Agenda packet — Mayor and City Council, August 17, 2022 (part 4 of 4)

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

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

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

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

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

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

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

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Resolution No. 2022-139
Resolution No. 2022-139

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

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

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

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2022-139
Resolution No. 2022-139

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3 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-139, adopted at a regular meeting held on the _ __ day of _____ __ 2022 by the following vote:

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

Genoveva Rocha, CMC, City Clerk

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0 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 17, 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: Five-Year Capital Project Needs Analysis (2022/2023 through 2026/2027) for Measure "I" 2010-2040
Expenditures
Recommendation
Adopt Resolution No. 2022-184 of the Mayor and City Council of the City of San Bernardino, California approving the Five-Year Capital Project Needs Analysis (FY 2022/2023 through FY 2026/2027) for Measure "I" 2010-2040 Expenditure.

Background
In November 1989, San Bernardino County voters approved passage of Measure "I", authorizing the San Bernardino County Transportation Authority (SBCTA) to impose a half-cent retail transaction and use tax. The new tax was applicable in the incorporated and unincorporated areas of the County of San Bernardino for the 20-year period between April 1, 1990, and March 31, 2010. SBCTA was authorized to administer the programs described in the Measure. Revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plan, as set forth in Ordinance No. 04-1.

In November 2004, voters extended the half-cent sales tax for 30 years, from April 1, 2010, through March 31, 2040. The new Measure is referred to as Measure "I" 2010- 2040 to distinguish it from the first Measure "I". The Measure "I" 2010-2040 Expenditure Plan includes the Valley Major Street Program.

This Program provides funding for regional arterial projects that have been identified in the SBCTA Nexus Study and are included in the City's Regional Traffic Circulation System Master Facilities Plan and Impact Fee Program. To participate in the Valley Major Street Program, each agency must annually adopt a 5-year Capital Project Needs Analysis (CPNA), which identifies project funding needs by fiscal year. The

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0 CPNA includes the anticipated funding sources, funding amounts and project phasing for eligible projects that were included in the SBCTA Nexus Study. This information is needed from each local agency to assist SBCTA staff in preparing an overall capital needs and cash flow analysis for the Valley Major Street Program.

Discussion
The projects listed in the proposed FY 2022/2023 through 2026/2027 CPNA for the City of San Bernardino have previously been identified in the City's Capital Improvement Program and are included in the adopted Master Facilities Plan for the Regional Circulation System Impact Fee (Development Impact Fee).

The key difference between this Program and the Measure "I" 5-Year Plan is that the projects listed in the CPNA are those select projects that qualify for and intend to use funding from the Measure "I" 2010-2040 Valley Major Street Program, along with matching funds collected from new development through the City's Regional Circulation System Impact Fee. The Regional Circulation System Impact Fee was adopted in anticipation of this program and to satisfy the requirement that the new development pay its fair share toward regional improvements funded by the Measure "I" 2010-2040 Valley Major Street Program. Only projects that will use Valley Major Street Program funds are required to be included in the CPNA.

The following five projects are recommended for inclusion in the CPNA:

1. Mt. Vernon Bridge Replacement Project (SS04-012)

2. State Street, Phase 1, 16th Street to Base Line Street (SS04-009)

3. 40th Street Widening from Johnson Street to Electric Avenue (SS04-014)

4. “H” Street Widening from 40th Street to Kendall Drive (SS04-152).

5. Cooperative Project with the City of Highland - Fifth Street Improvements from Del Rosa Drive to Victoria Avenue.

The first four projects are on-going and are currently included in the City’s Capital Improvement Program. The fifth project is a Cooperative Project proposed by the City of Highland and is in the planning stage. This project will be added to CIP and Department Work Plan. All five were included in the previous CPNA for FY 2021/2022 through FY 2025/2026.

The projects shown in the attached CPNA are consistent with the approved Capital Improvement Program (CIP) and the Public Works Department Work Plan except Project 5 which is proposed to be added to the CIP and Department Work Plan. 2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1e: Create an asset management plan.

This project will contribute to financial stability by creating an asset management plan.

Fiscal Impact
Projects 1 through 4 in the proposed FY 2022/2023 through 2026/2027 CPNA for the

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0 City of San Bernardino have previously been identified in the City's most recent Capital Improvement Program and are included in the adopted Master Facilities Plan for the Regional Circulation Development Impact Fee (Regional DIF). It is proposed that the City of San Bernardino add Project 5, Fifth Street Improvements from Del Rosa Drive to Victoria Avenue to its FY 2023 through FY 2028 Capital Improvement Program and allocate funding from fund 264 (Regional DIF).

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-184 approving the Five-Year Capital Project Needs Analysis (FY 2022/2023 through FY 2026/2027) for Measure "I" 2010-2040 Expenditures.

Attachments
Attachment 1 Resolution No. 2022-184
Attachment 2 Resolution No. 2022-184; – Exhibit A (CPNA) Attachment 3 Projects Location Map
Ward:

All Wards
Synopsis of Previous Council Actions:

November 21, 2011 Mayor and Council adopting the Capital Project Needs Analysis 2012-2017 for Measure I 2010-2040.

January 22, 2013 Mayor and Council adopting Capital Project Needs Analysis 2013-2018 for Measure I 2010-2040.

December 2, 2013 Mayor and Council adopting Capital Project Needs Analysis 2014-2019 for Measure I 2010-2040.

October 20, 2014 Mayor and Council adopting Capital Project Needs Analysis 2015-2020 for Measure I 2010-2040.

December 7, 2015 Mayor and Council adopting Capital Project Needs Analysis 2016-2021 for Measure I 2010-2040.

March 20, 2017 Mayor and Council adopted Capital Project Needs Analysis 2017-2022 for Measure2010-2040.

February 7, 2018 Mayor and Council adopted Capital Project Needs Analysis 2018-2023 for Measure I 2010-2040.

September 19, 2018 Mayor and Council adopted Capital Project Needs Analysis 2019-2024 for Measure I 2010-2040.

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0 September 4, 2019 Mayor and Council adopted Capital Project Needs Analysis 2020-2025 for Measure I 2010-2040.

October 21, 2020 Mayor and Council adopted Capital Project Needs Analysis 2021-2026 for Measure I 2010-2040.

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Resolution No. 2022-184
Resolution No. 2022-184
August 17, 2022

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4 RESOLUTION NO. 2022-184

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ADOPTING THE FIVE-YEAR CAPITAL PROJECT NEEDS
ANALYSIS (FY 2022/2023 THROUGH FY 2026/2027) FOR
MEASURE "I" 2010-2040 EXPENDITURE

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 89-1 and Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs Analysis.

WHEREAS, The projects listed in the proposed FY 2022/2023 through 2026/2027 CPNA for the City of San Bernardino have previously been identified in the City's Capital Improvement Program and are included in the adopted Master Facilities Plan for the Regional Circulation System Impact Fee (Development Impact Fee).

WHEREAS, The following five projects are recommended for inclusion in the CPNA:

1. Mt. Vernon Bridge Replacement Project (SS04-012).

2. State Street, Phase 1, 16th Street to Base Line Street (SS04-009).

3. 40th Street Widening from Johnson Street to Electric Avenue (SS04-014).

4. “H” Street Widening from 40th Street to Kendall Drive (SS04-152).

5. Cooperative Project with the City of Highland - Fifth Street Improvements.

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 City Council hereby adopts the five-year capital projects needs analysis (FY 2022/23 through FY 2026/27) for Measure “I” 2010-2040 expenditure attached hereto as Exhibit A.

SECTION 3.That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the

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Resolution No. 2022-184
Resolution No. 2022-184
August 17, 2022

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4 environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
_________________________________
Sonia Carvalho, City Attorney

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Resolution No. 2022-184
Resolution No. 2022-184
August 17, 2022

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4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-184, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

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

Genoveva Rocha, CMC, City Clerk

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ATTACHMENT NO. 3

PROJECT LOCATION MAP
State Street Extension Phase 1

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5th Street from Sterling Avenue to Victoria Avenue
40th Street from Johnson Street to Electric Avenue
H Street from Kendall Drive Street to 40th Street

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Mt. Vernon Viaduct Bridge between 2nd Street and 5th Street

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1 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the Agency Director of Administrative Services to issue a purchase order to Willdan Engineering, Inc., in an amount not to exceed $550,000 in accordance with the On-Call Professional Services Agreement.

Background
The City of San Bernardino Public Works Department is responsible for the implementation of the City’s comprehensive General Plan that provides long-range development policies for managed growth and development. The Department is charged with regulating growth and development through the City’s implementation tool referred to as the Development Code that carries out the policies established in the General Plan.

The Land Development Division of the Public Works Department is responsible for reviewing onsite improvement plans for residential, commercial, and industrial projects, and prepares conditions of approval to ensure development in accordance with City standards and ordinances. Land Development specifically focuses on the plan check and inspections required of development projects on private property. These include site grading, seismic fault investigation, drainage, stormwater management, FEMA flood plain review, Americans with Disabilities Act accessibility, onsite utilities, and related offsite improvements (e.g., driveways, etc.). Field inspectors work with developers and contractors to ensure the project is built in accordance with the approved construction drawings. The Division checks subdivision maps, parcel maps, and lot line adjustments to ensure conformance with the State Subdivision Map Act. The Division also ensures compliance with onsite water retention to reduce impacts to the City’s Municipal Separate Storm Sewer System (MS4). Staff reviews Preliminary Water Quality Management Plans for projects on private property to meet stormwater quality standards. Public Works staff works closely with the Community and Economic Development Department’s Planning Date: August 17, 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: Issuance of a Purchase Order to Willdan Engineering, Inc. for On-Call Plan Check Services (All Wards)

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1 Division for compliance with onsite storm water retention to reduce impacts to the City’s MS4 System.

Discussion
To keep pace with the increased volume of plan check, inspection, and stormwater management services needed (a 19% increase from last year) through the end of the FY 2022/23, the City continues to supplement services with additional support provided through Willdan Engineering. Due to the cyclic nature of construction activity and the broad expertise necessary for the proper review of construction drawings, the City continues its contract with Willdan Engineering for specialized plan reviews, inspection, and stormwater management services related to the Land Development Division. These resources are needed to provide acceptable levels of service and reasonable turn-around time to the public for these projects.
2021-2025 Key Strategic Targets and Goals
The appropriation request is consistent with Key Target No. 1c and 1d: Improved Operational & Financial Capacity - Implement, maintain, and update a fiscal accountability plan and create a framework for spending decisions. Approval of these services will also assist the City in providing a higher level of service in a shorter amount of time, facilitate economic growth in the community, and improve customer service.

Fiscal Impact
Funding for this action is in the approved FY 22/23 Public Works Operating Budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Agency Director of Administrative Services to issue a purchase order to Willdan Engineering, Inc., in an amount not to exceed $550,000 in accordance with the On- Call Professional Services Agreement.

Attachments
Attachment 1 On-Call Professional Services Agreement with Willdan Attachment 2 Resolution No. 2021-205
Attachment 3 Resolution No. 2021-237
Ward: All Wards
Synopsis of Previous Council Actions:

August 18, 2021 Mayor and City Council adopted Resolution No. 2021- 205 approving the award of a three-year Professional Services Agreements between the City of San Bernardino and Willdan Engineering for on-call plan check, inspection, and stormwater management services.

September 15, 2021 Mayor and City Council adopted Resolution No. 2021-237 approving the authorization of the Director of Finance to amend the FY 2021/22 operational budget and appropriate funds in the amount of $250,000 from the General Fund to the Public Works expense budget for plan check, inspection, and stormwater management services

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Resolution No. 2021-237
Resolution 2021-

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RESOLUTION NO. 2021-237

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FISCAL YEAR 2021/22 ADOPTED
OPERATING BUDGET TO APPROPRIATE $250,000 FROM

THE GENERAL FUND TO THE PUBLIC WORKS

DEPARTMENT EXPENSE BUDGET IN ACCORDANCE

WITH THE PROFESSIONAL SERVICES AGREEMENT
WITH WILLDAN ENGINEERING; AND AUTHORIZING

THE DIRECTOR OF FINANCE TO OPEN A PURCHASE
ORDER IN THE AMOUNT OF $500,000 WITH WILLDAN

ENGINEERING FOR PLAN CHECK, INSPECTION, AND

STORMWATER MANAGEMENT SERVICES FOR

PROJECTS RELATED TO LAND DEVELOPMENT
WHEREAS, the Public Works Department is responsible for the implementation of the City’s comprehensive General Plan that provides long-range development policies for managed growth and development: and
WHEREAS, the Land Development Division is responsible for reviewing on-site improvement plans for residential, commercial and industrial projects and prepares conditions of approval to ensure development in accordance with City standards and ordinances, focusing specifically on the plan check and inspections required of development projects on private property; and
WHEREAS, the Division also works with the Public Works and Planning departments to ensure compliance with onsite water retention to reduce impacts to the City’s Municipal Separate Storm Sewer System (MS4), performing reviews of Preliminary Water Quality Management Plans for projects on private property to meet storm-water quality standards; and WHEREAS, On September 2, 2014, the Mayor and City Council approved the original Consultant Services Agreement with Willdan Engineering, (Resolution 2014-327) to provide building inspection and counter technician services to keep pace with the increase in plan check submittals and building inspections requests; and
WHEREAS, on August 18, 2021, Mayor and City Council approved resolution 2021-205 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a three-year Professional Services Agreements between the City of San Bernardino and Willdan Engineering; and

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Resolution No. 2021-237
Resolution 2021-

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WHEREAS, the City now wishes to appropriate $250,000 from the general fund to Public Works Department expense budget for plan review, inspection, and stormwater management services; and
WHEREAS, services are covered by incoming projects to the City through the fees imposed by the City for incoming development projects. Therefore, the collected developer fees associated to incoming projects are recognized as revenues that will realize the requested $250,000 dollar appropriation amount.

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 Director of Finance is hereby authorized to amend the FY 2021/22 operational budget and appropriate funds in the amount of $250,00 from the General Fund to the Public Works expense budget for plan review, inspection, and stormwater management services.

SECTION 3.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 5. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021.

John Valdivia, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk

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Resolution No. 2021-237
Resolution 2021-

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Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2021-237
Resolution 2021-

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote:

Genoveva Rocha, CMC, City Clerk

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1. Approving the award of a construction contract with Riverside Construction Company, Inc. in the amount of $7,436,165.00 to construct State Street Extension Project; and

2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan Budget in the Regional Circulation System fund to allocate an additional $3,039,786 to the State Street Extension Project; and

3. Authorizing construction, construction contingencies and inspection costs in the total amount of $8,500,000 for State Street Extension project; and

4. Authorizing the City Manager or designee, to execute all documents for the construction of State Street extension, Phase I -16th Street to Baseline Street project with Riverside Construction Company, Inc.; and

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

6. Finding the Project is covered by the Mitigated Negative Declaration previously approved for the State Street Extension Project pursuant to the California Environmental Quality Act.

Background

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State Street is designated on the General Plan Circulation Element as a major arterial roadway. State Street currently does not exist between Foothill Boulevard and 16th Street.

It has been a goal of the City for at least 25 years to complete the street between those limits. The total cost of completing the project, which includes two bridges, mitigation of environmental issues (San Bernardino Kangaroo Rats) would be approximately $50,000,000. That amount is beyond the means of the City and federal/state grant funding will be needed to pay for the extension through that area. As an interim solution, the project was divided into four (4) phases (See Attachment No. 6) to implement this General Plan component. The first phase is the extension of State Street between Baseline and 16th Streets.

In anticipation of proposed construction, the project was included in the Fiscal Year 2021/22 Capital Improvement Plan (CIP) and adopted on June 16, 2021, by the Mayor and City Council. The CIP established Regional Circulation System funding in the amount of $3,460,214 for the project to extend State Street between Baseline Street and 16th Street. recognizing that the project costs are experiencing significant inflation in the current market, and additional $2,000,000 was allocated to the project costs during the Fiscal Year 2022/23 budget adoption. However, due to the bids the City received, additional funding will need to be allocated to the project in order to complete it.

Discussion
Project plans and specifications were prepared, and the project was advertised for public bidding on May 18, 2022, and May 25, 2022, in the San Bernardino County Sun Newspaper.

In addition, project was advertised in F. W. Dodge, Construction Bid Board, High Desert Plan Room, Bid America Online, and the City’s websites,

Sealed bids were received and opened on June 23, 2022. The City received two bids as follows:

Bidder City Base Bid
Riverside Construction Company, Inc. Riverside $7,436,165 Hillcrest Contracting, Inc. Corona $8,501,765
The City has reviewed the bid package and confirmed that Riverside Construction Company, Inc. of Riverside, California, is the lowest responsible and responsive bidder, with a total bid amount of $7,436,165. If awarded by the Mayor and City Council, construction work is anticipated to begin in September 2022 and be completed by June 2023.

Environmental Review
On December 5, 2018, the Mayor and City Council adopted Resolution 2018-310 approving an Agreement with Engineering Resources of Southern California, Inc. (ERSC) to provide environmental and civil engineering design services for the extension of State Street from

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16th Street to Baseline Street (SS04-009), including environmental clearance for the project under the California Environmental Quality Act (CEQA). In accordance with State CEQA Guidelines Section 15063 (Initial Study), an Initial Study/Mitigated Negative Declaration (MND) was prepared in connection with the State Street Extension project.

Pursuant to Section 15072 of CEQA, a Notice of Intent to Adopt a MND was posted on September 17, 2019 for the CEQA-mandated thirty (30) day public review and comment period. During the thirty (30) day public review period no comments were received and the Final MND was prepared. On June 9, 2020, the Planning Commission adopted Resolution No.2020-025PC forwarding a recommendation to the Mayor and City Council recommending the adoption of the MND under the CEQA for the State Street Extension Project. On September 2, 2020, the City Council adopted Resolution No. 2020-189, adopting the MND and approving a Mitigation Monitoring and Reporting Program for the State Street Extension Project.

The currently proposed approval of a construction contract and related actions implements Phase I of the State Street Extension Project, which was analyzed in the MND. No subsequent negative declaration or environmental impact report is required pursuant to State CEQA Guidelines Section 15162 because the current actions:

a) do not constitute substantial changes to the State Street Extension Project that will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

b) do not constitute substantial changes with respect to the circumstances under which the State Street Extension Project is undertaken that will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; or

c) do not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the MND was adopted showing any of the following: (i) the current actions will have one or more significant effects not discussed in the MND; (ii) significant effects previously examined will be substantially more severe than shown in the MND; (iii) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the State Street Extension Project, but the Council declined to adopt such measures; or (iv) mitigation measures or alternatives considerably different from those analyzed in the MND would substantially reduce one or more significant effects on the environment, but which the Council declined to adopt. 2021-2025 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 extending the existing roadway within the City.

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Fiscal Impact
There is no General Fund impact associated with this action. As previously stated, the budget for the proposed work was previously established through the adopted Fiscal Year 2021/22 Capital Improvement Plan using Regional Circulation System Funds in the amount of $3,460,214. An additional $2,000,000 was added during the Fiscal Year 2022/23 budget adoption process. However, due to the significant increase in the cost of materials in the current market, the previously adopted budget for this project is still below the actual cost.

Staff recommend an additional $3,039,786 be allocated from the Regional Circulation Fund to cover the full cost of this project. The Regional Circulation Fund has an appropriate fund balance to cover this increased cost and allocation.

State Street Extension, Phase I Project, Regional Circulation System $5,460,214 Additional Fund Allocation (Reginal Circulation System Fund 264) $3,039,786 Total Project Funding $8,500,000
The overall project costs is breakdown as follows:

Construction Bid Amount $7,436,165
Construction Contingency $763,835
Engineering and Inspections $300,000
Total Project Cost $8,500,000
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-185:

1. Approving the award of a construction contract with Riverside Construction Company, Inc. in the amount of $7,436,165.00 to construct State Street Extension Project; and

3. Authorizing construction, construction contingencies and inspection costs in the total amount of $8,500,000 for State Street Extension project; and

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

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6. Finding the Project is covered by the Mitigated Negative Declaration previously approved for the State Street Extension Project pursuant to the California Environmental Quality Act.

Attachments
Attachment 1 Resolution No. 2022-185
Attachment 2 Contract Agreement
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Attachment 6 Phasing Map
Attachment 7 Mitigated Negative Declaration
Ward: Sixth Ward
Synopsis of Previous Council Actions:

September 2, 2020 - Mayor and City Council adopted Resolution No. 2020-189 adopting MND and approving the Mitigation Monitoring and Reporting Program.

June 1, 2022 - Mayor and City Council adopted Resolution No. 2022-138 approving Capital Improvement Program FY 2021/22

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Resolution No. 2022-185
Resolution 2022-185
August 17, 2022

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1 RESOLUTION NO. 2022-185

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE AWARD OF A CONSTRUCTION

CONTRACT WITH RIVERSIDE CONSTRUCTION
COMPANY, INC., IN THE AMOUNT OF $7,436,165 TO

CONSTRUCT STATE STREET EXTENSION PROJECT,
PHASE I – 16 TH STREET TO BASELINE STREET;

AUTHORIZING THE AGENCY DIRECTOR OF

ADMINISTRATIVE SERVICES TO AMEND THE FISCAL
YEAR 2022/23 CAPITAL IMPROVEMENT PLAN BUDGET

IN THE REGIONAL CIRCULATION FUND TO ALLOCATE
AN ADDITIONAL $3,039,786 TO THE STATE STREET
EXTENSION PROJECT, PHASE I – 16 TH STREET TO
BASELINE STREET; AUTHORIZING CONSTRUCTION,

CONSTRUCTION CONTINGENCIES AND INSPECTION
COSTS IN THE TOTAL AMOUNT OF $8,500,000 FOR
STATE STREET EXTENSION PROJECT, PHASE I – 16 TH
STREET TO BASELINE STREET; AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO EXECUTE ALL

DOCUMENTS FOR THE CONSTRUCTION OF THE STATE
STREET EXTENSION, PHASE I -16 TH STREET TO

BASELINE STREET PROJECT WITH RIVERSIDE
CONSTRUCTION COMPANY, INC.; AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO EXPEND THE

CONTINGENCY FUND, IF NECESSARY, TO COMPLETE
THE PROJECT; AND FINDING THAT THE PROJECT IS

COVERED BY THE MITIGATED NEGATIVE

DECLARATION PREVIOUSLY APPROVED FOR THE

STATE STREET EXTENSION PROJECT PURSUANT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the State Street is designated on the General Plan Circulation Element as a major arterial roadway. State Street currently does not exist between Foothill Boulevard and 16th Street. To implement this General Plan component and the first phase is an extension of State Street between Baseline and 16th Streets.

WHEREAS, pursuant to requirements of Section 15063 of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared by Jericho Systems, Inc. on behalf of the City of San Bernardino Public Works Department for the State Street Extension project
WHEREAS, on September 2, 2020, at a duly noticed public hearing, the City Council

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Resolution No. 2022-185
Resolution 2022-185
August 17, 2022

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1 adopted Resolution No. 2020-189 adopting the Mitigated Negative Declaration (2020 MND) and approving a Mitigation Monitoring and Reporting Program in accordance with the California Environmental Quality Act for the State Street Extension project WHEREAS, on June 1, 2022, the Mayor and City Council adopted the FY 2022/2023 Capital Improvement Plan (CIP), establishing the funding for the construction of the State Street Extension, Phase I - 16th Street to Baseline Street project; and WHEREAS, in June 23,2022, staff administered a competitive process for Construction of State Street Extension, Phase I - 16th Street to Baseline Street Project (“Project”), resulting in two construction cost submittals; and
WHEREAS, Riverside Construction Company, Inc., of Riverside, 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 Riverside Construction Company, Inc., of Riverside, California, in the amount of $7,436,165 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 State Street Extension, Phase I - 16th Street to Baseline Street project with Riverside Construction Company, Inc., of Riverside, California, for Project No. 13321 on behalf of the City and to expend contingency funds, if necessary, to complete the Project.

SECTION 3.The Mayor and City Council hereby authorize the Agency Director of Administrative Services to appropriate funds in the amount of $3,039,786 from Regional Circulation Fund to fund the Project.

SECTION 4. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $7,436,165 to Riverside Construction Company, Inc., of Riverside, California, in support of the Construction Agreement.

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

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines.

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Resolution No. 2022-185
Resolution 2022-185
August 17, 2022

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1 (2) The award of a construction contract and related actions to implement the Project is covered by the State Street Extension project evaluated in the approved 2020 MND. No further environmental review is required for the project pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162.
(3) 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.Notice of Determination. The City Council directs staff to file a Notice of Determination with the San Bernardino County Clerk within five (5) working days of the approval of the Project.

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2022-185
Resolution 2022-185
August 17, 2022

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1 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. 2022-185, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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BID TABULATION
FOR
State Street Extension Project, Phase I - 16th Street to Baseline Street BID OPENING: 2:00 P.M., JUNE 23, 2022
FILE: ACCT NO. 264-160-5504-7245 Bid Tabulations
Item
No.

BID ITEM

DESCRIPTION

LOW BIDDER

RIVERSIDE

CONSTRUCTION
COMPANY, INC.
2ND LOW
HILLCREST CONTRACTING, INC.

BID SCHEDULE Estimated
Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Mobilization, Demobilization, Insurance, Bonds, Permits and Miscellaneous 1 LS 615,000.00 615,000.00 581,000.00 $ 581,000.00 2 Traffic Control and Safety 1 LS 275,000.00 275,000.00 89,000.00 $ 89,000.00 3 Clearing and Grubbing, Unclassified Excavation and Unclassified Fill 1 LS 515,000.00 515,000.00 305,000.00 $ 305,000.00 4 Storm Water Pollution and Prevention Plan And NPDES Compliance 1 LS 150,000.00 150,000.00 70,000.00 $ 70,000.00 5 Earthwork Cut 8,300 CY 28.00 232,400.00 21.00 $ 174,300.00 6 Earthwork Fill 38,000 CY 15.00 570,000.00 37.00 $ 1,406,000.00 7 Remove Existing AC Pavement 92,000 SF 0.60 55,200.00 0.41 $ 37,720.00 8 Remove Existing Curb and Gutter 2,000 LF 12.00 24,000.00 18.40 $ 36,800.00 9 Not Used 0.00 $ -
10A Construct AC Pavement – HMA B-PG 70-10 2” Finish Course/Overlay 3,000 TN 105.00 315,000.00 107.00 $ 321,000.00 10B Construct AC Pavement – HMA C2-PG 70-10 4” Base Course 4,800 TN 110.00 528,000.00 101.00 $ 484,800.00 11 Construct Crushed Aggregate Base 7,500 TN 41.00 307,500.00 33.00 $ 247,500.00 12 Construct Type “B” PCC Curb and Gutter per City of San Bernardino Std. Plan No. 200 5,000 LF 32.00 160,000.00 28.30 $ 141,500.00 13 Construct Case “A” PCC Sidewalk per City of San Bernardino Std. Plan No. 202 40,000 SF 7.00 280,000.00 6.00 $ 240,000.00 14 Construct Raised Median with 4” Stamped Concrete per Project Specifications, and per City of San Bernardino Direction 28,000 SF 8.00 224,000.00 10.60 $ 296,800.00 15 Remove PCC Cross Gutter 1,500 SF 5.50 8,250.00 7.40 $ 11,100.00 16 Construct Cross Gutter per City of San Bernardino Std Plan No. 201 2,000 SF 21.00 42,000.00 23.00 $ 46,000.00 17 Construct Curb Ramp per Caltrans Std. Plan No. A88A, Case A, Detail A 1 EA 6,800.00 6,800.00 6,400.00 $ 6,400.00 18 Construct Curb Ramp per Caltrans Std. Plan No. A88A, Case A, Detail B 4 EA 6,100.00 24,400.00 6,400.00 $ 25,600.00 19 Construct Curb Ramp, Case “A” Type 4 per SPPWC Std. Plan 111-5 5 EA 2,400.00 12,000.00 4,900.00 $ 24,500.00 20 Construct Sidewalk per Detail 1, “Sidewalk Placement Around Obstructions” 6,110 SF 7.00 42,770.00 6.30 $ 38,493.00 21 Protect in Place, Existing Manhole, Adjust Frame and Cover per City of San Bernardino Std. Plan No. 304 If Applicable 15 EA 1,300.00 19,500.00 1,347.50 $ 20,212.50 22 Adjust to Grade Existing Water Valve Can per SBMWD W3.1, If Applicable 10 EA 1,100.00 11,000.00 962.50 $ 9,625.00 23 Adjust Gas Valve Cover to Finish Grade 5 EA 1,100.00 5,500.00 962.50 $ 4,812.50 Not Used 0.00 $ -
24 Not Used 0.00 $ -
25A Construct 8” Type “A” PCC Curb per City of San Bernardino Std. Plan No. 200 5,000 LF 22.00 110,000.00 19.30 $ 96,500.00 25B Construct Variable Height (6”–12”) Type “A” PCC Curb per City of San Bernardino Std. Plan No. 200 600 LF 56.00 33,600.00 52.00 $ 31,200.00 26 Header Cut/Grind 2,200 SF 0.50 1,100.00 0.33 $ 726.00 27 Construct 8” AC Dike per San Bernardino Std Plan No. 117 4,970 LF 3.00 14,910.00 10.40 $ 51,688.00 28 Not Used 0.00 $ -
29 Adjust Existing Pull Box to Finish Grade 5 EA 1,100.00 5,500.00 440.00 $ 2,200.00 30 Construct Retaining Wall per SPPWC Std. Plan 618-3, Type A, (H=6’ Max) 1,570 LF 540.00 847,800.00 440.00 $ 690,800.00 31 Construct 24” RCP with 1350 D- Load 260 LF 130.00 33,800.00 470.00 $ 122,200.00 32 Construct 24” Single/Double Straight Headwall per Caltrans Std Plan D89 4 EA 17,000.00 68,000.00 21,300.00 $ 85,200.00 33 Construct Driveway per City of San Bernardino Std. Plan No. 204, Type 1 540 SF 13.00 7,020.00 16.00 $ 8,640.00

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BID TABULATION
FOR
State Street Extension Project, Phase I - 16th Street to Baseline Street 34 Construct Sidewalk per Detail 2, “Sidewalk Construction Standard Transition” 300 SF 7.00 2,100.00 5.70 $ 1,710.00 35 Construct Wrought Iron Fencing per Details on Sheet 7A 2,972 LF 175.00 520,100.00 280.00 $ 832,160.00 36 2” Cold Milling per plans 65,000 SF 0.30 19,500.00 0.33 $ 21,450.00 37 Construct 4” Concrete Slope Protection in Kind 1,510 SF 13.00 19,630.00 72.00 $ 108,720.00 38 Locate Buried 6” Water Gate Valve and Install Valve Can Riser per SBMWD Std Dwg W3.1 1 EA 5,000.00 5,000.00 4,400.00 $ 4,400.00 39 Remove PCC Sidewalk 1,250 SF 4.00 5,000.00 6.10 $ 7,625.00 40 Relocate Approximately 40 Feet Of Wrought Iron Fence And Install Approximately 10 Feet Of New Wrought Iron Fence To Match Existing – SE Corner of State St. 16th St. 25 LF 825.00 20,625.00 194.00 $ 4,850.00 41 Construct Catch Basin No. 2 per City of San Bernardino Std. Plan No. 404 3 EA 15,000.00 45,000.00 17,800.00 $ 53,400.00 42 Construct Catch Basin No. 2 per Caltrans Std. Plan No. D72, Type OL 1 EA 16,000.00 16,000.00 19,400.00 $ 19,400.00 43 Construct PCC Local Depression per City of San Bernardino Std. Plan No. 407, Type 1 4 EA 2,000.00 8,000.00 4,100.00 $ 16,400.00 44 Construct Junction Structure per SPPWC Std. Plan No. 333-2 1 EA 7,500.00 7,500.00 63,000.00 $ 63,000.00 45 Construct Junction Structure No. 4, Case 2 per City of San Bernardino Std. Plan No. 414 2 EA 4,000.00 8,000.00 21,300.00 $ 42,600.00 46 Construct Aqueduct Crossing per EMWD Std Dwg B-575.Use 24” OD Steel Pipe Casing T=1/2” Thickness and 15” HDPE Carrier Pipe 105 LF 800.00 84,000.00 1,800.00 $ 189,000.00 47 Construct Aqueduct Crossing per EMWD Std Dwg B-575. Use 28” OD Steel Pipe Casing T=1/2” Thickness and 18” HDPE Carrier Pipe 135 LF 850.00 114,750.00 2,080.00 $ 280,800.00 48 Construct 24” RCP, 2000 D-Load 250 LF 125.00 31,250.00 470.00 $ 117,500.00 49 Pipe Connection to Existing Storm Drain per LAFCD Std Dwg No. 2-D190 1 EA 7,000.00 7,000.00 30,000.00 $ 30,000.00 50 Allowance to Relocate Approximately 420 lf of Existing 8” PVC Sanitary Sewer Line and Reconstruct 3 SSMH 1 LS 150,000.00 150,000.00 150,000.00 $ 150,000.00 51 Not Used 0.00 $ -
52 Temporarily Remove and Reconstruct Wrought Iron Fencing That Conflicts with Storm Drain Improvements per Details on Sheet 7A 50 LF 160.00 8,000.00 260.00 $ 13,000.00 53 Remove and Replace Maintenance Road with 0.16' AC over 0.33' AB 650 SF 13.00 8,450.00 19.30 $ 12,545.00 54 Remove and Install Thermoplastic Traffic Striping and Markings 1 LS 25,000.00 25,000.00 27,400.00 $ 27,400.00 55 Remove Existing Sign 8 EA 100.00 800.00 44.00 $ 352.00 56 Install Sign 15 EA 350.00 5,250.00 385.00 $ 5,775.00 57 Traffic Signal Modification 1 LS 410,000.00 410,000.00 400,000.00 $ 400,000.00 58 Install Street Light, Type D, per City of San Bernardino Std. Plan No. SL-1 18 EA 6,500.00 117,000.00 8,300.00 $ 149,400.00 59 Install No. 3-1/2 Pullbox per City of San Bernardino Std. Plan No. SL-2 25 EA 400.00 10,000.00 940.00 $ 23,500.00 60 Install 1-1/2” Conduit, SCH 80 PVC with (2)#8, (1)#8G 6,500 LF 20.00 130,000.00 16.50 $ 107,250.00 61 Install 2” Conduit, Sch 80 PVC with (4)#8 and (1)#8G 20 LF 160.00 3,200.00 110.00 $ 2,200.00 62 Install 1-1/2” conduit, SCH 80 PVC with (4)#8 and (1)#8G 210 LF 50.00 10,500.00 16.50 $ 3,465.00 63 Install 3” Conduit, SCH 80 PVC with Poly Pull Rope, with No. 6 Pull boxes spaced 500’ apart 3,710 LF 26.00 96,460.00 28.60 $ 106,106.00 64 Install 1-1/2” Conduit, SCH 80 PVC with Pull 40 LF 75.00 3,000.00 11.00 $ 440.00 TOTAL BID Totals $7,436,165.00 $8,501,765.00 $0.00

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BID TABULATION
FOR

INSTALLATION OF TRAFFIC SIGNAL
AT

WATERMAN AVENUE AND WASHINGTON STREET / BARTON ROAD
PROJECT PLAN NO. 10496
C.M.A.Q. , FEDERAL PROJECT NO. CML-5033(014), EA # 08-924729L

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5 3
0 ATTACHMENT NO. 5

LOCATION MAP
State Street Extension
Phase 1

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2 4
7 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 17, 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: Amendment No. 1 to Agreement with DLR Group for Preliminary Design of New Animal Shelter (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Professional Service Agreement with DLR Group increasing contractor travel expenses by the amount of $3,863.15; and authorizing the Agency Director of Administrative Services to increase the purchase order to a total amount not to exceed $165,630.15 for the preliminary design of the new animal shelter.

Background
The Animal Services Department cares for all lost, abandoned, injured, and seized animals in the City’s shelter until they can be returned to their owners or adopted by a member of the public. Over the past year, about 300 animals came through the shelter’s doors. The Animal Control Officers are responsible for responding to calls for service throughout the City of San Bernardino, impounding stray, injured and sick animals, as well as enforcing City ordinances. Our shelter team cares for and adopts animals out to the public and nonprofit groups.

On November 17, 2021, the Mayor and City Council adopted Resolution No. 2021-274 approving an agreement with DLR Group to provide the preliminary design of the new animal shelter for the City of San Bernardino.

DLR Group is assisting the City with developing a clear plan for the future of Animal Services within the City of San Bernardino and surrounding communities.

Discussion
The City of San Bernardino entered into an agreement with DLR Group on November 17, 2021, to provide services for the preliminary design of a new animal shelter. Those services are architecture, civil engineering, landscape architecture, and cost estimating.

When the DLR Group proposal was prepared in November 2021, it was anticipated that

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2 4
7 the amount submitted for travel expenses would be sufficient to cover travel and related administrative costs for the project. The requested additional costs are due to inflation and increased travel related costs that are prevalent throughout the national economy and could not have been anticipated.
2021-2025 Key Strategic Targets and Goals
Authorization of the amendment to the current agreement with DLR Group aligns with Key Target No. 4: Economic Growth & Development. The new animal shelter will assist to reunite pets with their owners and/or shelter those in need and find new homes for the animals that do not have a permanent home.

Financial Impact
There is no General Fund impact associated with this action. Project budget for the proposed work was previously established through the adopted FY 2021/22 Capital Improvement Plan through Federal Grant Funding (Fund 123) in the amount of $500,000.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Professional Service Agreement with DLR Group increasing contractor travel expenses by the amount of $3,863.15; and authorizing the Director of Finance to increase the purchase order to a total amount not to exceed $165,630.15 for the preliminary design of the new animal shelter
Attachments:

Attachment 1 Amendment No. 1 - DLR Group
Attachment 2 Exhibit A - Scope of Services
Attachment 3 Original Agreement
Ward: Third Ward
Synopsis of Previous Council Actions:

November 17, 2021 Mayor and City Council adopted Resolution 2021-274 agreement with DLR Group to provide the preliminary design of the new animal shelter.

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-1-
6 9
AMENDMENT NO. 1 TO

DESIGN SERVICES AGREEMENT

WITH DLR GROUP
(PRELIMINARY ANIMAL SHELTER DESIGN)
This Amendment No. 1 to the Design Services Agreement is made and entered into as of August 17, 2022 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and DLR Group, a California corporation (“Designer”). City and Designer are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Designer have entered into an agreement, dated, November 17, 2021, for the preliminary design of the new City of San Bernardino Animal Shelter (the “Master Agreement”).

B. WHEREAS, the Parties now desire to amend the Master Agreement in order to provide additional compensation for travel and related administrative expenses.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 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. Compensation. The total not to exceed compensation amount shall be increased by Three Thousand Eight Hundred Sixty-Three Dollars and Fifteen Cents ($3,863.15) increasing the total not to exceed compensation amount from One Hundred Sixty-One Thousand Seven Hundred Sixty-Seven Dollars ($161,767.00) to One Hundred Sixty-Five Thousand Six Hundred Thirty Dollars and Fifteen Cents ($165,630.15). The additional travel and related administrative expenses are more particularly described in Exhibit “A”, attached hereto to this Amendment No. 1 and incorporated herein by this reference.

3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, 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 Amendment No. 1.

4. Electronic Transmission. A manually signed copy of this Amendment No. 1 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

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6 9
Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE TO AMENDMENT NO. 1

TO DESIGN SERVICES AGREEMENT

WITH DLR GROUP
(PRELIMINARY ANIMAL SHELTER DESIGN)
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field,
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

DESIGNER

DLR GROUP
Signature
Name
Title

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EXHIBIT A

ADDITIONAL TRAVEL AND ADMINISTRATIVE COSTS
[ATTACHED]

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DLR Group inc.
a California corporation
1650 Spruce Street, Suite 300
Riverside, CA 92507

O: 951-300-0220
C: 909-908-1233

EXHIBI T - A

May 16, 2022

Alex Qishta, P.E.

Interim DPW/City Engineer
Public Works Department
City of San Bernardino
290 North D St
San Bernardino, CA 92401

Re: Project Name: City of San Bernardino Animal Sh elter Preliminary Design – Reimbursable Expenses DLR Group Project No.: 75-22603-00

Mr. Qishta:

The City of San Bernardino entered into an Agreement with DLR Group on November 17, 2021 to provide services for the Preliminary Design Report (PDR) for the Pro posed New City of San Bernardino Animal Shelter pro ject.

Service are Architecture, Civil Engineering, Landsc ape Architecture, and Cost Estimating.as needed to prepare the PDR.

When the proposal was prepared early last November, it was our anticipation that what was included in the proposal would be sufficient to cover travel and re lated administrative cost for the project. The incr ease in expenses is due to the rise in travel costs and acc elerated inflation that has transpired in recent mo nths, which could not have been anticipated. DLR Group requests that the City consider allowing the next invoice t o include the balance of the reimbursable expenses as calcula ted below and in accordance with paragraph 3.10.3 o f the Agreement and paragraph 4.0 of DLR Group’s proposal.

The fee proposal, Exhibit D of the Design Services Agreement (Agreement), includes travel expenses up to $3,172.

The expenses submitted below are for travel by our Animal Care Architect, Animal Arts, to and from their office in Boulder Colorado to the in-person meetings with Animal Shelter staff and the two community meetings.

Meals $ 628.95

Airfare $ 1,435.19
Lodging $ 2,494.93
Parking $ 432.00
Car Rental $ 938.47
Mileage $ 66.63

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Alex Qishta, P.E.

May 16, 2022

Page 2 ends

Taxi $ 104.84
FedEx $ 16.51

Reimbursable Expenses - Animal Arts $ 6,117.52 DLR Group Administrative Cost (15%) $ 917.63 Total Reimbursable Expenses $ 7,035.15

Reimbursable Expenses included in the original fee proposal, Exhibit D, of the original Design Service Agreement $ 3,172.00 Balance of Reimbursable Expenses Requested $ 3,863.15

Original Design Service Agreement not to exceed amount $ 161,767.00

New Design Service Agreement not to exceed amount $ 165,630.15

We would appreciate the City’s consideration of the se unanticipated expenses. Please let me know if yo u need any further detail regarding this request.

Sincerely,
DLR Group

Christopher Lawrence, AIA, LEED AP BD+C
Project Manager | Principal

INIT:init

Encl: None

cc: T. Winfrey, I. Saed

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 17, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Amendment to Initiation of Proceedings to Form Proposed Community Facilities District No. 2022-2
(Palm) (Ward 4)

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

1. Adopt Resolution No. 2022-177 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Intention to Establish Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino; and

2. Adopt Resolution No. 2022-178 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino.

Background
On July 20, 2022, the City Council adopted Resolution No. 2022-143 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2022-2

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(Palm) of the City of San Bernardino” (the “Resolution of Intention”), stating its intention to establish the proposed Community Facilities District No. 2022-2 for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property. The City Council also adopted Resolution No. 2022-144 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino” (the “Resolution Declaring Necessity”).

The Resolution of Intention and Resolution Declaring Necessity set the date of the public hearing on the formation and proposed indebtedness of the proposed Community Facilities District No. 2022-2 on September 7, 2022 at 7:00 p.m. in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines.

The City Council has cancelled the September 7, 2022 meeting and the City Council desires to amend the date of the public hearing to October 5, 2022.

Discussion
Approval of the resolutions described above will amend the date of the public hearing to October 5, 2022. Besides the amended provisions, the remaining provisions of the Resolution of Intention and Resolution Declaring Necessity remain fully effective. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
No fiscal impact to the City.

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

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Attachments
Attachment 1 - Resolution No. 2022-177 Amending and Supplementing the Resolution Declaring Intention to Establish
Attachment 2 - Resolution No. 2022-178 Amending and Supplementing the Resolution Declaring Necessity to Incur a Bonded Indebtedness Attachment 3 - Project Map
Attachment 4 – Resolution No. 2022-143
Attachment 5 – Resolution No. 2022-144
Ward
Fourth Ward
Synopsis of Previous Council Actions
July 20, 2022 - The Mayor and City Council adopted Resolution No. 2022-143 Declaring Intention to Establish Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino
July 20, 2022 – The Mayor and City Council adopted Resolution No. 2022-144 Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino

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55600.00923\40494040.1
Resolution No. 2022-177
RESOLUTION NO. 2022-177

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AMENDING AND SUPPLEMENTING THE RESOLUTION

DECLARING INTENTION TO ESTABLISH PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM)

OF THE CITY OF SAN BERNARDINO
WHEREAS, on July 20, 2022, the City Council (the “City Council”) of the City of San Bernardino (the “City”), pursuant to 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,” adopted Resolution No. 2022-143 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino” (the “Resolution of Intention”), stating its intention to establish the proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California (the “CFD No. 2022-2”) for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the Resolution of Intention set the date of the public hearing on the formation of proposed CFD No. 2022-2 on September 7, 2022 at 7:00 p.m. in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and WHEREAS, the City Council has cancelled the September 7, 2022 meeting and therefore desires to amend the date of the public hearing to October 5, 2022.

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

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

SECTION 2. Public Hearing. Section 10 of Resolution No. 2022-143 shall be deleted in its entirety and replaced by the following:

SECTION 10. Hearing. A public hearing on the formation of proposed CFD No. 2022-2 shall be held at 7:00 p.m. on October 5, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines.

SECTION 3. Amendment. This Resolution amends and supplements the Resolution of Intention and said resolution, as amended hereby, remains fully effective as therein specified

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55600.00923\40494040.1
Resolution No. 2022-177
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7 2
1 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 17th 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

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55600.00923\40494040.1
Resolution No. 2022-177
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7 2
1 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. 2022-177, adopted at a regular meeting held on the 17th day of August, 2022 by the following vote:

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55600.00923\40494013.1
Resolution No. 2022-178
RESOLUTION NO. 2022-178

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AMENDING AND SUPPLEMENTING THE RESOLUTION

DECLARING NECESSITY TO INCUR A BONDED

INDEBTEDNESS OF PROPOSED COMMUNITY
FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY

OF SAN BERNARDINO
WHEREAS, on July 20, 2022, the City Council (the “City Council”) of the City of San Bernardino (the “City”), pursuant to Section 53321 of the California Government Code, adopted Resolution No. 2022-144 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino” (the “Resolution Declaring Necessity”), declaring its intention to establish proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of Riverside, State of California (“CFD No. 2022-2”), for the purpose of providing and financing certain public facilities which are necessary to meet increased demands placed upon the City as a result of development which will occur within CFD No. 2022-2; and
WHEREAS, the Resolution Declaring Necessity set the date of the public hearing on the proposed indebtedness for CFD No. 2022-2 on September 7, 2022 at 7:00 p.m. in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and
WHEREAS, the City Council has cancelled the September 7, 2022 meeting and therefore desires to amend the date of the public hearing to October 5, 2022.

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

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

SECTION 2. Public Hearing. Section 5 of Resolution No. 2022-144 shall be deleted in its entirety and replaced by the following:

SECTION 5. Hearing. A public hearing on the proposed bonded indebtedness for CFD No. 2022-2 shall be held at 7:00 p.m. on October 5, 2022, in the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. Said hearing shall be conducted concurrently with the hearing on the formation of CFD No. 2022-2.

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55600.00923\40494013.1
Resolution No. 2022-178
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7 2
0 SECTION 3. Amendment. This Resolution amends and supplements the Resolution Declaring Necessity and said resolution, as amended hereby, remains fully effective as therein specified
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 17th 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

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55600.00923\40494013.1
Resolution No. 2022-178
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7 2
0 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. 2022-178, adopted at a regular meeting held on the 17th day of August, 2022 by the following vote:

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ORANGE ST

PALM AVE

HIGHLAND AVE
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ORANGE ST

CITRUS ST

PIEDMONT DR

HIGHLAND AVE

SEINEAVE

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CENTRAL AVE

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PACIFIC ST
·|}þ330
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COMMUNITY FACILITIES DISTRICT NO. 2022-2
(PALM)

PROJECT MAP

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Resolution No. 2022-143
Resolution No. 2022-143
July 20, 2022

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1 RESOLUTION NO. 2022-143

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING INTENTION TO ESTABLISH PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM)

OF THE CITY OF SAN BERNARDINO
WHEREAS, the City Council (the “City Council”) of the City of San Bernardino (the “City”) has received a written petition from the owners of certain real property (the “Owner’) within the City of San Bernardino (the “City”) requesting that the City Council initiate proceedings for the formation of a community facilities district, pursuant to 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”) for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the Owners are the owners of all of the property which is proposed to be included within the proposed community facilities district; and WHEREAS, the Act provides that the City Council may initiate proceedings to establish a community facilities district only if it has first considered and adopted local goals and policies concerning the use of community facilities districts; and WHEREAS, the City Council has been presented with its Local Goals and Policies for all Community Facilities Districts of the City of San Bernardino (the “Policies”) for consideration, and the proposed public facilities comply with the Policies; and WHEREAS, pursuant to Section 53320 of the Act, having received such a petition, the City Council is required to institute proceedings for the formation of the proposed community facilities district by the adoption of a resolution of intention pursuant to Section 53321 of the Act.

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

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

SECTION 2. Proposed Community Facilities District. A community facilities district is proposed to be established under the provisions of the Act. The name proposed for the community facilities district is “Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California” herein referred to as CFD No. 2022-

2. SECTION 3. Description and Map of Boundaries. The boundaries of the proposed CFD No. 2022-2 are described and shown on the map entitled “Proposed Boundary Map Community

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Resolution No. 2022-143
Resolution No. 2022-143
July 20, 2022

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Facilities District No. 2022-2 (Palm) City of San Bernardino, County of San Bernardino, State of California,” which is on file with the City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after conforming with the other requirements of Section 3111 of said Code, record the original of said map in her office, and not later than fifteen (15) days prior to the date of the public hearing set forth in Section 10 hereof shall file a copy of said map with the County Recorder of the County of San Bernardino.

SECTION 4. Types of Facilities; Incidental Expenses.

The types of public facilities to be financed by the proposed CFD No. 2022-2, which may be provided by the construction or acquisition thereof or the financing of impact fees to be used for the construction or acquisition thereof (herein, the “Facilities”) include but are not limited to:
(a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, and parkland and open space; and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed CFD No. 2022-2, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed CFD No. 2022-2, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities (the “Incidental Expenses”).

SECTION 5. Special Taxes. Except where funds are otherwise available, a special tax sufficient to finance the Facilities and related Incidental Expenses secured by the recordation of a continuing lien against all taxable or nonexempt property in CFD No. 2022-2, shall be annually levied within CFD No. 2022-2.

Under no circumstances will Special Taxes levied in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within CFD No. 2022-2 by more than 10 percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit or the equivalent for private residential use is issued and for such parcel.

For further particulars as to the rate and method of apportionment of the Special Taxes to be levied on parcels of taxable property in CFD No. 2022-2 reference is made to the attached and incorporated Exhibit A (the “Rate and Method”) which sets forth in sufficient detail the rate and method of apportionment of the Special Taxes to allow each landowner or resident within CFD No. 2022-2 to clearly estimate the maximum amount that such person will have to pay.

The conditions under which the obligation to pay Special Taxes may be prepaid and permanently satisfied are as set forth in the Rate and Method.

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Resolution No. 2022-143
Resolution No. 2022-143
July 20, 2022

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Pursuant to Section 53340 of the Act, said Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that CFD No. 2022-2 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor’s parcels as permitted by the Act.

Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Taxes shall attach to all non-exempt real property in CFD No. 2022-2, and that lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien is canceled in accordance with law or until collection of the Special Taxes ceases.

SECTION 6. Exempt Properties. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Taxes.

SECTION 7. Necessity. The City Council finds that the Facilities described in Section 4 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of proposed CFD No. 2022-2.

SECTION 8. Repayment of Funds Advanced or Work-in-Kind. Pursuant to Section 53314.9 of the Act, the City Council proposes to accept advances of funds or work-in-kind from private persons or private entities and to provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including but not limited to, paying any costs incurred by the City in creating proposed CFD No. 2022-2, and to enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind to repay funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council.

SECTION 9. Prohibition of Owner Contracts. Pursuant to Section 53329.5 of the Act, the City Council finds that the public interest will not be served by allowing the owners of property within proposed CFD No. 2022-2 to enter into a contract in accordance with subdivision (a) of that section, and that such owners shall not be permitted to elect to perform the work and enter into a written contract with the City for the construction for the Facilities pursuant to said Section 53329.5.

SECTION 10. Hearing. A public hearing on the formation of proposed CFD No. 2022-2 shall be held at 7:00 p.m. on September 7, 2022 in the Bing Wong Auditorium of the Norman F.

Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines.

SECTION 11. Notice of Hearing. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the Act, and may also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within CFD No. 2022-2 as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322.

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Resolution No. 2022-143
Resolution No. 2022-143
July 20, 2022

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SECTION 12. Report. The officers of the City who will be responsible for providing the proposed Facilities to be provided within and financed by proposed CFD No. 2022-2, if it is established, shall study proposed CFD No. 2022-2, and, at or before the time of said hearing, file a report or reports with the City Council containing a brief description of the Facilities by type which will in their opinion be required to adequately meet the needs of proposed CFD No. 2022- 2 and their estimate of the fair and reasonable cost of providing the Facilities and the related Incidental Expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 10 hereof.

SECTION 13. Description of Voting Procedures. The voting procedures to be followed shall be pursuant to Section 53326 of the Act and pursuant to the applicable provisions of the California Election Code.

SECTION 14. Approval of Policies. The Policies are hereby approved as presented to the City Council at this meeting.

SECTION 15. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 16. 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 17. 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

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Resolution No. 2022-143
Resolution No. 2022-143
July 20, 2022

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

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

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Resolution No. 2022-143
A-1

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM)

OF THE CITY OF SAN BERNARDINO
A Special Tax (all capitalized terms not otherwise defined herein are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino ("CFD No. 2022-2"). The amount of Special Tax to be levied in each Fiscal Year, on an Assessor’s Parcel, shall be determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2022-2 by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand-alone Residential Unit.
"Acre” or “Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or reasonably estimated costs related to the administration of CFD No. 2022-2, levy on the Special Tax therein and payment of debt service on the outstanding Bonds, including but not limited to, the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022-2 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2022-2 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2022-2 and any major property owner associated with applicable federal and state securities laws and the Act; litigation related to or arising out of CFD No. 2022-2; legal costs; compliance with continuing disclosure undertakings, the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs

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A-2
of the City, CFD No. 2022-2 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2022-2 for any other administrative purposes of CFD No. 2022-2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"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 number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Tax within CFD No. 2022-2 have been pledged. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses.
"Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December 31.

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A-3
"CFD” or “CFD No. 2022-2" means Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino established by the City under the Act. “CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes.
“City” means the City of San Bernardino, State of California. "City Council" means the City Council of the City of San Bernardino, acting as the Legislative Body of CFD No. 2022-2, or its designee.
“Condominium Plan" means a condominium plan pursuant to California Civil Code, Section 6624 et seq.
"County" means the County of San Bernardino, State of California. "Developed Property" means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"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 et seq.) o or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 et seq. that creates individual lots for which Building Permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on July 1 st of any year and ending the following June 30th.
“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.
“Land Use Category” means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2022-2 in any Fiscal Year on any Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator.

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"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.
“Proportionately” means for Taxable Property for Special Tax that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property or Provisional 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 Assessor’s Parcels of Undeveloped Property or Provisional Undeveloped Property. "Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F. "Residential Property" means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Residential Units. “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 CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA. “RMA" means this Rate and Method of Apportionment of Special Taxes. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property on an Assessor’s Parcel.
"Special Tax" or “Special Taxes” means any of the special taxes authorized to be levied within CFD No. 2022-2 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established under the Indenture in association with the Bonds to the extent that replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year, (v) to cure any delinquencies in the amount of principal or interest on the Bonds that occurred in a previous Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or

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construction of facilities authorized by CFD No. 2022-2 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2022-2, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property. "Welfare Exempt Property" means, in any Fiscal Year, all Assessor’s Parcels within the boundaries of CFD No. 2022-1 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.

B. SPECIAL TAX
Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement.

C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2022-2023, each Assessor’s Parcel within CFD No. 2022-2 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property.

Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as a Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage.

In the event that there are parent Assessor’s Parcel(s) for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the lots on which the Residential Unit(s) have been or will be built (in accordance with the Final Map or Condominium Plan) on such parent Assessor’s Parcel, the amount of the Special Tax on such parent Assessor’s Parcel shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special

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Tax for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amounts shall be levied as Developed Property in accordance with Step 1 and, if applicable, Step 4 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the amount determined in clause (2).

D. MAXIMUM SPECIAL TAX

1. Developed Property
The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.

The Maximum Special Tax for each Assessor’s Parcel of Non-Residential Property and Multifamily Property shall be the applicable Assigned Special Tax described in Table 1 of Section D.
a. Assigned Special Tax
Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2022-2023 shall be determined pursuant to Table 1 below.

TABLE 1

ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax Per
Taxable Unit

1. Single Family Residential Property RU Less than 1,800 sq. ft $1,552

2. Single Family Residential Property RU 1,800 sq. ft to 1,950 sq. ft $1,595

3. Single Family Residential Property RU 1,951 sq. ft to 2,100 sq. ft $1,637

4. Single Family Residential Property RU 2,101 sq. ft to 2,250 sq. ft $1,764

5. Single Family Residential Property RU 2,251 sq. ft to 2,400 sq. ft $1,806

6. Single Family Residential Property RU Greater than 2,400 sq. ft $1,849

7. Multifamily Property Acre N/A $27,459

8. Non-Residential Property Acre N/A $27,459

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b. Multiple Land Use Categories
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final. c. Backup Special Tax
The Backup Special Tax for an Assessor’s Parcel within a Final Map classified as Single Family Residential Property shall be calculated according to the following formula.

B = (U x A) / L
The terms above have the following meanings:

B = Backup Special Tax per Assessor’s Parcel classified as Single Family Residential Property within the Final Map.

U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below.

A = Acreage of net taxable Single Family Residential Property that exists or is expected to exist in such Final Map at the time of calculation, as determined by the Administrator.

L = Number of Assessor’s Parcels of Single Family Residential Property expected to exist after build out in such Final Map at the time of calculation, as determined by the Administrator.

In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $27,459 per Acre.

Notwithstanding the foregoing, the Backup Special Tax for an Assessor’s Parcel of Developer Property for which a certificate of occupancy has been granted may not be revised.

In the event any superseding Final Map is recorded as a Final Map within the boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be $27,459 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property or Non- Residential Property.

2. Approved Property
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.

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The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $27,459 per Acre.

3. Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property shall be $27,459 per Acre.

E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:

Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement.

Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.

Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for a private residential use has been issued as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

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F. EXEMPTIONS
The City shall classify as Exempt Property, in the chronological order in which the property becomes exempt, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 9.11 Acres.

Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 9.11 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 9.11 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.

Welfare Exempt Property shall be exempt from the payment of the Special Tax so long as the property qualifies as a Welfare Exempt Property.

G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
“CFD Public Facilities” means $3,000,000 expressed in 2022 dollars, which shall increase by the Construction Inflation Index on July 1, 2023, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2022-2, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment.
“Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2022-2.
“Construction Inflation Index” means the annual percentage change in the Engineering News- Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles.

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“Future Facilities Costs” means the CFD Public Facilities minus public facility costs available to be funded, or that were funded, through existing construction or escrow accounts or funded by the Outstanding Bonds or Special Taxes, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. “Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.

1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for which a Building Permit has not been issued, and (iv) Assessor’s Parcels of Provisional Undeveloped Property. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment.

An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel.

Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount shall be calculated as follows (some capitalized terms are defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.

2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property

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for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, or Provisional Undeveloped Property to be prepaid, compute the Maximum Special Tax for the Assessor’s Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied the Maximum Special Tax assuming build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).

8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid.

10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the

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expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments.

The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all non-delinquent Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property may be partially prepaid.

For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula:

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PP = ((PE –A) x F) +A
These terms have the following meaning:

PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.

With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment Amount for the Assessor’s Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Assessor’s Parcel pursuant to Section E.

H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2064- 2065 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2022-2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2022-2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2022-2 have been satisfied.

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. 2022-2 may collect Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

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J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes.

During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s).

No refunds of previously paid Special Taxes shall be made.

The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.

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Resolution No. 2022-144
Resolution No. 2022-144
July 20, 2022

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1 RESOLUTION NO. 2022-144

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA

DECLARING NECESSITY TO INCUR A BONDED

INDEBTEDNESS OF PROPOSED COMMUNITY
FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY

OF SAN BERNARDINO
WHEREAS, pursuant to Section 53321 of the California Government Code, the City Council (the “City Council”) of the City of San Bernardino (the “City”) has adopted a resolution (the “Resolution of Intention”) declaring its intention to establish proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of Riverside, State of California (“CFD No. 2022-2”), for the purpose of providing and financing certain public facilities described in Exhibit A attached hereto and incorporated herein by this reference (the “Facilities”) which are necessary to meet increased demands placed upon the City as a result of development which will occur within CFD No. 2022-2; and
WHEREAS, the City Council has determined that it is necessary for proposed CFD No. 2022-2 to incur a bonded indebtedness for the purpose of providing and financing such Facilities; and
WHEREAS, it is the intention of this City Council to finance the acquisition or construction of all or a portion of such Facilities through the levy of special taxes on taxable property within CFD No. 2022-2 and the issuance of bonds of CFD No. 2022-2, such bonds to be secured by such special taxes to be levied on taxable property within CFD No. 2022-2, all as authorized pursuant to the Act.

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

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

SECTION 2. Declaration of Convenience and Necessity. This City Council declares that the public convenience and necessity requires that a bonded indebtedness be incurred by CFD No. 2022-2 to contribute to the financing of all or a portion of the Facilities.

SECTION 3. Purpose for Proposed Indebtedness. The purpose for the proposed debt of CFD No. 2022-2 is to contribute to the financing of the acquisition or construction of the Facilities.

SECTION 4. Bond Authorization. The amount of the bonded indebtedness of CFD No. 2022-2 may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the indebtedness is proposed to be incurred as authorized pursuant to the Act. The amount of the indebtedness proposed to be authorized for CFD No. 2022-2 is $4,000,000.

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Resolution No. 2022-144
Resolution No. 2022-144
July 20, 2022

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1 SECTION 5. Hearing. A public hearing on the proposed bonded indebtedness for CFD No. 2022-2 shall be held at 7:00 p.m. on September 7, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. Said hearing shall be conducted concurrently with the hearing on the formation of CFD No. 2022-2.

SECTION 6. Notice. The City Clerk shall publish a notice of the time and place of said hearing pursuant to Section 53346 of the Act and may also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within CFD No. 2022-2.

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

SECTION 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 9. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 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

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Resolution No. 2022-144
Resolution No. 2022-144
July 20, 2022

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1 Packet Pg. 866

Resolution No. 2022-144
Resolution No. 2022-144
July 20, 2022

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1 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. 2022-144, adopted at a regular meeting held on the 20 th day of July, 2022 by the following vote:

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Resolution No. 2022-144
A-1

EXHIBIT A

FACILITIES
The types of public facilities to be financed by the proposed CFD No. 2022-2, which may be provided by the construction or acquisition thereof or the financing of impact fees to be used for the construction or acquisition thereof (herein, the “Facilities”) include but are not limited to:
(a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, and parkland and open space; and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed CFD No. 2022-2, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed CFD No. 2022-2, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 17, 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: Adoption of Ordinance No. MC-1590, CFD 2019-1 - Annexation No. 18 (Ward 7)
Recommendation
Adopt Ordinance No. MC-1590 of 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).

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 August 3, 2022, the Mayor and City Council introduced, read by title only, and waived further reading of Ordinance No. MC-1590. 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 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

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Fiscal Impact
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-1590 of 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).

Attachments
Attachment 1 – Ordinance No. MC-1590 (Ordinance Levying Special Taxes) Attachment 2 – Exhibit A – Description of Services
Attachment 3 – Exhibit B – Description of Territory
Attachment 4 – Project Location Map
Ward:

Seventh Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”

July 17, 2019 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.

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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.

June 15, 2022 Mayor and City Council adopted Resolution No. 2022-131, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”

August 3, 2022 Mayor and City Council adopted Resolution No. 2022-163 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. 18), and adopted Resolution No. 2022-164 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 18); and introduced Ordinance No.

MC-1590 amending Ordinance No. MC-1522.

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Ordinance No. MC-1590
1 ORDINANCE NO. MC-1590

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 202 2-2023 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 Mayor and 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 August 3, 2022, at the time and place specified in said published and mailed notice, the Mayor and City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and

WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and

WHEREAS, subsequent to said hearing, the Mayor and City Council adopted resolutions entitled "Resolution of the Mayor and 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 Forma tion") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election

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Ordinance No. MC-1590
2 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 Mayor and 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 reserv e 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 t axes 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 Ordin ance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

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

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

John Valdivia, Mayor
City of San Bernardino

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Ordinance No. MC-1590
3 Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Ordinance No. MC-1590
4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1590, introduced by the Mayor and City Council of the City of San Bernardino, California, at a regular meeting held the 3 rd day of August 2022. Ordinance No. MC-
____ was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote:

WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2022.

Genoveva Rocha, CMC, City Clerk

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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 inc lude all costs attribut able 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 simila r 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 inc lude, without lim itation, 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 s ituated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal fr om and maintenance and repair of public struc tures situated on parks, parkway s, streets, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water qualit y 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 replac ement 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 appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems 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 s ubdivisions 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 pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of August 17, 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 Stora ge 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 Ca jon 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 Holdin gs 0281-061-35
13 Ma gic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Famil y Trust 0136-191-21
15 Gateway SB, LLC
0134-054-02 (Por.), -07 (Por.),
-08(Por.), -09 (Por.), -20 (Por.),
-24, -25, -33
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 Geor ge A. Pearson 0142-212-18
18 RGC Famil y Trust 0142-325-04
19 170 East 40 th Street, LLC 0154-242-22 and -23
20 108 Hi ghland, LP 0150-221-78
21 To Be Determined
22 1300 E Hi ghland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18

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MARVIN
DR
DALLAS
AVE

ROSALIND
AVE

SIXTH ST

VICTORIA ST

MERIDIAN
AVE

SPRUCE ST
^_
·|}þ259
·|}þ18
·|}þ210
§¨¦
215
£¤66
£¤66

MILL ST
16TH ST

SPRUCE ST

SIERRA W
AY
W
ATERM
AN AVE

NINTH ST

CAMPUS WAY
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PEPPER AV
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 18

PROJECT MAP

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Mayor and City CouncilAugust 17, 2022

Mayor and City Council
August 17, 2022