT
AGREEMENT REGARDING PARTIAL PURCHASE OF 795
N. PEPPER AVE, SAN BERNARDINO, CALIFORNIA: APN:
0142-344-24; AND AUTHORIZING THE AGENCY

DIRECTOR OF ADMINISTRATIVE SERVICES TO ISSUE A
CHECK FOR $14,000 TO SATISFY THE TERMS OF THE

ADMINISTRATIVE SETTLEMENT AGREEMENT
REGARDING THE PARTIAL PURCHASE OF 795 N.

PEPPER AVE, SAN BERNARDINO CALIFORNIA; AND

AUTHORIZING CONSTRUCTION, CONSTRUCTION

CONTINGENCIES AND INSPECTION COSTS IN THE
TOTAL AMOUNT OF $6,610,000 FOR THE PEPPER
AVENUE STREET IMPROVEMENT PROJECT; AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE, TO

EXECUTE ALL DOCUMENTS FOR THE CONSTRUCTION

OF THE PEPPER AVENUE STREET IMPROVEMENT
PROJECT WITH HILLCREST CONTRACTING, INC.; AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE, TO

EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO
COMPLETE THE PROJECT.

WHEREAS, the City of San Bernardino is responsible for maintaining streets citywide; there are street segments within the City that underwent a Pavement Management Analysis (PMA) and require pavement rehabilitation and replacement of missing sidewalk and ADA access ramps; and
WHEREAS, on May 6, 2020, the Mayor and City Council approved an Agreement with the City of Rialto for Pepper Street Rehabilitation Project. the Agreement named the City of San Bernardino as the lead agency for the design and construction of the project. the City of Rialto to reimburse the City of San Bernardino with 50% of the Construction, design, administration, and inspection costs.

Packet Pg. 661
Resolution No. 2022-173
Resolution 2022-173
August 3, 2022

Page 2 of 4 ends

WHEREAS, on June 1, 2022, the Mayor and City Council adopted the FY 2022/2023 Capital Improvement Plan (CIP), establishing the funding for the design and construction of the Pepper Ave. Street Improvement project; and
WHEREAS, in May and June 2022, staff administered a competitive process for Construction of Pepper Ave. Street Improvement Project 13509 (“Project”) between Base Line Street and Mill Street, resulting in four construction cost submittals: and WHEREAS, Hillcrest Contracting, Inc., of Corona, 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 Hillcrest Contracting, Inc. of Corona, California, in the amount of $5,553,697 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 Pepper Ave. Street Improvement project with Hillcrest Contracting, Inc., of Corona, California, for Project No. 13509 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 issue a purchase order in the amount of $5,553,697 to Hillcrest Contracting, Inc., of Corona, California, in support of the Construction Agreement.

SECTION 4. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to issue a check for $14,000 to satisfy the terms of the Administrative Settlement Agreement regarding the purchase of 795 N. Pepper Ave., San Bernardino, California, 92376.

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 pavement rehabilitation . Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered Packet Pg. 662
Resolution No. 2022-173
Resolution 2022-173
August 3, 2022

Page 3 of 4 ends

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 pavement rehabilitation 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 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 3rd day of August 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 663
Resolution No. 2022-173
Resolution 2022-173
August 3, 2022

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. 2022-173, adopted at a regular meeting held on the 3rd day of August 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 664

CONTRACT

AGREEMENT
Packet Pg. 665

A G R E EM E N T

CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this 20th day of July 2022, between the City of San Bernardino (owner and hereinafter "CITY"), and Hillcrest Contracting, Inc. (hereinafter "CONTRACTOR").

1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the

PEPPER AVENUE STREET IMPROVEMENT PROJECT
Project No. 13509
in strict conformity with Plans and Special Provisions Project No. 13509, and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised “Notice Inviting Sealed Bids” for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof.

2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them.

3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate.

A-1
Packet Pg. 666
AGREEMENT: PEPPER AVENUE STREET IMPROVEMENT PROJECT -
Project No. 13509

4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained.

5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control, and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith.

IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned.

CONTRACTOR CITY OF SAN BERNARDINO
NAME OF FIRM:

HILLCREST CONTRACTING, INC. BY: ________________________________ ROBERT D. FIELD
City Manager
BY: _______________________________
TITLE: ATTEST:

MAILING ADDRESS:
1467 Circle City Drive _____________________________

GENOVEVA ROCHA, CMC
Corona, California 92879___________ City Clerk
___________________________________
PHONE NO.: (951)273-9600__________ APPROVED AS TO FORM:

ATTEST: _______________________________
SONIA CARVALHO, City Attorney
____________________________________
Secretary
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.

A-2
Packet Pg. 667

BID TABULATION
FOR
PEPPER AVE. STREET IMPROVEMENT
PLAN NO. 13509
BID OPENING: 2:00 P.M., JUNE 2, 2022
FILE: ACCT NO. 129-160-5504-8713-0025
Item
No.

BID ITEM

DESCRIPTION
Estimated
Quantity Unit
BID SCHEDULE Unit Price Total Unit Price Total Unit Price Total 1 Mobilization 95% Maximum) 1 LS 168,000.00 168,000.00 254,000.00 254,000.00 324,000.00 324,000.00 2 Traffic Control & Construction Phasing, Including (4) Electronic Message Signs 1 LS 165,000.00 165,000.00 370,000.00 370,000.00 690,000.00 690,000.00 3 Stormwater Pollution and Prevention Plan (SWPPP) Preparation& Implementation and NPDES Compliance 1 LS 25,000.00 25,000.00 16,000.00 16,000.00 20,400.00 20,400.00 4 Construction Survey and Monumentation 1 LS 79,000.00 79,000.00 82,500.00 82,500.00 10,500.00 10,500.00 5(F) Saucut & Remove Roadway Section & Miscellaneous PCC as Required (Thickness per Plans & Typical Section) 275 CY 96.00 26,400.00 137.00 37,675.00 118.00 32,450.00 6(F) Sawcut & Remove Excess Pulverized Material (Thickness per Typical Section) 13,500 CY 33.00 445,500.00 73.00 985,500.00 56.00 756,000.00 7 Cold Mill Ex. Pavement 1.5 " & Construct 1.5" AC Overlay per Detail B ob sheet 2 of Plans (C2 PG 70-10, 100% Max. RAP) & Crack Seal 6,000 SF 1.42 8,520.00 1.30 7,800.00 4.20 25,200.00 8 Cement Treatment (at 5 lb./SF Assumed), Including Preparation of Mix Design 2,000 TON 250.00 500,000.00 216.00 432,000.00 210.00 420,000.00 9 Asphalt Concrete (AC) Surface Course (Thickness per Typical Section) (C2 PG 70-10, 10% Max. RAP) 7,250 TON 100.00 725,000.00 99.00 717,750.00 92.00 667,000.00 10 Dense Graded Asphalt Concrete (DGAC) Base Course (Thickness per Typical Section) (B PG 70-10, 10% Max. RAP) 15,000 TON 92.00 1,380,000.00 97.00 1,455,000.00 84.00 1,260,000.00 11 Cement Stabilized Pulverized Base 77,300 SY 4.70 363,310.00 4.85 374,905.00 7.00 541,100.00 12 Adjust Water Valve Can & Cover to Grade 70 EA 870.00 60,900.00 1,030.00 72,100.00 177.00 12,390.00 13 Adjust Sewer Manhole Frame & Cover to Grade 42 EA 1,040.00 43,680.00 1,290.00 54,180.00 1,100.00 46,200.00 14 Adjust Storm Drain Manhole Frame & Cover to Grade 5 EA 1,040.00 5,200.00 1,290.00 6,450.00 1,100.00 5,500.00 15 Sawcut & Remove Ex. and Construct New 6” PCC Driveway per SPPWC Std. Plan No. 110-2 (Type & W per Plan) over 6” CMB 550 SF 25.30 13,915.00 23.50 12,925.00 26.40 14,520.00 16 Install Yellow Detectable Warning Devices per Federal & State ADA Guidelines on Existing Ramp (Surface Applied) 5 EA 960.00 4,800.00 1,200.00 6,000.00 2,200.00 11,000.00 17 Sawcut & Remove Ex. and Construct New PCC Curb Ramp per SPPWC Std. Plan No. 111-5 over 6" CMB, with Retaining Curb & Fed Yellow Detectable Warning Devices (Surface Applied) per Federal & State ADA Guidelines, Case and Type (Modified) and New 4" PCC Sidewalk over 6" CMB per SPPWC Std. Plan No. 112-2, as shown per Plans and Detail C on Sheet 2 48 EA 6,300.00 302,400.00 7,060.00 338,880.00 10,500.00 504,000.00 18 Sawcut & Remove Ex. & Construct New 4” PCC Sidewalk per SPPWC Std. Plan No. 112-2 over 6” CMB 2,400 SF 14.50 34,800.00 18.00 43,200.00 16.40 39,360.00

LOW BIDDER

HILLCREST
CONTRACTING, INC.
3RD LOW

MATICH CORPORATION
2ND LOW

ALL AMERICAN ASPHALT
Packet Pg. 668

BID TABULATION
FOR
PEPPER AVE. STREET IMPROVEMENT
PLAN NO. 13509
19 Sawcut & Remove Ex. and Construct New PCC Curb & Gutter per SPPWC Std. Plan No. 120-2 Type A2-8 (Modified Variable Curb Face, W=1.5’ Unless Otherwise Noted) over 6” CMB 850 LF 85.00 72,250.00 75.00 63,750.00 97.00 82,450.00 20 Sawcut & Remove Ex. and Construct PCC Cross Gutter per SPPWC Std. Plan No. 122- 2 (Modified per Plan) over 6” CMB 10,000 SF 25.00 250,000.00 27.50 275,000.00 33.00 330,000.00 21 Crack Seal and Construct Polymer Modified Slurry Seal 1h Type II 10,000 SF 4.20 42,000.00 2.40 24,000.00 3.30 33,000.00 22 Construct 6” AC Berm per SPPWC Std. Plan No. 121-2 Type C2-6* 60 LF 83.00 4,980.00 110.00 6,600.00 33.00 1,980.00 23 Sawcut & Remove Existing and Construct Slot Paving per Detail “A”, Sheet 2 of Plans 1,800 SF 24.90 44,100.00 11.00 19,800.00 10.50 18,900.00 24 Remove Existing Tree & Roots 5 EA 1,100.00 5,500.00 1,080.00 5,400.00 1,150.00 5,750.00 25 Adjust Water Meter Box to Grade 1 EA 360.00 360.00 622.00 622.00 370.00 370.00 26 Adjust Pull Box to Grade 11 EA 470.00 5,170.00 622.00 6,842.00 550.00 6,050.00 27 Relocate Existing Mailbox & Post 1 EA 1,470.00 1,470.00 2,600.00 2,600.00 710.00 710.00 28 Adjust Sewer Cleanout to Grade 1 EA 920.00 920.00 1,300.00 1,300.00 960.00 960.00 29 Sawcut & Remove Existing and Construct PCC Local Depression over 6” CMB per City of San Bernardino Std. 407, Type 1, L=6’, K=2’ (Modified per Plan) 81 SF 236.00 19,116.00 243.00 19,683.00 55.00 4,455.00 30 Remove Existing Fire Hydrant, Valve and Tee per SBMWD Dwg. No. 6.13. Salvage Existing Fire Hydrant and Deliver to City Water Yard as Directed by the Engineer 2 EA 14,910.00 29,820.00 15,300.00 30,600.00 15,600.00 31,200.00 31 Furnish & Install New Fire Hydrant per SBMWD Dwg. No. W2.1 and W2.2 and Connect to Existing 8” Water Main 2 EA 29,820.00 59,640.00 30,700.00 61,400.00 31,000.00 62,000.00 32 Remove Existing Water Service, Meter and Box per SBMWD Std. Dwg. No. W1.16 & Install New Water Service, Meter and Box per SBMWD Dwg. No. W1.1 and Connect to Existing House Service 1 EA 12,516.00 12,516.00 12,800.00 12,800.00 13,000.00 13,000.00 33 Traffic Signing, Thermoplastic Striping, Markings and Raised Pavement Markers 1 LS 270,000.00 270,000.00 195,000.00 195,000.00 233,000.00 233,000.00 34 Sawcut & Remove Existing Pedestrian Signal Pole & Foundation and Replace with 4” PCC Sidewalk over 6” CMB per SPPWC Std. Plan No. 112-2 2 EA 4,700.00 9,400.00 1,740.00 3,480.00 2,750.00 5,500.00 35 Remove and Salvage Existing Traffic Signal Pole and Foundation 1 EA 1,260.00 1,260.00 865.00 865.00 880.00 880.00 36 Remove and Salvage Pedestrian Push Button and Cover Hole 8 EA 315.00 2,520.00 242.00 1,936.00 110.00 880.00 37 Remove and Dispose of Existing Pull Box 6 EA 420.00 2,520.00 216.00 1,296.00 220.00 1,320.00 38 Furnish & Install Pedestrian Push Button Post and Foundation 6 EA 1,500.00 9,000.00 7,020.00 42,120.00 7,200.00 43,200.00 39 Furnish & Install Polara Bulldog APS Pedestrian Push Button or Approved Equal 8 EA 2,470.00 19,760.00 2,160.00 17,280.00 Packet Pg.2,200.00 17,600.00 669

BID TABULATION
FOR
PEPPER AVE. STREET IMPROVEMENT
PLAN NO. 13509
40 Furnish & Install #5 Pull Box 6 EA 630.00 3,780.00 1,080.00 6,480.00 1,100.00 6,600.00 41 Furnish & Install Loop Detectors. Loop Detectors shall be Type “E”, 6’ Round Loop Detectors and shall Comply with Latest CA MUTCD and Connect to Existing Conductors and DLC’s to Controller Cabinet (See Detail 4 for Loop Spacing on Sheet 15 of Plans) 69 EA 370.00 25,530.00 391.00 26,979.00 350.00 24,150.00 42 Furnish & Install Loop Detectors. Loop Detectors shall be Type “D” and shall Comply with Latest CA MUTCD and Connect to Existing Conductors and DLC’s to Controller Cabinet (See Detail 4 for Loop Spacing on Sheet 15 of Plans) 32 LF 390.00 12,480.00 421.00 13,472.00 380.00 12,160.00 43 Furnish & Install 1” Conduit (Boring) 45 LS 74.00 3,330.00 151.00 6,795.00 154.00 6,930.00 44 Furnish & Install Wiring 1 LS 7,400.00 7,400.00 4,750.00 4,750.00 4,800.00 4,800.00 45 Catch Basin Cleaning & Video Inspection of Pipes, as Directed by the Engineer 1 EA 22,700.00 22,700.00 23,300.00 23,300.00 23,800.00 23,800.00 46 Furnish & Install Certified Full Capture 18" inch Connector Pipe Screen (CPS) in Existing Catch Basin per Locations and Details in Appendix "J", "K" and "L" of these Specifications 4 EA 1,620.00 6,480.00 1,660.00 6,640.00 1,700.00 6,800.00 47 Furnish & Install Certified Full Capture 24" inch Connector Pipe Screen (CPS) in Existing Catch Basin per Locations and Details in Appendix "J", "K" and "L" of these Specifications 2 EA 2,100.00 4,200.00 2,150.00 4,300.00 2,200.00 4,400.00 48 Furnish & Install Certified Full Capture 30" inch Connector Pipe Screen (CPS) in Existing Catch Basin per Locations and Details in Appendix "J", "K" and "L" of these Specifications 3 EA 2,370.00 7,110.00 2,440.00 7,320.00 2,500.00 7,500.00 49 Southern California Regional Rail Authority (SCRRA) Railroad Coordination and Permitting, Including Insurance and Fees, per Requirements in Appendix D 1 LS 21,000.00 21,000.00 21,600.00 21,600.00 26,400.00 26,400.00 50 Caltrans Coordination and Permitting, Including Insurance and Fees, per Appendix E 1 LS 10,500.00 10,500.00 3,300.00 3,300.00 1,540.00 1,540.00 51 Remove Existing Water Service per SBMWD Std. Dwg. No. W1.16, & Install New Water Service per SBMWD Dwg. No. W1.1 or City of Rialto Std. No. W-700 and Connect to Existing Meter* 54 EA 3,990.00 215,460.00 4,100.00 221,400.00 4,200.00 226,800.00 TOTAL BID Totals $5,553,697.00 $6,405,575.00 $6,624,705.00 Packet Pg. 670
Packet Pg. 671
Packet Pg. 672
Packet Pg. 673
Packet Pg. 674
Packet Pg. 675
Packet Pg. 676
Packet Pg. 677
Packet Pg. 678
Packet Pg. 679
Packet Pg. 680
Packet Pg. 681
Packet Pg. 682
Packet Pg. 683
Packet Pg. 684
Packet Pg. 685
Packet Pg. 686
Packet Pg. 687
Packet Pg. 688
Packet Pg. 689
Packet Pg. 690
Packet Pg. 691
Packet Pg. 692
Packet Pg. 693
Packet Pg. 694
Packet Pg. 695
A- 7145

Page 1 ends

PARCEL NO.: 0142-344-24
TITLE REPORT NO.: 92016359
PROJECT: Pepper Avenue Street Rehabilitation Project

AGREEMENT FOR ACQUISITION OF REAL PROPERTY
(ESCROW INSTRUCTIONS)
THIS AGREEMENT is entered into this ________day of , 2022 by and between the City of San Bernardino, a municipal corporation and charter city (hereinafter called "Buyer"), and the Family Trust of Carlos Ricardo Sosa and Elva Avila Sosa (hereinafter called "Seller") for acquisition by Buyer of one Road Easement over real property hereinafter set forth.

IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this agreement, the following interest in property, all situated in the City of Rialto, County of San Bernardino, State of California:

A. Interest in a portion of Real Property described in Exhibit “A” and Exhibit “B”.

The legal description of the interest is identified in the referenced attachment, which is/are hereby incorporated by reference.

2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of FOURTEEN THOUSAND DOLLARS and 0/100 ($14,000.00).

The total purchase price includes: acquisition value of the property interests identified in Section 1, the Custodian fee incurred by Seller, and improvements on the property, including large trees, medium agave plants and a mailbox.

3. CONVEYANCE OF TITLE. The Preliminary Title Report shall be provided by Commonwealth Land Title Company and shall be approved in Escrow. Seller agrees to convey by Easement Deeds to Buyer marketable easements free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT:

A. All taxes for the current fiscal year prorated as per Section 5 hereinafter.

B. Quasi-public utility, public alley, public street easements, and rights of way of record.

4. POSSESSION. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Section 2 herein are Packet Pg. 696
A- 7145

Page 2 ends

deposited into the escrow controlling this transaction. The amount shown in Section 2 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.

5. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of deed to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of $14,000.00 issued by Commonwealth Land Title Company showing the title to the property vested in Buyer, subject only to the exceptions set forth in Section 3 and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore.

6. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at Commonwealth Land Title Insurance Company, 4100 Newport Place Drive, Suite 120 Newport Beach, CA 92660, 949-724-3159. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time.

Seller agrees to deposit with Escrow Agent prior to the Close of Escrow an original, fully executed and acknowledged deeds prepared by Escrow Agent and any other customary agreements, consents, or documents reasonably necessary to effectuate the purchase of the subject property. Buyer agrees to deposit the purchase price and certificate of acceptance upon demand of Escrow Agent.

Insurance policies for fire or casualty are not to be transferred, and Seller will cancel his own policies after close of escrow.

All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account.

ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE:

A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non-delinquent assessments or bonds against the property;
B. In the event this escrow closes between July 1 and November 1, and current tax information is not available from title insurer, Escrow Agent is instructed to withhold from Seller's proceeds an amount equal to 120% of the prorated amount due based upon the previous fiscal year's second half tax bill. At such time that the tax information is available, Escrow Agent shall make a check payable to the County Tax Collector for Seller's prorated portion of taxes and forward same to the Buyer and shall refund any difference to the Seller. In the event the amount withheld is not sufficient to pay Seller's prorated portion of taxes due, the Seller herein agrees to immediately pay the difference; Packet Pg. 697
A- 7145

Page 3 ends

In the event said tax information is available, Seller's taxes shall be prorated in accordance with Paragraph "C" below.

C. From the date that tax information is available, as per Paragraph "B" hereinabove, up to and including June 30th, Seller's current taxes, if unpaid, shall be prorated to date of close of escrow on the basis of a 365 day year in accordance with Tax Collector's proration requirements, together with penalties and interest, if said current taxes are unpaid after December 10 and/or April 10. At close of escrow, check payable to the County Tax Collector for Seller's prorata portion of taxes shall be forwarded to Buyer with closing statement;
D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall not be prorated between Buyer and Seller, but Seller shall have the sole right, after close of escrow, to apply to the County Tax Collector of said county for refund. This refund would apply to the period after Buyer's acquisition, pursuant to Revenue and Taxation Code Section 5096.7.

ESCROW AGENT IS AUTHORIZED TO, AND SHALL:

E. Pay and charge Seller, upon Seller’s written approval, for any amount necessary to place title in the condition necessary to satisfy Section 3 of this Agreement, excluding any penalty for prepayment to any lienholder in compliance with 1265.240 of the Eminent Domain Law;
F. Pay and charge Buyer for any escrow fees, charges, and costs payable under Section 6 of this Agreement;
G. Disburse funds and deliver deed when conditions of this escrow have been fulfilled by Buyer and Seller.

The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance.

All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be in writing.

TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. The parties hereto agree to perform all acts reasonably necessary to close this escrow within sixty (60) days following the opening of escrow
Packet Pg. 698
A- 7145

Page 4 ends

Responsibility for Escrow Agent under this Agreement is expressly limited to Sections 1, 2, 3, 4, 5, 6, 7, 9, 10, and 17 and to its liability under any policy of title insurance issued in regard to this transaction.

7. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow.

8. RENTAL AND OCCUPANCY BY SELLER. Seller warrants that there are no oral or written leases on all or any portion of property.

9. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its authorized agents, permission to enter upon the Property at all reasonable times prior to close of escrow for the purpose of making necessary or appropriate inspections. It is understood that the Buyer and its contractors will indemnify the undersigned and hold them harmless from any and all liability for bodily injury, death and property damage arising out of or in any way connected with such use, and reimburse the seller for all costs, expenses and loss, including attorney's fees, incurred by them in consequence of any claims, demands and causes of action which may be made or brought against them arising out of such use.

10. COUNTERPARTS. This agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument.

11. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Seller's statement to Buyer and to Overland, Pacific &; Cutler LLC, purpose being to ascertain if any reimbursements are due Seller.

12. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real property or any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Deed shall be at the risk of Seller. In the event that loss or damage to the real property or any improvements thereon, by fire or other casualty, occurs prior to the recordation of the Deed, Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the total price by an amount equal to the diminution in value of said property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater.

13. EMINENT DOMAIN DISMISSAL. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the County of San Bernardino, wherein the herein described property is included and also waives any and all claims to any money on deposit in said action and further waives all attorney's fees, costs, disbursements, and expenses incurred in connection therewith. If, prior to the close of the execution of this transaction, Seller is served with a Summons and Complaint in Eminent Domain in which Seller is a named defendant, upon the closing of this transaction, Seller agrees and consents to Buyer taking a Default in said action.

Packet Pg. 699
A- 7145

Page 5 ends

14. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby warrants, represents, and/or covenants to Buyer that:

A. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign.

B. To the best of Seller's knowledge, there are no encroachments onto the property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties.

C. Until the closing, Seller shall maintain the property in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the property.

D. Until the closing, Seller shall not do anything which would impair Seller's title to any of the property.

E. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Seller's property may be bound.

F. Until the closing, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in these Warranties, Representations, and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer.

15. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property.

The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined Packet Pg. 700
A- 7145

Page 6 ends

as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601).

16. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.

17. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow.

18. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein.

The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto.

Packet Pg. 701
A- 7145

Page 7 ends

This Agreement contains the entire agreement between both parties, neither party relies upon any warranty or representation not contained in this Agreement.

19. CHOICE OF LAW/VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

20. ATTORNEYS’ FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

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

22. AMENDMENTS. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement.

23. AUTHORITY. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement
Packet Pg. 702
A- 7145

Page 8 ends

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove.

BUYER SELLER
CITY OF SAN BERNARDINO Family Trust of Carlos Ricardo Sosa and Elva Avila Sosa
BY:__________________________ __________________________ Robert D. Field Carlos Ricardo Sosa
City Manager
_________________________
DATE
__________________________
Elva Avila Sosa
__________________________
DATE

MAILING ADDRESS OF BUYER MAILING ADDRESS OF SELLER
City of San Bernardino 19247 Mountain Shadow Lane
Attention: Alex Qishta Perris, CA 92570
201 N E Street, Suite 200
San Bernardino, CA 92401

APPROVED AS TO FORM
BY:__________________________
City Attorney
ATTEST
BY:___________________________
City Clerk

Packet Pg. 703
A- 7145

Page 9 ends

DATE:________________________
Packet Pg. 704
A- 7145

Page 10 ends

Packet Pg. 705
A- 7145

Page 11 ends

Packet Pg. 706
Consent Calendar
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance
Subject: Agreement with Inland Empire Landscape, Inc. for Landscape Maintenance at City Street Medians, Islands, and LMDs (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute a Maintenance Services Agreement with Inland Empire, Inc., for landscape maintenance at all City medians and Landscape Maintenance Districts (LMDs); and
2 Authorize the Agency Director of Administrative Services to appropriate funds in the amount of $1,138,367.98 to the Public Works Operations and Maintenance Division General Fund; and issue a purchase order in the amount of $1,138,367.98 for Fiscal Year 2022/23; and
3 Adopt Resolution No. 2022-175 Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget revenue and expenditure by $241,956 for landscape maintenance at City Street medians, islands, and landscape maintenance districts (LMDs).

Background
The Operations and Maintenance Division of the Public Works Department is responsible for landscape maintenance at all City street medians, islands, asphalt/concrete traffic intersection medians, Landscape Maintenance Districts and other related infrastructure near medians. The Division is also responsible for assessing/performing irrigation repairs at these locations (as applicable), performing pest control, maintaining trees/shrubs/plants, replacing/repairing broken curbs, and removing any hazards at these locations. The current contracts for landscape maintenance at these locations have expired as of June 30, 2022, and all contract extensions have been utilized. Historically, in-house staff provided landscape maintenance at street medians and LMDs, but contractual services eventually replaced in-house landscape maintenance activities and the remaining in-house staff were largely assigned inspection duties. It’s also important to note that many nonlandscape medians (such as those with only concrete or asphalt) have not been included in prior contracts. With 139 locations to maintain, inspecting all locations is a challenging task that is nevertheless accomplished routinely with various staff from multiple work sections in the Operations and Maintenance Division to include the Operations Manager, Streets Supervisor, and Parks Maintenance Supervisor. In-house staff also supplements Packet Pg. 707
landscape maintenance work tasks at some locations that were previously excluded from prior contracts. Landscape maintenance contractors have typically performed a variety of tasks that primarily include litter collection, sweeping/blowing, minor irrigation inspection/repair, mowing at locations that have grass turf, along with other activities such as tree trimming, plant/shrub care, raking, and pest control. During a review of current and past maintenance service agreements, staff noted that prior contracts excluded nonlandscape-type medians and newer locations. An audit was then conducted to identify all City-wide medians and to address all landscape and maintenance deficiencies. As a result of this audit, this maintenance services project reflects significant increases in the number of locations and consolidates all street medians and LMDs under one contract rather than separating the work tasks under multiple vendors (which has proven to be time consuming and inefficient for the contract administrators). Additionally, the frequency of maintenance work tasks at all locations was increased to reflect the increased usage at some LMDs and wear and tear of street medians (Attachment 2). This increase in work task frequencies will ensure our medians and LMDs are kept clean, beautiful, and free of hazards.

Discussion
The City of San Bernardino has 139 street medians and street islands which include various LMDs. To ensure that our city street medians and LMDs are properly maintained and kept beautiful in appearance, staff is requesting $1,138,367.98 for landscape maintenance and related services at street medians and LMDs under this maintenance services agreement.

The Operations and Maintenance Division of Public Works worked with the Finance Department in March of 2022, and formal bid process was initiated to solicit proposals for landscape maintenance at Street Medians and LMDs in Request for Proposal No. F-22-

50. Notices were posted on the City’s website. The results of the bid opening yielded three vendors which were evaluated and scored by a selection committee and further reviewed by Procurement for compliance with mandatory requirements. Proposals were evaluated on the following criteria:

1. The Proposer is properly licensed to practice in the State of California.

2. The Proposer has no conflict of interest with regard to any other worker formed by the firm for the City.

3. Clarity and conformance of proposal to the RFP.

4. Content of the proposal.

5. Proposer’s experience and performance.

6. Team members’ experience and performance.

7. Fee proposal.

8. Comments by references.

In addition, the selection committee was asked to score a six (6) part evaluation sheet on a 0-10 scale for each area for a total max score of 60. The evaluation included a thorough review of the following areas and asked the following for each part: Did Vendor Sign the Bidder's Response box? Did Vendor include any additional Services? Did Vendor take exceptions to this section services included in this area of the Scope of Work, if so, would the city agreeing to these exceptions diminish the quality of the services requested from the vendor.

Part 1: General Scope of Services
- Terms: Contract Manager, Vendor, Landscape Maintenance Districts (LMDs) - Materials Packet Pg. 708
- Daily Reporting and Notification
- Hours of Operation
- Special Projects
- Requests from the Public
- Locations and Areas of Maintenance
Part 2: Landscape Maintenance
- Litter Collection from Grounds
- Litter Collection from Trash Receptacles (as applicable) - Mowing (as applicable)
- Edging (as applicable)
- Plant, Bush, Shrub Trimming
- Fertilization (plants, bushes)
- Weed Abatement
- Irrigation Inspection and Repair
- Backflow Inspection and Repair
- Landscape Bed Raking
- Pest Control
- Mole Hill Flattening and Re-Filling
- Minor Tree Trimming
Part 3: Overseeding (as applicable in minor locations)
- Steps and Requirements for the Overseeding Process
Part 4: Experience
- Did the vendors describe how their experience, technical and professional skills will meet the goals as outlined in the RFP?
- Did the vendor describe the past experience of staff to be assigned to perform the Services?
- Did vendor provide number of years of experience conducting business? Does the proposer have at least 4 years of experience in providing the required scope of service for public clients?
- Did vendor provide local experience and knowledge of City? Part 5: Project Specific Experience
- Executive Summary
- Tables of Contents
- Identification of Proposer
- Staffing Resources
- Experience and Technical Competence
- Role of the Firm
- Description of Service
- Staffing
- Duration of providing services
- Relationship to Client
- Contact name, position, entity name, telephone number, fax number, and email for each project
Part 6: Technical Competence
- Did the vendor describe their in-house resources?
- Did the vendor submit their ability to draw upon multi-disciplinary staff to address Packet Pg. 709 the services requested?
To determine points awarded, the selection committee was instructed to follow the below scoring system:

1. If the vendor has an acceptable answer to the City's question start scoring at 6.

2. If the proposal meets the requirements set forth in the RFP and there are no deductions or additions, then a score of 6 is to be given as “acceptable.”

3. Anything lower than a 6 is an automatic “less than,” which should have a comment in the deductions section.

4. Anything "higher than" a 6 will need a comment in the additions section.

5. All Scoring shall be based on the information submitted within the RFP.

6. No partial points are awarded
This RFP was not based on the lowest cost. The selection criteria was based on most responsive and responsible bidder. The cost was weighted at 40% of total points, meaning that the total scores from the selection committee are valued up to 60% of the total points in order to make a final selection. The committee completed its review on May 17, 2022, and recommended Inland Empire Landscape, Inc. as the winning vendor for final evaluation by Procurement. In its review of mandatory categories and other requirements, Procurement determined both RP Landscape and Irrigation and Fregoso Gardenscape were disqualified. RP Landscape was disqualified as they did not provide a current line of credit, nor did they provide the latest audited financial statement (or annual report).

Similarly, Fregoso Gardenscape did not provide a financial letter or audited financial statement, nor did they provide pricing for any of the LMDs. This resulted in Inland Empire Landscape as the only responsible and responsive bidder for this project.

SCORE BIDDER CITY TOTAL
COST
62 Inland Empire
Landscape, Inc.

San Bernardino, CA $1,138,367.98
65 (disqualified)
RP Landscape and
Irrigation
San Bernardino, CA $876,072.00
44 (disqualified)
Fregoso Gardenscape Riverside, CA $853,200.00
Staff is confident that Inland Empire Landscape, Inc. is qualified to perform the required work for this maintenance service agreement and noted the extensive availability of equipment and staff in their proposal. Additionally, Inland Empire Landscape has previously provided landscape maintenance services for the City and is very familiar with our City street medians and infrastructure. The term of the proposed agreement shall be from August 3, 2022, to June 30, 2027.
2021-2025 Key Strategic Targets and Goals
This project is consistent with several City goals and targets. It is aligned with Key Target 1e: Minimize risk and litigation exposure. Approval of this agreement will reduce the risk of potential liability associated with tort cases and significantly reduce the amount of open work order requests. It is also aligned with Key Target 3c: Constantly evaluate public safety service delivery models to enhance the quality of service. This landscape maintenance contract will ensure the City is clean, hazard-free, and attractive at all LMDs, street medians and islands, and will promote investment in the City.

Packet Pg. 710
Fiscal Impact
The General Fund impact is $1,138,367.98 and will be appropriated in the FY 2022/23 budget. The $1,138,367.98 will continue on an annual basis for the term of the contract. A budget amendment is also being submitted with this staff report in the amount of $241,956.

This budget amendment is required as last year’s funding for landscape maintenance was matched this fiscal year but did not account for projected increases in costs.

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

1. Authorize the City Manager to execute a Maintenance Services Agreement with Inland Empire, Inc., for landscape maintenance at all City street medians, islands, and Landscape Maintenance Districts (LMDs); and

2. Authorize the Agency Director of Administrative Services to appropriate funds in the amount of $1,138,367.98 to the Public Works Operations and Maintenance Division General Fund; and issue a purchase order in the amount of $1,138,367.98 for Fiscal Year 2022/23; and

3. Adopt Resolution No. 2022-175 Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget revenue and expenditure by $241,956 for landscape maintenance at City street medians, islands, and landscape maintenance districts (LMDs).

Attachments
Attachment 1 Maintenance Services Agreement
Attachment 2 Resolution No. 2022-175 Budget Amendment Street Medians and LMDs Landscape Maintenance
Attachment 3 Exhibit A Work Task Frequency Tables
Attachment 4 Bid Documents-RFP No. F-22-50
Attachment 5 Fregoso Gardenscape Proposal
Attachment 6 Inland Empire Landscape, Inc. Proposal
Attachment 7 RP Landscape & Irrigation Proposal
Attachment 8 Locations and Areas of Maintenance at Medians Attachment 9 LMD Diagrams of Locations
Attachment 10 LMD Tracts
Ward: All
Synopsis of Previous Council Actions: None
Packet Pg. 711
- 1 -

CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 3rd day of August, 2022 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and Inland Empire Landscape Management, Inc., a Stock Corporation with its principal place of business at 202 East Airport Drive, Suite 100, San Bernardino, CA. 92423 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing STREET MEDIANS AND ISLANDS LANDSCAPE MAINTENANCE services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the STREET MEDIANS AND ISLANDS LANDSCAPE MAINTENANCE project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the city all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional STREET MEDIANS AND ISLANDS LANDSCAPE MAINTENANCE services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference.

All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from August 3, 2022, to June 30, 2027, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

Packet Pg. 712
- 2 -

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Ernesto Salinas, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Joel Ibarra, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Packet Pg. 713
- 3 -
Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such Packet Pg. 714
- 4 -
requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for Packet Pg. 715
- 5 -
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

Packet Pg. 716
- 6 -
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability $2,000,000 MINIMUM per occurrence for bodily injury, personal injury, and property damage; and $4,000,0000 aggregate. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000 MINIMUM; per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease; (4) Cyber Liability: $1,000,000 PER OCCURRENCE/AGGREGATE for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; (Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the city may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, Packet Pg. 717
- 7 -
including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery Packet Pg. 718
- 8 -
against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the city. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the city before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds. Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the Packet Pg. 719
- 9 -
amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the city.

3.2.13.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the city.

3.2.13.2 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.3 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the city. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface Packet Pg. 720
- 10 -
improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall Packet Pg. 721
- 11 -
not exceed One Million, One hundred thirty- eight thousand, Three hundred sixty – seven dollars annually. $1,138,367.98. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner Packet Pg. 722
- 12 -
under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Inland Empire Landscape, Inc.

Packet Pg. 723
- 13 -
202 East Airport Drive, Suite 100
San Bernardino, CA. 92423
Attn: Joe Ibarra
City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Ernesto Salinas
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Packet Pg. 724
- 14 -
Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

Packet Pg. 725
- 15 -

3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

3.5.19 Federal Provisions When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 726
- 16 -

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND STREET MEDIANS AND ISLAND LANDSCAPE MAINTENANCE
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

ROBERT D. FIELD
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

INLAND EMPIRE LANDSCAPE
MAINTENANCE, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
Packet Pg. 727
- 17 -

EXHIBIT A

SCOPE OF SERVICES

BACKGROUND
The City of San Bernardino has approximately 105 medians, street islands, and other street-adjacent corridors which require daily landscape and/or general maintenance. Each median or street island has its own individual identity and maintenance requirements may vary.

Whether collecting litter, weed-abating concrete, rock, or asphalt surfaces, trimming plants, replacing decorative features to list a few, the demands from each street island or median are rigorous and require professional and robust maintenance from a vendor with the proper resources that includes trained staff, sufficient equipment, and a work order management system.

TERMS
For purposes of this scope of services and any related documents, the following terms are defined:
 Contract Manager. The contract manager is defined as the City representative responsible for administering the contract and ensuring the vendor services agreement is appropriately followed. This designation is assigned to the Operations and Maintenance Division Manager of Public Works. The Streets Supervisor is assigned as the alternate contract manager for non-turf or landscape medians while the Forestry Supervisor is assigned as the contract manager for all Landscape Maintenance Districts.  Vendor. This refers to the landscape maintenance contractor and any of his or her assigned representatives.
 Median. All areas annotated in the Locations and Photo of Medians attachments are City property which require maintenance services. Maintenance will vary from site to site, and it is vital that the vendor review specific frequency and work task requirement as described in the City of San Bernardino, Medians and Street Islands Landscape Maintenance Work Tasks and Frequency (See Exhibit B). For purposes of this documents, all areas will be referred to as medians (regardless of whether they are a street island or street-adjacent corridor)
 Landscape Maintenance Districts (LMDs). Landscape Maintenance Districts are specially taxed districts in select neighborhoods or other areas of San Bernardino. These districts typically have a higher standard of maintenance and may include medians, grassturf (greenbelts), specialized plants/bushes, decorative rocks, and other features. It is again vital that the vendor review the specific requirements for each LMD and base on work tasks and maintenance service frequencies. NOTE: LMDs are priced by zone and specific areas within each zone.

Materials. Industry standards are required for all materials used in the performance of landscape maintenance at medians. The following table lists replacement materials should the need arise for replacement or repair. Not all items are necessarily listed for some categories; however, every effort will be made to use high-grade, industry-standard materials and parts.

Packet Pg. 728
- 18 -
Item Category Remarks
Pipes and fittings Irrigation High-grade, industry standard Examples: 40 or 80 PVC pipe, approximately 2” for
irrigation lines and approximately 6” for water
mains; however, these sizes may vary.

Nozzles/emitters Irrigation High-grade, industry standard Examples: Rain Bird Rotor Heads, Orbit Voyager,
Toro Sprinkler Head, Hunter PGP, ETC: however,
nozzles/emitters may vary, please try best to
replace like for like/kind for kind.

Backflow fittings/ valves Irrigation Bronze fitting for replacement Item Category Remarks
Plants Landscape  1 gallon size for replacement plants that are non-established.
 5-gallon plants for mature, well-established
plants being replaced.

Controller components (to include
motherboards, displays)
Irrigation Must be compatible with existing system; this repair and/or replacement will be invoiced to the
city as it is not a standard irrigation repair.

Rock/Gravel Landscape Must match existing rock/gravel
Weed Killer Maintenance Prefer Cheetah-Pro, but industry standard weed killer (as legally sold in California) is allowed.

Please review California Office of Environmental
Health Hazard Assessment for updates in regard
to updates in regard to Weed Killers.
https://oehha.ca.gov/about/home
Ant killer/Insecticide Maintenance Industry standard insecticide as legally solid in California may be used. Applicable
applicator/operator pesticide licenses required.

Please review this website: www.cdpr.ca.gov...to
effectively use Insecticides in California and for
future updates.

Daily Reporting and Notification. The vendor will be required to notify the contract administrator (via email) of each day’s starting work location. On a monthly basis, the r will provide a signed and dated work task/frequency sheet verifying all work performed at all locations. City of San Packet Pg. 729
- 19 -
Bernardino Medians and Street Islands Landscape Maintenance Work Tasks and Frequency may be used as a template for the monthly work report so long as it is signed and dated confirming that the work was accomplished.

Hours of Operation. All work will be performed Sundays to Saturday within the hours of 7 a.m. to 9 p.m. unless otherwise exempted by the Contract Manager.

Customer Service and After-Hours Notification. The vendor is required to have a dedicated after-hours notification line monitored and answered by an employee that can dispatch crews should an after-hour emergency or urgent issue occur.

Special Projects. The Contract Administrator and/or vendor will come across areas of maintenance that may require significant upgrades that are not within the normal scope of the landscape maintenance vendor services agreement. In such cases, the vendor will advise the contract administrator of the problem. A quick bid will be released for the desired upgrades and the awarded vendor can submit a quick bid quote for the upgrades.

Requests from The Public. The vendor is prohibited from taking direct requests from any residents, park patrons, City staff (not affiliated with the Parks Maintenance Work Section of the Operations and Maintenance Division), or any other organizations. The vendor will make every effort to politely inform the requesting individual to contact the Contract Manager or San Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of the Contract Manager will be cause for termination of the vendor services agreement.

Locations and Areas of Maintenance. Please refer to Attachment 1, Locations and Medians for a full description and illustration of all areas requiring landscape and general maintenance.

Technical Specifications

1. Litter Collection from Grounds. This includes the collection of all litter from the median or island grounds to include collection from grass turf, landscape beds, decorative rock beds, stamped pavement, pavers, or concrete surfaces. Litter shall include non-typical discarded items, such as syringes, used clothing/shoes and is not limited solely to paperbased wrappings or discarded food packaging. This task will be performed daily by 9am.

Please Note: During wind or other weather events, palms fronds/debris, green waste, small limbs shall also be picked up from the median/island, however, some flexibility will be afforded in regard to the daily deadline.

2. Mowing. Mowing will occur on all street medians/islands with lawn (grass turf) regardless of the condition of the grass turf. Litter shall be collected from grass turf prior to mowing and must not be shredded with equipment. All care shall be taken to ensure sprinkler heads are not damaged by equipment. Grass clippings must not be left on-site (either as a pile or as mower trail clumps). Equipment tracks (on grass turf) will be repaired before leaving the site for the day. This task will be performed once a week by Friday. This will only apply to medians/islands with grass turf. The following applies to mowing operations:
a. All turf areas shall be mowed once a week. Winter Schedule (November to February) shall be reduced to mowing once every two weeks. b. All missed mowing due to inclement weather will be accomplished no later than 2 after the inclement weather has subsided and/or the ground is no longer saturated.

Packet Pg. 730
- 20 -

3. Edging. In conjunction with mowing, edging will occur on all street median/island edges (curbs) and any other areas where turf begins. While chemical edging may be used to expedite this task, any leftover browned-out grass will require manual removal if not deteriorated in a timely manner. This task will be performed by Friday and will only apply to medians with grass turf.

4. Median Sweeping/Blowing. All hardscaped medians/islands (those that have rocks or gravel as a foundation) will either be swept or blown (with power blowers) to remove dirt, minor debris, gravel, and/or any other items/residue. This task will be performed weekly by Friday.

5. Plant, Bush, Shrub Trimming. As applicable to medians/islands with landscape elements, all plants, bushes, shrubs and/or related vegetation will be trimmed every 6 months for aesthetic reasons and to prevent any overgrowth which may become an obstacle. This will also include the complete removal of any dead leaves, branches/stems from the plants and the full removal of any dead plants.

6. Fertilization (plants, bushes). As applicable to medians/islands with landscape elements, bushes, shrubs will occur once every 6 months to ensure plants are kept as vibrant and as blooming as possible.

7. Weed Abatement. At all medians/islands, weed abatement will be performed in an effort to fully remove all weeds. This includes weed abatement at medians/islands that may be zero- scaped, (rock decoration with no plants, concrete/asphalt surfaces, etc.), but are nevertheless growing weeds. Chemical agents are authorized as allowed by law. Once weeds begin to die or brown-out, they shall be pulled from the ground with its root attached. Weeds should also be removed from median/island curbs.

This task will occur weekly be Friday with Flexibility allowed for chemicals to kill weeds before full uprooting.

8. Irrigation Inspection and Repair. All irrigation at street medians/islands shall be inspected to ensure everything is in proper working order and not vandalized or damaged. Any leaks, breaks to irrigation lines and related components will be repaired by the vendor. Irrigation inspections will occur by 3 p.m. daily. Repairs will be complete within 24 hours of notification for simple line breaks and nozzle breaks on plant bed lines. All potential repairs need to be assessed by the project manager before vendor is authorized to begin repair work. If work is more complex, the project may need to be stopped safely and secured. A licensed contractor may be required to complete the repairs. If the leaks fall within the tasks of this agreement, the repair must be completed no later than 48 hours. Controllers will also be inspected to ensure proper functionality. Saw cutting of sidewalks or excavation of grounds to repair leaks will be the responsibility of the vendor, if the saw cuts does not require a licensed contractor to complete the excavation. Extensive work should be reported to the Contract Manager to ensure fairness in labor costs related to the work.

9. Backflow Inspection and Repair. If existing, all street median/island backflows shall be inspected to ensure they are in proper working order and not vandalized or shut off.

Any instance of significant vandalism shall be reported to the Contract Manager prior to making any repairs, to include missing locks from backflow cages. Backflow inspections will occur by 9am on a daily basis. Repairs will be complete within 24-48 hours of notification.

Packet Pg. 731
- 21 -

10. Landscape Bed Raking. All landscape beds (regardless of the volume of plants/shrubs) will be raked free of minor yard waste, clippings, litter, etc. All dead leaves or debris under plants/shrubs shall be raked away to create a clean appearance. This task will occur every two weeks.

11. Pest Control. Pest control of any pests is required at applicable medians/islands (those with grass turf or plant elements). This primarily includes ground squirrels but will also include any other pests and insects. Fire ants will be treated on site using approved chemical agents. Any invasive insects affecting plants/shrubs will also be treated by the vendor. This task will occur every two weeks. Please review https://www.pestboard.ca.gov/pestlaw/pestact.pdf for the latest updates for approved pest control methods and approved chemicals.

12. Mole Hill Flattening and Re-Filling. At any applicable medians/islands (with grass turf or plant elements), all mole hills resulting from pests (primarily ground squirrels) will be flattened and all associated holes will be filled with dirt. Although pest-control will ideally take care of the issues of mole hills, this task will nonetheless be required in the interim. This task is required on a daily basis.

13. Minor Tree Trimming. At any applicable median/island with trees, all minor trees in landscape beds or those creating obstacles to roadways or nearby sidewalks will be trimmed so as to remove any obstacles to motorists or pedestrians. A 6.5 ft standard (from the ground) shall be used when removing tree branch/limb obstacles; however, tree canopies must be shaped to prevent any outgrowth onto the street. This task will occur monthly but may also
occur upon request.

14. Overseeding. Overseeding will occur on an annual basis for all street islands or medians that have grass turf. Seed blends (Rye-grass variations) shall be used as appropriate for the designated greenbelt. As overseeding street medians/islands is very minimal, some flexibility will be allowed as to the preferred schedule, but it must occur between October and December. It is important to note that all medians will be converted to non-grass turf within the next five to six years.

15. Plant Replacement. Any dead plants, whether a result of negligence or vandalism will be replaced by the vendor. Plant size will be 1 gallon for minor plant-bed plants, and a minimum of 5-gallon for larger, more-established plants. This task will be completed as needed.

16. Monument/Signs Power washing. Proper power washing of monuments and signs will be performed using non-abrasive methods that will not harm the signs or monuments at all medians that have entry monument signs. All efforts will be made to prevent any chipping of paints (if any) and alternative methods to clean the monuments are allowed. This task will occur once a month.

Packet Pg. 732
- 22 -
Packet Pg. 733
- 23 -

EXHIBIT B

SCHEDULE OF SERVICES FREQUENCY TABLES
FREQUENCY TABLE A1: TRADITIONAL SITES LANDSCAPE MAINTENANCE WORK TASKS Packet Pg. 734
- 24 -
Work Task Code Work Task Frequency
1 litter collection from turf 13 pest control A daily by 9am M 2 litter collection from cans 14 mole hill flattening / hole fill B weekly by Friday N 3 mowing 15 minor tree trimming C every two days O
4 edging 16 lock/gates inspection D 3x a week P
5 sidewalk sweeping/blowing 17 aerification/overseeding E every two weeks Q 6 plant/bush/shrub trimming 18 bench/picnic table power washing F monthly (by 30th) R 7 fertilization (plants, bushes) 19 plant replacement G annually S 8 weed abatement 20 doggie bag replacement H every 6 months T 9 playground inspection 21 ballfield fence edging I daily by 3pm U 10 irrigation inspection/repair 22 ballfield fence vines/weed removal J daily by 12 noon V 11 backflow inspection 23 courts power washing (tennis, etc.) K as needed W 12 landscape bed raking 24 monument/signs power washing L every 3 months X Work Task Codes (see legends below for task and frequency) (Example: 1A = litter collection from turf daily by 9am)
Contracted Site Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

1. Highland & Piedmont J D H G E I I E K D H G K

2. 23rd & Valencia N/B Extends to 30th J H G E I I E K D H K

3. 30th & Parkside W/B J D E

4. 30th & Waterman N/B J D E

5. 30th & Mt. View S/B J D E

6. 30th & Mt. View N/B Extends to Parkdale J H G E I I E K D H K

7. Highland & Muscupiabe Extends to Colima J H G E I I E K D H K

8. Baseline & Windsor N/B Extends to Gilbert J H G E I I E K D H K

9. Hospitality & Waterman S/B J D H G E I I E K D H G K

10. Hospitality & Waterman N/B J D H G E I I E K D H G K

11. Vanderbilt & Waterman N/B Extends to Orange
Show Road

J D H G E I I E K D H G K

12. Orange Show Road & Waterman N/B E/B W/B J D H G E I I E K D H G K

13. Central & Waterman N/B Extends to Mill J D E

14. Orange Show Road & Arrowhead E/B Extends to
Waterman

J D H G E I I E K D H G K

15. Inland Center Drive & G Street W/B J D H G E I I E K D H G K

16. Inland Center Drive & G Street E/B J D H G E I I E K D H G K

17. Inland Center Drive & I Street W/B J D E

18. 789 Mt. Vernon N/B J D H G E I I E K D H G K

19. Mill & G Street N/B J H G E I I E K D H K

20. 797 W 2nd Street E/B Extends to E Street J D H G E I I E K D H G K

21. 320 N E Street S/B J H G E I I E K D H H K

22. 2nd & E Street E/B J H G E I I E K D H H G K

23. 23rd & Mt. View N/B J H G E I I E K D H H K

24. 30th & Muscupiabe N/B Extends to Marshall J H G E I I E K D H H K Packet Pg. 735
- 25 -
FREQUENCY TABLE A2: STREET MEDIANS AND ISLANDS (MINIMAL FEATURES) LANDSCAPE MAINTENANCE WORK TASKS
Work Task Codes (see legends below for task and frequency) (Example: 1A = litter collection from turf daily by 9am)
Contracted Site Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

1. 40th & Electric A D E

2. 40th & Electric S/B Extends to Parkdale A D H E I I E K D K K

3. 4985 Sierra Way A D E

4. Eureka & Mountain Extends to Del Rosa A H E I I E K D K K Packet Pg. 736
- 26 -
Work Task Code Work Task Frequency
1 litter collection from turf 13 pest control A daily by 9am M 2 litter collection from cans 14 mole hill flattening / hole fill B weekly by Friday N

5. Lynwood & Victoria W/B (not active) A E

6. Lynwood & Victoria S/B (not active) A E

7. Citrus & Victoria S/B (not active) A E

8. Mirada & Victoria S/B Extends (not active) A E

9. Highland & Patton Hospital A D E

10. Highland & Arden 210 overpass W/B A D E

11. Highland & Sterling E/B W/B A D E

12. Date & Sterling N/B A D E

13. Date & Del Rosa N/B A D E

14. 30th & Parkside W/B A D E

15. 30th & Waterman N/B A D E

16. Colima & H St S/B A D E

17. Highland & 215 overpass W/B A D E

18. 21st & Mt. Vernon A D E

19. Highland & California 210 overpass E/B A D E

20. Baseline & Del Rosa E/B W/B A D E

21. 9TH & Tippecanoe E/B W/B N/B S/B A D E

22. Redlands Blvd & Anderson W/B A D E E K K

23. Redlands Blvd & Gardena W/B A E E K K

24. Redlands Blvd & Waterman W/B A E

25. Redlands Blvd & Club Center Dr S/B A D E

26. Caroline & Waterman S/B A D E

27. 10 Fwy overpass & Waterman N/B A D E

28. Mill & Waterman N/B A D E

29. Mill & Waterman E/B W/B A D E

30. 996 Hospitality E/B A D K E I I E K D

31. 996 Hospitality W/B A D E

32. 862 Hospitality W/B A D K E I I E K D K K

33. Carnegie & Hospitality W/B A D K E I I E K D K K

34. Harriman & Hospitality W/B A D K E I I E K D K K

35. 620 Hospitality W/B A D K E I I E K D K K

36. 420 Hospitality W/B A D K E I I E K D K K

37. 275 Hospitality W/B A D K E I I E K D K K

38. Commercial & Hunts Ln A D E

39. Show Case North & Auto Plaza E/B A D K E I I E K D K K

40. Show Case South & Auto Plaza E/B A K E I I E K D K K

41. Rialto & I St E/B W/B A E

42. Rialto & I St N/B A E

43. 3rd & K St W/B A D K E

44. 2nd & Mt Vernon N/B E/B A D K E

45. Hallmark Parkway & University W/B A D K E

46. Palmyra & Lugo A E I I E K D K K

47. 30th & Broadmoor Extends to Parkdale A E I I E K D K K Packet Pg. 737
- 27 -
3 mowing 15 minor tree trimming C every two days O
4 edging 16 lock/gates inspection D 3x a week (m-w-f) P 5 sidewalk sweeping/blowing 17 aerification/overseeding E every two weeks Q 6 plant/bush/shrub trimming 18 bench/picnic table power washing F monthly (by 30th) R 7 fertilization (plants, bushes) 19 plant replacement G annually S 8 weed abatement 20 doggie bag replacement H every 6 months T 9 playground inspection 21 ballfield fence edging I daily by 3pm U 10 irrigation inspection/repair 22 ballfield fence vines/weed removal J daily by 12 noon V 11 backflow inspection 23 courts power washing (tennis, etc.) K as needed W 12 landscape bed raking 24 monument/signs washing L every 3 months X FREQUENCY TABLE A3: LMD GREENBELTS LANDSCAPE MAINTENANCE WORK TASKS (NEW ZONES) Work Task Codes (see legends below for task and frequency) (Example: 1A = litter collection from turf Packet Pg. 738
- 28 -
daily by 9am)
LMD and assessment district # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

1. PINE & BELMONT (begin zone A) AD976 A B D H H E I I B K D K G K

2. VERDEMONT & OLIVE AD991 A D H H E I I B K D K K

3. IRVINGTON & CHESTNUT AD997 A D H H E I I B K D K K

4. PINE & KENDALL AD1017 A B D H H E I I B K D K G K

5. PALM & WASHINGTON AD1025 A D H H E I I B K D K K

6. OLIVE & OHIO AD1028 A D H H E I I B K D K K

7. OHIO & MAGNOLIA AD1030 A D H H E I I B K D K K

8. IRVINGTON & OLIVE AD1028; 1030; 1031 A B D H H E I I B K D K G K

9. VERDEMONT & PALM AD1032 A D H H E I I B K D K K

10. PALM & OHIO AD1035-Z1 A D H H E I I B K D K K

11. PALM & AKRON AD1035-Z2 A D H H E I I B K D K K

12. BELMONT & MAGNOLIA AD1037 A B D H H E I I B K D K G K

13. BELMONT & MAGNOLIA AD1039 A D H H E I I B K D K K

14. MAGNOLIA & OHIO AD1041 A D H H E I I B K D K I K

15. PALM & IRVINGTON AD1043-Z1 A D H H E I I B K D K K

16. IRVINGTON & OLIVE AD1043-Z2 A D H H E I I B K D K K

17. OHIO & PINE AD1047 A D H H E I I B K D K K

18. BELMONT & OHIO AD1052 A D H H E I I B K D K K

19. PINE & OHIO AD1055 A B D H H E I I B K D K G K

20. OHIO & CHESTNUT AD1049 A D H H E I I B K D K K

21. OLIVE & BELMONT AD 1051 A D H H E I I B K D K K

22. WAGONWHEEL (begin zone B) AD951 A B B D H H E I I B K D K G K

23. KENDALL & BUCKBOARD AD951-Z2 A B B D H H E I I B K D K G K

24. STATE UNIVERSITY AREA AD952-Z1 A B B D H H E I I B K D K G K

25. STATE UNIVERSITY AREA AD952-Z2 A B B D H H E I I B K D K G K

26. STATE UNIVERSITY AREA AD952-Z2A A B B D H H E I I B K D K G K

27. STATE UNIVERSITY AREA AD952-Z3 A B B D H H E I I B K D K G K

28. NORTH “H” STREET AD1002 A D H H E I I B K D K K

29. NORTHPARK & MOUNTAIN AD1019 A D H H E I I B K D K K

30. ACACIA & HILL AD1040 A B B D H H E I I B K D K G K

31. NORTHPARK & NORTHSTAR AD1046 A D H H E I I B K D K K

32. SHANDIN HILLS AREA (begin zone C) AD959-ZJ A B B D H H E I I B K D K G K

33. SHANDIN HILLS & SHADY CREEK AD1042 A B B D H H E I I B K D K G K

34. PIEDMONT & CITRUS (begin zone D) AD982 A D H H E I I B K D K K

35. CHIQUITA & DATE AD1060 A B B D H H E I I B K D K G K

36. CAJON & JUNE (begin zone E) AD993 A B B D H H E I I B K D K G K

37. CAJON & PEPPER LINDEN AD1005 A B B D H H E I I B K D K G K

38. CAJON & UNIVERSITY PKWY AD1057 A D H H E I I B K D K K

39. CAJON & GLEN HELEN (end zone E ) AD1064 A D H H E I I B K D K K

40. 16TH & MEDICAL CENTER AD953 A B B D H H E I I B K D K G K

41. CALIFORNIA & 16th (end zone F) AD1029 A B B D H H E I I B K D K G K

42. NORTHPARK & CAMPUS WAY AD1036 A B B D H H E I I B K D K G K

43. CAMPUS PARKWAY & VALLES AD1054 A D H H E I I B K D K K NEW ZONES ADDED 4.13.22
Packet Pg. 739
- 29 -
Work Task Code Work Task Frequency
1 litter collection from turf 13 pest control A daily by 9am M 2 litter collection from cans 14 mole hill flattening / hole fill B weekly by Friday N 3 mowing 15 minor tree trimming C every two days O
4 edging 16 lock/gates inspection D 3x a week P
5 sidewalk sweeping/blowing 17 aerification/overseeding E every two weeks Q 6 plant/bush/shrub trimming 18 bench/picnic table power washing F monthly (by 30th) R 7 fertilization (plants, bushes) 19 plant replacement G annually S 8 weed abatement 20 doggie bag replacement H every 6 months T 9 playground inspection 21 ballfield fence edging I daily by 3pm U 10 irrigation inspection/repair 22 ballfield fence vines/weed removal J daily by 12 noon V 11 backflow inspection 23 courts power washing (tennis, etc.) K as needed W 12 landscape bed raking 24 monument/signs washing L every 3 months X

44. RIALTO/PEPPER/EUCALYPTUS (BEGIN ZONE G) AD974 A B B D H H E I I B K D K G K

45. MILL ST WEST OF PEPPER AD 975 B B D H H E I I B K D K G K

46. EAST SIDE OF MERIDIAN, RANDALL AD981 B B D H H E I I B K D K G K

47. SOUTH SIDE OF RIALTO, MACY AD986 A B B D H H E I I B K D K G K

48. SOUTH SIDE OF MILL/RAILROAD AD989 B B D H H E I I B K D K G K

49. BIRCH ST EDISON EASEMENT AREA AD1001 A B B D E I I K D G K

50. PEPPER/MERIDIAN CORRIDOR AD1007 D H H E I I B K D K G K

51. POPLAR, MILL, BURNEY CORRIDOR AD1012 D H H E I I B K D K G K

52. MILL AT DALLAS AVE AD1020 D H H E I I B K D K G K

53. WEST SIDE PEPPER, RIALTO, PAJA AD1050 D H H E I I B K D K G K

54. NORTH SIDE RANDALL, ECLPTUS AD1048 D H H E I I B K D K G K END ZONE G – BEGIN ZONE H

55. AREA EAST OF GAGE, HARRIMAN AD956 A B B D H H E I I B K D K G K

56. AIRPORT DRIVE MEDIAN AD968 A B B E I I G K

57. NS OF COULSTON, ROSENA AD1016 D H H E I I B K D K G K

58. SOUTH OF COULSTON AT ELM AD1023 D H H E I I B K D K G K

59. WATERMAN AT COMMERCIAL AD1027 D H H E I I B K D K G K

60. EAST SIDE OF WATERMAN AD1045 A A B B D H H E I I B K D K G K

61. ORANGE SHOW MEDIAN AD1059 H H E I I B K D K G K

62. ORANGE SHOW ROAD NS AD1038 D H H E I I B K D K G K

END ZONE H BEGIN ZONE I

63. EAST SIDE OF INLAND CENTER AD1024 D H H E I I B K D K G K

END ZONE I BEGIN ZONE J

64. TIPPECANOE; 3RD/H. SHEPPARD AD1022Z1 A B B D H H E I I B K D K G K

65. TIPPECANOE; MILL/H. SHEPPARD AD1022Z2 A B B D H H E I I B K D K G K

66. MILL WEST OF TIPPECANOE AD1022Z3 D H H E I I B K D K G K

67. CENTRAL AVE/MT. VIEW AD1068 D H H E I I B K D K G K

68. LENA RD SOUTH OF CENTRAL AD1063 D H H E I I B K D K G K Packet Pg. 740
- 30 -

EXHIBIT C

COMPENSATION

ADDITIONAL WORK PRICE SHEET
Hourly labor
Foreman $45.00 per hour
Irrigation Technician $40.00 per hour
Laborer $35.00 per hour
PLANT MATERIAL:

DESCRIPTION PRICE UNIT OF MEASURE
24” Box Tree with Double Stakes $300.00 EACH
15-gallon tree with double stakes $115.00 each
15-gallon shrubs $80.00 each
5-gallon shrubs $28.00 each
1-gallon shrubs $15.00 each
1 flatt of ground cover $30.00 each
seeded turf $0.20 sf
sodded turf $15.00 sf
hydroseed $0.95 sf
soil preparation (existing areas) $1.00 sf
soil preparation (new area) $2.25 sf
would mulch $55.00 per yard
annual color (4” containers) $4.00 each
TURF MAINTENANCE (ALL TURF AREAS):

DESCRIPTION PRICE UNIT OF MEASURE
Mowing $0.03 sf
Edging $0.01 lf
String trimming $0.01 lf
Aerification $0.15 sf
Weed removal (manual) $35.00 per man hour
Pest control (manual) $35.00 per man hour
Fertilization (placement only) $0.010 sf
LANDSCAPE MAINTENANCE (NON-TURF AREAS):

DESCRIPTION PRICE UNIT OF MEASURE
Edging (ground cover) $0.01 lf
Trimming (shrubs, ground cover) $0.05 sf
Pruning shrubs, vines, roses $0.15 sf
Pruning trees $35.00 each
Weed removal (manual) $35.00 per man hour
Pest control (manual) $35.00 per man hour
Vegetation removal $30.50 sf
Packet Pg. 741
- 31 -
EQUIPMENT AND VEHICLES:

DESCRIPTION PRICE UNIT OF MEASURE
Jacobsen 12ft mower $5.00 per hour
Exmark mower 72” $2.15 per hour
Exmark mower 48” $1.00 per hour
Honda walk behind 21” $0.55 per hour
Power edger $0.30 per hour
Backpack blower $0.40 per hour
Power weedeater $0.30 per hour
Power trimmer $0.20 per hour
Power pressure washer $1.00 per hour

TRADITIONAL SITES

LOCATION MONTHLY COST ANNUAL COST
Highland & Piedmont $1,229.80 $14,757.60
23rd & Valencia N/B Extends to 30th $2,482.13 $29,785.53 30th & Parkside W/B $305.50 $3,666.00
30th & Waterman N/B $273.00 $3,276.00
30th & Mt. View S/B $1,765.54 $21,174.50
30th & Mt. View N/B Extends to Parkdale $2,206.24 $26,474.92 Highland & Muscupiabe Extends to Colima $4,164.27 $49.971.25 Baseline & Windsor N/B Extend to Gilbert $1,216.66 $14,599.96 Hospitality & Waterman S/B $208.65 $2,503.80
Hospitality & Waterman N/B $822.29 $9,867.47
Vanderbilt & Waterman N/B Extends to Orange Show
Road
$1,513.32 $18,159.90
Orange Show Road & Waterman N/B E/B W/B $1,832.18 $21,986.14 Central & Waterman N/B Extends to Mill $1,072.50 $12,870.00 Orange Show Road & Arrowhead E/B Extends to
Waterman
$1,072.50 $12,870.00
Inland Center Drive & G Street W/B $292.50 $3,510.00
Inland Center Drive & G Street E/B $487.50 $5,850.00
Inland Center Drive & I Street W/B $227.50 $2,730.00
789 Mt. Vernon N/B $162.50 $1,950.00
Mill & G Street N/B $123.50 $1,482.00
797 W 2nd E/B Extends to E Street $715.00 $8,580.00
320 N E Street S/B $1,551.11 $18,613.30
2 nd & E Street E/B $125.66 $1,507.96
23rd & Mt. View N/B $783.79 $9,405.45
30th and Muscupiabe N/B Extends to Marshall $3,211.00 $38,532.00 Totals $27,843.65 $334,123.78
Annual Cost $334,123.78
Packet Pg. 742
32 MEDIANS AND STREET ISLANDS WITH MINIMAL FEATURES (CONCRETE/ASPHALT

SURFACES/OTHER)

LOCATION MONTHLY COST ANNUAL COST
 40TH & Electric N/B
 40th & Electric S/B Extends to Parkdale $425.00 $5,100.00  4985 Sierra Way
 Eureka & Mountain Extends to Del Rosa
 Lynwood & Victoria W/B
 Lynwood & Victoria S/B
 Citrus & Victoria S/B
 Mirada & Victoria S/B Extends to Highland
 Highland & Patton Hospital
 Highland & Arden 210 overpass W/B
 Highland & Sterling E/B W/B
 Date & Sterling N/B
 Date & Del Rosa N/B
 Baseline & Del Rosa E/B W/B
$1,742.69 $20,912.28
 30th & Parkside W/B
 30th & Waterman N/B
 Colima & H St S/B
 Highland & 215 overpass W/B
 Highland & California 210 overpass E/B
 21st & Mt. Vernon
$1,025.00 $12,300
 Redlands Blvd & Anderson W/B
 Redlands Blvd & Gardena W/B
 Redlands Blvd & Waterman W/B
 Redlands Blvd & Club Center Dr S/B
$625.00 $7,500.00
 Caroline & Waterman S/B
 10 Fwy overpass & Waterman N/B
 Mill & Waterman N/B
 Mill & Waterman E/B W/B
 Commercial & Hunts Ln
$575.00 $6,900.00
 Waterman and Orange N/B
 Waterman and Central S/B
 Waterman and Hospitality N/B
$175.00 $2,100.00
 996 Hospitality E/B
 996 Hospitality W/B
 862 Hospitality W/B
 Carnegie & Hospitality W/B
 Harriman & Hospitality W/B
 620 Hospitality W/B
 420 Hospitality W/B
 275 Hospitality W/B
$1,050.00 $2,100.00
 Show Case North & Auto Plaza E/B
 Show Case South & Auto Plaza E/B $350.00 $4,200.00
 Rialto & I St E/B W/B
 Rialto & I St N/B $375.00 $4,500.00
Packet Pg. 743
33  3
rd & K St. W/B
 2
nd & Mt. Vernon N/B E/B
 Hallmark Parkway & University W/B
 Palmyra & Lugo $185.00 $2,200.00
 30th & Broadmoor Extends to Parkdale $1,400.00 $16,800.00  9
th & Tippecanoe E/B W/B N/B S/B $225.00 $2,700.00
Totals $8,152.69 $97,832.28
Annual Cost $97,832.28

LANDSCAPE MAINTENANCE DISTRICT (LMD) (FULL FEATURES TO INCLUDE

GREENBELTS, TREES, PLANTS/SHRUBS)

LOCATION MONTHLY COST ANNUAL COST
ZONE A
 Pine & Belmont (begin Zone A) AD976
 Verdemont & Olive AD991
 Irvington & Chestnut AD997
 Pine & Kendall AD1017
 Palm & Washington AD1025
 Olive & Ohio AD1028
 Irvington & Olive AD1028, 1030, 1031
 Verdemont & Palm AD1032
 Palm & Ohio AD1035-Z1
 Palm & Akron AD1035-Z2
 Belmont & Magnolia AD1037
 Belmont & Magnolia AD1039
 Magnolia & Ohio AD1041
 Palm & Irvington AD1043-Z1
 Irvington & Olive AD1043-Z2
 Ohio & Pine AD1047
 Belmont & Ohio AD1052
 Pine & Ohio AD1055
 - Ohio & Chestnut AD1049
 - Olive and Belmont AD1051
$13,310.93 $159,731.21
ZONE B
 Wagonwheel (begin zone B) AD951
 Kendall & Buckboard AD951-Z2
 State University Area AD952-Z1
 State University Area AD952-Z2
 State University Area AD952-Z2A
 North “H” Street AD1002
 Northpark & Mountain AD1019
 Acacia & Hill AD1040
 Northpark & Northstar (end zone B) AD1046
$9,508.37 $114,100.43
ZONE C
 Shandin Hills Area (begin zone C) AD959-Z1
 Shandin Hills & Shady Creek AD1042 $7,221.50 $86,658.00 Packet Pg. 744
34 End Zone C
ZONE D
 Piedmont & Citrus (begin zone D) AD982
 Chiquita & Date (end zone D) AD1060 $906.96 $10,883.50 ZONE E
 Cajon & June (begin zone E) AD993
 Cajon & Pepper Linden AD1005
 Cajon & University Pkwy AD1057
 Cajon & Glen Helen (end zone E) AD1064
$8,718.88 $104.626.55
ZONE F
 16th and Medical Center AD953
 California and 16th Street AD1029 $770.02 $9,240.19
ZONE K
 Northpark and Campus Way AD1036
 Campus Parkway and Valles AD1054 $9,126.00 $109,512.00 ZONE G
 Rialto/Pepper/Eucalyptus AD974
 Mill St West Pepper AD975
 East Side of Meridian from Randall & Mill AD981
 South Side of Rialto East and West of Macy St AD986
 South Side of Birth –East Easement Area AD1001
 East Side of Pepper/East Side of Meridian AD1007
 Poplar, Mill, Burney Corridor AD1012
 Southside of Mill at Dallas Ave AD1020
 West Side of Pepper, South Side Rialto, Paja Dr AD1050  North Side of Randall & West Side Eucalyptus AD1048
$2,405.00 $28,860.00
ZONE H
 Area East of Gage Canal; Harriman, Hospitality, Brier Corridor AD956
 Airport Drive Median Strip Between Commercecenter East and West AD968
 North Side of Coulston St At Rosena, Curtis AD1016
 South Side of Coulston Ave At Elm; Richardson AD1023
 Waterman and Commercial Road Corridor AD1027
 East Side of Waterman Ave AD1045
 Orange Show Medians up to Tippecanoe AD1059
 Northside of Orange Show Corridor AD1038
$3,425.00 $41,100.00
ZONE I
 Easterly Side of Inland Center, Riverwalk Drive Corridor AD1024 $195.00 $2,340.00
ZONE J
 Tippecanoe Ave Between 3rd and Harry Sheppard, Del
Rosa Corridor AD1022-Z1
 Tippecanoe Ave Between Harry Sheppard Mill St, Timber Creek Corridor AD1022-Z2
 Mill St West of Tippecanoe AD1022-Z3
 Lena Road and Central Ave Corridor AD1063
 Central Ave and Mountain View Corridor AD1068
$3,280.00 $39,360.00
Packet Pg. 745
35 Totals $58,867.66 $706,411.87
Annual Cost $706,411.87
Total Annual Cost for All Areas: $1,138,367.98
Packet Pg. 746
Street Medians and Islands Landscape Maintenance -36-
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Packet Pg. 747
Street Medians and Islands Landscape Maintenance -37-
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Packet Pg. 748
Street Medians and Islands Landscape Maintenance -38-
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
Packet Pg. 749
Street Medians and Islands Landscape Maintenance -39-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER
 Individual

DESCRIPTION OF ATTACHED DOCUMENT
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Packet Pg. 750
Street Medians and Islands Landscape Maintenance -40-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
 Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND
Packet Pg. 751
Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of Packet Pg. 752
any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Packet Pg. 753
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
 Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Packet Pg. 754
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
 Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND
Packet Pg. 755
Resolution No. 2022-175
Resolution 2022-175
August 3, 2022

Page 1 of 3 ends

Mayor and City CouncilAugust 3, 2022

Mayor and City Council
August 3, 2022