Agenda packet — Mayor and City Council, September 21, 2022 (part 2 of 6)

10.5.1 Ensure compliance with the Federal Clean
Water Act requirements for National Pollutant
Discharge Elimination System (NPDES) permits,
including developing and requiring the
development of Water Quality Management Plans
for all new development and significant
redevelopment in the City.

Consistent. As discussed in Section 5.10, Hydrology
and Water Quality, the Project would comply with
applicable NPDES permit requirements, including
compliance with conditions of the CGP and
development of a SWPPP, to ensure Project
construction would not result in impacts related to
stormwater runoff. The Project would be required
to incorporate a WQMP with post-construction (or
permanent) LID site design, source control, and
treatment control BMPs. The LID site design would
minimize impervious surfaces and provide
infiltration of runoff into landscaped areas.

10.5.2 Continue to implement an urban runoff
reduction program consistent with regional and
federal requirements, which includes requiring and
encouraging the following:

Consistent. As discussed in Section 5.10, Hydrology
and Water Quality, the Project would comply with
applicable NPDES permit requirements, including
compliance with conditions of the CGP and
development of a SWPPP, to ensure Project
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• Increase permeable areas to allow more
percolation of runoff into the ground;
• Use natural drainage, detention ponds or
infiltration pits to collect runoff;
• Divert and catch runoff using swales, berms, green
strip filters, gravel beds and French drains;
• Install rain gutters and orient them towards
permeable surfaces;
• Construct property grades to divert flow to
permeable areas;
• Use subsurface areas for storm runoff either for
reuse or to enable release of runoff at
predetermined times or rates to minimize peak
discharge into storm drains;
• Use porous materials, wherever possible, for
construction of driveways, walkways and parking
lots; and
• Divert runoff away from material and waste
storage areas and pollution-laden surfaces such as
parking lots
construction would not result in impacts related to
stormwater runoff. The Project would be required
to incorporate a WQMP with post-construction (or
permanent) LID site design, source control, and
treatment control BMPs. The LID site design would
minimize impervious surfaces and provide
infiltration of runoff into landscaped areas.

10.5.4 Require new development and significant
redevelopment to utilize site preparation, grading
and foundation designs that provide erosion control
to prevent sedimentation and contamination of
waterways.

Consistent. Development of the proposed Project
would introduce approximately 286,192 SF of
impervious surfaces to the site. The pervious
surfaces remaining on the site would be
landscaped. There would be no substantial areas of
bare or disturbed soil onsite subject to erosion.

10.6.1 Maintain flood control systems and restrict
development to minimize hazards due to flooding.

Consistent. The Project would include
implementation of on-site storm drain facilities. As
discussed in Section 5.10, Hydrology and Water
Quality, on-site drainage would be conveyed via
surface sheet flow to inlets, and then via pipes to
the infiltration system BMP, with overflows draining
out via a pipe to the southerly proposed detention
basin, and out via a spillway to the existing
drainage course to the southwest of the property.

The proposed onsite storm drain system would
convey runoff to a pre-treatment unit then to an
underground infiltration/detention system that
would capture, filter, and infiltrate runoff. A
spillway would direct flows out to the existing
drainage ditch located in the railroad right-of-way.

Proposed storm drain facilities would be able to
capture runoff and mitigate the 2-year 1-hour
storm event to pre- Project conditions. Runoff would
not exceed existing conditions.

10.6.4 Evaluate all development proposals located
in areas that are subject to flooding to minimize the
exposure of life and property to potential flood
risks.

Consistent. As discussed in Section 5.10, Hydrology
and Water Quality, the Project would include
stormwater infrastructure to manage on-site flows
and would not result in impacts related to flooding.

10.6.5 Prohibit land use development and/or the
construction of any structure intended for human
occupancy within the 100-year flood plain as
mapped by the Federal Emergency Management
Consistent. According to FEMA’s FIRM Flood Map,
the Project site is zoned as Flood Zone X, area of

0.2% annual chance flood; area of 1% annual
chance flood with average depths of less than 1
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Agency (FEMA) unless adequate mitigation is
provided against flood hazards.
foot or with drainage areas less than 1 square mile;
and areas protected by levees from 1% annual
chance flood. The City would review the Project
permit applications to ensure the proposed
development would not be subject to significant
flood hazard and structures would be
floodproofed.

10.6.7 Utilize flood control methods that are
consistent with Regional Water Quality Control
Board Policies and Best Management Practices
(BMPs).

Consistent. As discussed in Section 5.10, Hydrology
and Water Quality, the Project would comply with
applicable NPDES permit requirements, including
compliance with conditions of the CGP and
development of a SWPPP, to ensure Project
construction would not result in impacts related to
stormwater runoff. The Project would be required
to incorporate a WQMP with post-construction (or
permanent) LID site design, source control, and
treatment control BMPs. The LID site design would
minimize impervious surfaces and provide
infiltration of runoff into landscaped areas.

10.6.9 Ensure major drains in developed areas
have a pipeline capacity to comply with the Flood
Control District’s Comprehensive Storm Drain Plans
for development of the City’s storm drain system.

Consistent. The Project would include demolition of
an existing industrial building and construction of a
new truck terminal facility. The Project would
connect to existing stormwater facilities adjacent to
the railroad. The Project would be reviewed by
Public Works and other applicable department
prior to Project approval in order to ensure the
provision of adequate utility infrastructure and
capacity.

10.7.1 Minimize the risk to life and property
through the identification of potentially hazardous
areas, establishment of proper construction design
criteria, and provision of public information.

Consistent. As discussed in Section 5.7, Geology
and Soils, the Project site is susceptible to strong
seismic ground shaking; however, with CBC
compliance, the proposed Project would not expose
people or structures to potentially substantial
adverse effects.

10.7.2 Require geologic and geotechnical
investigations for new development in areas
adjacent to known fault locations and approximate
fault locations (Figure S-3) as part of the
environmental and/or development review process
and enforce structural setbacks from faults
identified through those investigations.

Consistent. A Preliminary Geotechnical
Investigation was conducted by Sladden
Engineering for the Project site (see Appendix E).

Recommendations of the report would be
implemented as part of the Project.

10.7.3 Enforce the requirements of the California
Seismic Hazards Mapping and Alquist-Priolo
Earthquake Fault Zoning Acts when siting,
evaluating, and constructing new projects within the
City.

Consistent. As discussed in Section 5.7, Geology
and Soils, the Project site is not within an AlquistPriolo Earthquake Fault Zone.

10.7.4 Determine the liquefaction potential at a site
prior to development, and require that specific
measures be taken, as necessary, to prevent or
reduce damage in an earthquake.

Consistent. According to the City of San Bernardino
General Plan Safety Element Figure 10-25:

Liquefaction Susceptibility, the Project site is not
located in an area mapped for high susceptibility
to liquefaction.

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10.8.1 Enforce the requirements of the California
Seismic Hazards Mapping and Alquist-Priolo
Earthquake Fault Zoning Acts 10-28 City of San
Bernardino when siting, evaluating, and constructing
new projects within the City.

Consistent. As discussed in Section 5.7, Geology
and Soils, the Project site is not within an AlquistPriolo Earthquake Fault Zone.

10.9.1 Minimize risk to life and property by
properly identifying hazardous areas, establishing
proper construction design criteria, and distribution
of public information.

10.9.2 Require geologic and geotechnical
investigations in areas of potential geologic
hazards as part of environmental and/or
development review process for all new structures.

Consistent. A Preliminary Geotechnical
Investigation was conducted by Sladden
Engineering for the Project site (see Appendix E).

Recommendations of the report would be
implemented as part of the Project.

10.9.3 Require that new construction and significant
alterations to structures located within potential
landslide areas (Figure S-7) be evaluated for site
stability, including potential impact to other
properties during project design and review.

Consistent. As discussed in Section 5.7, Geology
and Soils, the Project site and the adjacent parcels
are flat and do not contain any hills or steep slopes,
and no landslides on or adjacent to the Project site
would occur.

10.10.4 Require that structures be sited to prevent
adverse funneling of wind on-site and on adjacent
properties.

Consistent. According to the City’s General Plan,
the Project is not located within a wind hazard area.

Additionally, the building would not be multi-story
and would

10.11.3 Require that development in the High Fire
Hazard Area, as designated on the Fire Hazards
Areas Map (Figure S-9) be subject to the provisions
of the Hillside Management Overlay District
(HMOD) and the Foothill Fire Zones Overlay
Consistent. The proposed Project would be located
within a Local Responsibility Area (LRA) designated
as a Very High Fire Hazard Severity Zone
(VHFHSZ) (CAL FIRE 2020). The Project would be
required to comply with the provisions set forth in
Municipal Code Chapter 15.10, Foothill Fire Zone
Building Standards.

10.11.5 Continue to require that all new
construction and the replacement of 50% and
greater of the roofs of existing structures use fire
retardant materials.

Consistent. As discussed in Section The proposed
Project would be located within a Local
Responsibility Area (LRA) designated as a Very
High Fire Hazard Severity Zone (VHFHSZ) (CAL FIRE
2020). The Project would be required to comply
with the provisions set forth in Municipal Code
Chapter 15.10, Foothill Fire Zone Building
Standards, which includes standards for fire
retardant roofs.

10.12.5 Prevent serious damage and injuries
through effective hazard mitigation.

Consistent. As discussed in Section 5.9, Hazards
and Hazardous Materials, mandatory compliance
with applicable laws and regulations related to the
routine transport, use, and disposal of hazardous
materials during construction and operational
activities at the Project site would limit potentially
significant hazards to construction workers, the
public, and the environment.

11.1.3 Consider, within the environmental review
process, properties that may have become
Consistent. As described by the Phase I Cultural
Resources Assessment, the Project site is partially
developed with an industrial building (Appendix D).

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historically significant since completion of the survey in 1991.

According to building records, the onsite building
was built in 1982. As such, the building onsite is not
of historic age. Additionally, a survey conducted on
July 27, 2021 confirmed that no historical resources
exist within the Project site.

11.5.2 Develop mitigation measures for projects
located in archaeologically sensitive areas to
protect such locations, remove artifacts, and retain
them for educational display. Native American
tribes should be consulted to determine the
disposition of any Native American artifacts
discovered.

Consistent. The Phase I Cultural Resources
Assessment prepared for the Project included an
archaeological records search that was completed
at the SCCIC (Appendix D). The Phase I Cultural
Resources Assessment, there is a potential for
previously unknown archaeological resources to be
below the soil surface. As a result, the potential for
archaeological resources existing on site are
considered moderate. Therefore, Project-specific
mitigation measure, Mitigation Measure CUL-1,
which requires preparation of a Cultural Resources
Management Plan and archaeological monitoring,
shall be implemented to reduce impacts related to
historical and archaeological resources to a less
than significant level.

12.1.2 Site and develop land uses in a manner that
is sensitive to the unique characteristics of and that
minimizes the impacts upon sensitive biological
resources.

Consistent. As discussed in Section 5.4 Biological
Resource, the Biological Assessment determined that
the Project site does not provide suitable habitat for
any special‐status plant or wildlife species due to
the disturbed nature of the site.

12.2.1 Prohibit development and grading within
fifty (50) feet of riparian corridors, as identified by a qualified biologist, unless no feasible alternative
exists.

Consistent. As discussed in Section 5.4 Biological
Resource, the Project site does not contain riparian
habitat or corridors.

12.4.7 Restrict incompatible land uses within the
impact area of existing or potential surface mining
areas.

Consistent. As discussed in Section 5.12, Mineral
Resources, the Project site is located within an area
of San Bernardino that is classified as Mineral
Resource Zone 2 (MRZ-2). MRZ-2 areas indicate the
existence of a construction aggregate deposit that
meets certain State criteria for value and
marketability based solely on geologic factors.

However, the Project site is currently developed
with an industrial warehouse and has not recently
been used for mineral extractions. Thus, there are
no available mineral resources that would be
affected by the Project, and impacts would be less
than significant.

12.5.1 Reduce the emission of pollutants including
carbon monoxide, oxides of nitrogen,
photochemical smog, and sulfate in accordance with
South Coast Air Quality Management District
(SCAQMD) standards.

Consistent. Emissions generated by the construction
and operation of the proposed Project would not
exceed SCAQMD thresholds, and the Project would
not result in an increase in the frequency or severity
of existing air quality violations or cause a new
violation.

12.5.2 Prohibit the development of land uses (e.g.,
heavy manufacturing) that will contribute
significantly to air quality degradation, unless
sufficient mitigation measures are undertaken
according SCAQMD standards.

Consistent. Emissions generated by the construction
and operation of the proposed Project would not
exceed SCAQMD thresholds, and the Project would
not result in an increase in the frequency or severity
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of existing air quality violations or cause a new
violation.

12.5.3 Require dust abatement measures during
grading and construction operations.

Consistent. As discussed in Section 5.3, Air Quality,
construction contractors would be required to
implement measures to reduce or eliminate
emissions by following SCAQMD’s standard
construction practices Rule 402 requires
implementation of dust suppression techniques to
prevent fugitive dust from creating a nuisance off
site. Rule 403 requires that fugitive dust be
controlled with best available control measures so
that the presence of such dust does not remain
visible in the atmosphere beyond the property line
of the emission source.

12.5.4 Evaluate the air emissions of industrial land
uses to ensure that they will not impact adjacent
uses.

Consistent. As discussed in Section 5.3, Air Quality,
the Project would not result in impacts to adjacent
land uses.

12.6.7 Promote the use of public transit and
alternative travel modes to reduce air emissions.

12.8.3 Review grading, access, and site plans for
new projects to ensure that they are sensitively
designed to minimize impacts to the City’s natural
features.

Consistent. The Project site does not contain natural
features. The City would review grading, access,
and site plans prior to Project approval.

13.1.2 Ensure the incorporation of energy
conservation features in the design of all new
construction and site development in accordance
with State Law.

Consistent. As required by Municipal Code,
Chapter 15.04 Building Codes, prior to issuance of
a building permit, the Project Applicant shall submit
plans showing that the Project would be in
compliance with 2019 Title 24 requirements. The
Project would include energy efficient design and
fixtures where feasible.

13.2.2 Require that development not degrade
surface or groundwater, especially in watersheds,
or areas with high groundwater tables or highly
permeable soils.

Consistent. As discussed in Section 5.9, Hazards
and Hazardous Materials, the Newmark
Groundwater Contamination Superfund Site
encompasses 23 square miles and is located within
the Bunker Hill Groundwater Basin. The
groundwater plume extends beneath the Project
site. With implementation of the operational source
and treatment control BMPs that are outlined in the
preliminary WQMP (Appendix H) that would be
reviewed and approved by the City during the
permitting and approval process, potential
pollutants would be reduced to the maximum extent
feasible, and implementation of the proposed
Project would not substantially degrade water
quality.

13.2.4 Require the use of reclaimed water for
landscape irrigation and other non-contact uses for
industrial projects, golf courses, and freeways.

Consistent. The Project site does not currently
include recycled water lines within the Project site
vicinity. Therefore, the Project would not use
reclaimed water for landscape irrigation.

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13.2.5 Mitigate degradation of the groundwater
basins that may have already occurred by existing
commercial, industrial, and other uses.

13.2.7 Require that new development incorporate
improvements to channel storm runoff to public
storm drainage systems and prevent discharge of
pollutants into the groundwater basins and
waterways.

Consistent. As discussed in Section 5.9, Hazards
and Hazardous Materials, implementation of the
operational source and treatment control BMPs that
are outlined in the preliminary WQMP (Appendix
H) that would be reviewed and approved by the
City during the permitting and approval process,
potential pollutants would be reduced to the
maximum extent feasible, and implementation of
the proposed Project would not substantially
degrade water quality.

13.2.8 Require that Best Management Practices
(BMPs) are implemented for each project to control
the discharge of point source and non-point source
pollutants both during construction and for the life
of the projects to protect the City’s water quality.

13.2.10 Require that development in the City’s
watersheds incorporate adequate landscape and
groundcover to prevent slope erosion and
significant sedimentation of canyon drainages.

Consistent. As discussed in Section 5.13, Noise,
operation of the Project in the Existing Year
condition, Table N-4 shows that noise would be
approximately 67.6 dBA Ldn. However, noise levels
generated by the Project would be less than the 65
dBA Leq exterior noise standard at the closest
sensitive receptors. Implementation of the proposed
Project would not generate a noise level increase
on the study area above the City’s identified
increase thresholds.

14.2.3 Require that development that increases the
ambient noise level adjacent to noise-sensitive land
uses provide appropriate mitigation measures.

Consistent. As discussed in Section 5.13, Noise,
operation of the Project in the Existing Year
condition, Table N-4 shows that noise would be
approximately 67.6 dBA Ldn. However, noise levels
generated by the Project would be less than the 65
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dBA Leq exterior noise standard at the closest
sensitive receptors. Implementation of the proposed
Project would not generate a noise level increase
on the study area above the City’s identified
increase thresholds. No mitigation would be
required.

14.2.5 Require sound walls, berms, and
landscaping along existing and future highways
and railroad right-of-ways to beautify the
landscape and reduce noise.

14.2.10 Provide for the development of alternate
transportation modes such as bicycle paths and
pedestrian walkways to minimize the number of
automobile trips.

Consistent. The Project would be located
approximately one mile from the SBX Green Line,
which is located south of Kendall Drive and west of
Palm Avenue. Additionally, the Project would also
include a bike rack and would provide a sidewalk
along Industrial Parkway, which would provide
increased pedestrian access.

14.2.12 Require that commercial and industrial uses
implement transportation demand management
programs consistent with the Air Quality
Management Plan that provide incentives for
carpooling, van pools, and the use of public transit
to reduce traffic and associated noise levels in the
City.

14.2.17 Ensure that new development is compatible
with the noise compatibility criteria and noise
contours as defined in the Comprehensive Land Use
Plan for the SBIA and depicted in Figure LU-4.

14.2.18 Limit the development of sensitive land uses
located within the 65 decibel (dB) Community Noise
Equivalent Level (CNEL) contour, as defined in the
Comprehensive Land Use Plan for the SBIA and
depicted in Figure LU-4.

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14.2.19 As may be necessary, require acoustical
analysis and ensure the provision of effective noise
mitigation measures for sensitive land uses,
especially residential uses, in areas significantly
impacted by noise.

Consistent. As discussed in Section 5.13, Noise, a
Noise Impact Analysis (Appendix J) was prepared
for the Project, to identify the existing and future
ambient noise level environment.

Table LU-2: RTP/SCS Consistency
RTP/SCS Policy Proposed Project Consistency with Policy RTP/SCS G1: Encourage regional economic prosperity
and global competitiveness.

Consistent. The Project would include redevelopment of
an industrial site that would benefit regional economics by providing increased employment and providing
additional goods and services. As an individual
development, the Project is limited in its ability to directly contribute to regional economic prosperity and global
competitiveness.

RTP/SCS G2: Improve mobility, accessibility, reliability, and travel safety for people ang goods.

Consistent. As an individual development, the Project is limited in its ability to maximize mobility and access for people and goods in the SCAG region. However, the
Project would not create substantial traffic impediments that would affect the accessibility of goods in the region and it would provide added mobility in the immediate
vicinity of the Project through the incorporation of
sidewalks.

RTP/SCS G3: Ensure the preservation, security, and
resilience of the regional transportation system.

Not Applicable. As an individual development, the
Project is limited in its ability to ensure security and resilience of the regional transportation system. There are no components of the Project that would result in the deterioration of the transportation system.

RTP/SCS G4: Increase person and goods movement and
travel choices within the transportation system.

Not Applicable. As an individual development, the
Project is limited in its ability to maximize the goods movement and travel choices within the SCAG region.

The Project would not create substantial traffic
impediments and would not affect the accessibility of
goods to the surrounding area. The Project includes dd
would support the overall distribution and movements of goods in the region.

RTP/SCS G5. Reduce greenhouse gas emissions and
improve air quality.

Consistent. While the Project would not improve air
quality or reduce greenhouse gas emissions, it would not prevent SCAG from implementing actions that would
improve air quality within the region and the Project
would incorporate various measures related to building
design, landscaping, and energy systems to promote the
efficient use of energy, pursuant to Title 24 CALGreen
Code and Building Energy Efficiency Standards and
Consistent with Policy NR-1.9.

RTP/SCS G6: Support healthy and equitable
communities.

Consistent. The Project would comply with Citywide goal and policies to support healthy and equitable
communities. Additionally, the Project would construct
frontage improvements, including sidewalks which would
encourage walking in the Project area.

RTP/SCS G7: Adapt to a changing climate and support
an integrated regional development pattern and
transportation network.

Consistent. This policy would be implemented by cities
and the counties within the SCAG region as part of their overall planning efforts; the Project however is consistent with industrial use planned for the area.

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RTP/SCS G8: Leverage new transportation technologies
and data-driven solutions that result in more efficient travel.

Not Applicable. This policy would be implemented by
cities and the counties within the SCAG region as part of the overall planning and maintenance of the regional
transportation system. The Project would not conflict with this goal.

RTP/SCS G9: Encourage development of diverse housing
types in areas that are supported by multiple
transportation options.

Not Applicable. The proposed Project would develop a
truck terminal in an area that is designated and zoned
for industrial development.

RTP/SCS G10: Promote conservation of natural and
agricultural lands and restoration of habitats.

Consistent. The proposed Project would be consistent
with goals and policies of the City’s General Plan and
would not cause significant environmental impacts to
agricultural lands or biological resources.

Municipal Code. According to Title 19 of the Municipal Code, the Project site is zoned for Industrial Light (IL) use with a UDSP overlay. As detailed previously in Table AES-1, the proposed Project would be consistent with the development standards for the IL zoning district. Thus, the proposed Project would not conflict with any applicable zoning regulations adopted for the purpose of avoiding or mitigating an environmental effect.

Plans, Programs, or Policies (PPPs)
None.

Mitigation Measures
None.

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Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

45.12 MINERAL RESOURCES. Would the
project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated on a local general plan, specific plan or other land
use plan?
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
Less than Significant Impact. The Project site is located within an area of San Bernardino that is classified as Mineral Resource Zone 2 (MRZ-2). MRZ-2 areas indicate the existence of a construction aggregate deposit that meets certain State criteria for value and marketability based solely on geologic factors. However, the classification of MRZs does not consider the existing land uses as criteria, and the General Plan accounted for the fact that areas already developed are “unsuitable for mineral production”. The Project site has a classification of Industrial Heavy (IH) and Commercial General (CG-1) and is planned for heavy industrial and commercial uses. Furthermore, the Project site is currently developed with an industrial warehouse and has not recently been used for mineral extractions. Thus, there are no available mineral resources that would be affected by the Project, and impacts would be less than significant. b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on the general plan, specific plan or other land use plan? Less than Significant Impact. The Project site is located within an area of San Bernardino that is classified as Mineral Resource Zone 2 (MRZ-2). MRZ-2 areas indicate the existence of a construction aggregate deposit that meets certain State criteria for value and marketability based solely on geologic factors. However, the classification of MRZs does not consider the existing land uses as criteria, and the General Plan accounted for the fact that areas already developed are “unsuitable for mineral production”. The Project site has a classification of Industrial Heavy (IH) and Commercial General (CG-1) and is planned for heavy industrial and commercial uses. Furthermore, the Project site is currently developed with an industrial warehouse and has not recently been used for mineral extractions.

Therefore, implementation of the proposed Project would not result in the loss of availability of a locallyimportant mineral resource recovery site as delineated on a local plan. Thus, development of the proposed Project would not have a significant impact on mineral resources.

Plans, Programs, or Policies (PPPs)
None.

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Mitigation Measures
None.

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Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

45.13 NOISE. Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
b) Generation of excessive groundborne
vibration or groundborne noise levels?
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted, within
two miles of a public airport or public use
airport, would the project expose people
residing or working in the project area to
excessive noise levels?
a) Generation of substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Less Than Significant Impact.

Federal Transit Administration (FTA) Manual
Although the proposed project is not under the jurisdiction of the FTA, the Transit Noise and Vibration Assessment Manual (FTA Manual), prepared by the FTA, September 2018, is the only guidance document from a government agency that defines what constitutes a significant noise impact from implementing a project. The FTA standards are based on extensive studies by the FTA and other governmental agencies on the human effects and reaction to noise and a summary of the FTA findings are shown provided below in Table N-1.

Table N-1: FTA Project Effects on Cumulative Noise Exposure Existing Noise
Exposure
(dBA Leq or
Ldn)
Allowable Noise Impact Exposure dBA Leq or Ldn
Allowable Project Noise
Exposure Before Moderate
Impact
Allowable
Combined Total
Noise Exposure
Allowable Noise Exposure
Increase Before Moderate
Impact
45 51 52 +7
50 53 55 +5
55 55 58 +3
60 57 62 +2
65 60 66 +1
70 64 71 +1
75 65 75 0
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Source: Federal Transit Administration, 2018.

The FTA Manual also provides guidance on construction noise and recommends developing construction noise criteria on a project-specific basis that utilizes local noise ordinances if possible. However, local noise ordinances usually relates to nuisance and hours of allowed activity and sometimes specify limits in terms of maximum levels but are generally not practical for assessing the noise impacts of a construction project.

Project construction noise criteria should take into account the existing noise environment, the absolute noise levels during construction activities, the duration of the construction, and the adjacent land uses. The FTA standards are based on extensive studies by the FTA and other governmental agencies on the human effects and reaction to noise and a summary of the FTA findings for a detailed construction noise assessment are provided below in Table N-2.

Table N-2: FTA Construction Noise Criteria
Land Use Day (dBA Leq(8-hour)) Night (dBA Leq(8-hour)) 30-day Average (dBA Ldn) Residential 80 70 75
Commercial 85 85 80(1)
Industrial 90 90 85(1)
Notes:
(1) Use a 24-hour Leq (24 hour) instead of Ldn (30 day).

Source: Federal Transit Administration, 2018.

Since the federal government has preempted the setting of standards for noise levels that can be emitted by the transportation sources, the City is restricted to regulating the noise generated by the transportation system through nuisance abatement ordinances and land use planning.

City of San Bernardino General Plan
The following applicable goals and policies to the proposed industrial project are from the Noise Element of the General Plan.

Goal 14.1: Ensure that residents are protected from excessive noise through careful land planning.

Policies

14.1.4 Prohibit the development of new or expansion of existing industrial, commercial, or other uses that generate noise impacts on housing, schools, health care facilities or other sensitive uses above a Ldn of 65 dB(A). (LU-1)
Goal 14.2: Encourage the reduction of noise from transportation-related noise sources such as motor vehicles, aircraft operations, and railroad movements.

Policies

14.2.3 Require that development that increases the ambient noise level adjacent to noise-sensitive land uses provide appropriate mitigation measures. (LU-1)

14.2.10 Provide for the development of alternative transportation modes such as bicycle paths and pedestrian walkways to minimize the number of automobile trips. (LU-1)

14.2.12 Require that commercial and industrial uses implement transportation demand management programs consistent with the Air Quality Management Plan that provide incentives for carpooling, van pools, and the use of public transit to reduce traffic and associated noise levels in the City. (LU1)

14.2.17 Ensure that new development is compatible with the noise compatibility criteria and noise contours as defined in the Comprehensive Land Use Plan for the SBIA and depicted in Figure LU-4 (see Figure 3 above).

Goal 14.3: Protect residents from the negative effects of “spill over” or nuisance noise.

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Policies

14.3.2 Require that construction activities employ feasible and practical techniques that minimize the noise impacts on adjacent uses. (LU-1)

14.3.6 Ensure that buildings are constructed soundly to prevent adverse noise transmission between differing uses located in the same structure and individual residences in multifamily buildings. (LU-1) City of San Bernardino Municipal Code

8.54.010 Purpose and Intent
A. It is the purpose and intent of these regulations to establish community-wide noise standards. It is further the purpose of these regulations to recognize that the existence of excessive noise within the City is a condition which is detrimental to the health, safety, welfare, and quality of life of the citizens and shall be regulated in the public interest.

8.54.020 Prohibited Acts
It shall be unlawful for any person to engage in the following activities:

H. The unnecessary or excessive blowing of whistles, sounding of horns, ringing of bells or use of signaling devices by operators of railroad locomotives, motor trucks and other transportation equipment;
I. The creation of loud and excessive noise in connection with the loading or unloading of motor trucks and other vehicles;
L. The operation or use between the hours of 10:00 p.m. and 8:00 a.m. of any pile driver, steam shovel, pneumatic hammers, derrick, steam or electric hoist, power driven saw, or any other tool or apparatus, the use of which is attended by loud and excessive noise, except with the approval of the City

8.54.050 Controlled Hours of Operation
It shall be unlawful for any person to engage in the following activities other than between the hours of 8:00 a.m. and 8:00 p.m. in residential zones and other than between the hours of 7:00 a.m. and 8:00 p.m. in all other zones:

A. Load or unload any vehicle, or operate or permit the use of dollies, carts, forklifts, or other wheeled equipment that causes any impulsive sound, raucous, or unnecessary noise within one thousand (1,000) feet of a residence.

8.54.060 Exemptions
The following activities and noise sources shall be exempt from the provisions of this chapter:

B. Such noises as are an accompaniment and effect of a lawful business, commercial or industrial enterprise carried on in an area zoned for that purpose, except where there is evidence that such noise is a nuisance and that such a nuisance is a result of the employment of unnecessary and injurious methods of operation.

H. Construction, operation, maintenance, and repairs of equipment, apparatus, or facilities of park and recreation departments, public work projects, or essential public services and facilities, including, but not limited to, trash collection and those of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.

I. Construction, repair, or excavation work performed pursuant to a valid written agreement with the City, or any of its political subdivisions, which provides for noise mitigation measures.

8.54.070 Disturbance from Construction Activity
No person shall be engaged or employed, or cause any other person to be engaged or employed, in any work of construction, erection, alteration, repair, addition, movement, demolition, or improvement to any building or structure except within the hours of 7:00 a.m. and 8:00 p.m.

19.20.010 Purpose
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These standards shall ensure that new or modified uses and development will produce an urban environment of stable, desirable character which is harmonious with the existing and future development, consistent with the General Plan.

19.20.030 General Standards.

No permit shall be approved unless it conforms to all of the following standards set forth in this Chapter:

15. Noise No loudspeaker, bells, gongs, buzzers, mechanical equipment or other sounds, attentionattracting, or communication device associated with any use shall be discernible beyond any boundary line of the parcel, except fire protection devices, burglar alarms and church bells. The following provisions shall apply:

A. In residential areas, no exterior noise level shall exceed 65 dBA and no interior noise level shall exceed 45 dBA.

28. Vibration No vibration associated with any use shall be permitted which is discernible beyond the boundary line of the property
Existing Noise Levels
As detailed in the Noise Impact Analysis (Appendix J), to identify the existing ambient noise level environment, short term noise level measurements were taken at three locations in the Project study area. The Noise Impact Analysis describes that the background ambient noise levels in the Project area are dominated by transportation related noise and the rail line adjacent to the Project site, in addition to existing industrial land use activities in the vicinity. See Figure N-1, Noise Measurement Locations. The existing noise levels are provided in Table N-3.

Table N-3: Short Term Noise Measurement Summary
Site
No. Description
Primary Noise
Sources
Start Time of
Measurement
Measured Noise Level
dBA Leq dBA Lmax
A
Located near the middle of the east side of
the project site, approximately 130 feet
southwest of Industrial Parkway centerline.

Vehicles on Industrial
Parkway and Cajon
Boulevard
12:26 p.m. 57.8 69.7
B
Located approximately 2,200 feet
northwest of the project site, in front of
homes at 20151 Kendall Drive and
approximately 50 feet southwest of Kendall
Drive centerline.

Vehicles on Kendall
Drive and Interstate
215
12:50 p.m. 72.0 83.6
C
Located approximately 1,450 feet
northeast of the project site, in front of home
at 3144 Kendall Drive, approximately 50
feet northeast of Kendall Drive centerline.

Vehicles on Kendall
Drive 1:24 p.m. 69.2 83.9
Notes: Noise measurements taken with a Larson-Davis Model 831 Type 1 precision sound level meter on Tuesday, July 27, 2021.

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Noise Measurement Locations
Figure N-1
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Construction
As described above, Municipal Code Section 8.54.070 exempts construction noise between the hours of 7:00 a.m. and 800 p.m. The Project would comply with the City’s construction hours regulations, as required by standard City Conditions of Approval. Although the proposed project is not under the jurisdiction of the FTA, the Transit Noise and Vibration Assessment Manual (FTA Manual), prepared by the FTA, September 2018, is the only guidance document from a government agency that defines what constitutes a significant noise impact from implementing a project. A construction-related noise level threshold is applied from the Criteria for Recommended Standard: Occupational Noise Exposure prepared by the National Institute for Occupational Safety and Health (NIOSH). A division of the U.S. Department of Health and Human Services, NIOSH identifies a noise level threshold based on the duration of exposure to the source. To evaluate whether the Project would generate potentially significant short-term noise levels at off-site sensitive receiver locations a construction-related NIOSH noise level threshold of 80 dBA Leq is used.

Noise generated by construction equipment would include a combination of trucks, power tools, concrete mixers, and portable generators that when combined can reach high levels. Construction is expected to occur in the following stages: excavation and grading, building construction, architectural coating, and paving.

Noise levels generated by heavy construction equipment can range from approximately 74 dBA to 84 dBA when measured at 50 feet, as shown on Table N-41.

Table N-4: Construction Reference Noise Levels
Equipment Description
Number of
Equipment
Acoustical Use
Factor1 (percent)
Spec 721.560 Lmax
at 50 feet2 (dBA,
slow3)
Actual Measured
Lmax at 50 feet4
(dBA, slow3)
Demolition
Concrete/Industrial Saw 1 40 85 82
Excavators 3 40 85 81
Rubber Tired Dozers 2 40 85 82
Site Preparation
Rubber Tired Dozer 3 40 85 82
Tractor, Loader or Backhoe 4 40 84 N/A
Grading
Excavators 2 40 85 81
Grader 1 40 85 83
Rubber Tired Dozer 1 40 85 82
Scrapers 2 40 85 84
Tractor, Loader or Backhoe 2 40 84 N/A
Building Construction
Crane 1 16 85 81
Forklift (Gradall) 3 40 85 83
Generator 1 50 82 81
Tractor, Loader or Backhoe 3 40 84 N/A
Welder 1 40 73 74
Paving
Pavers 2 50 85 77
Paving Equipment 2 50 85 77
Rollers 2 20 85 80
Architectural Coating
Air Compressor 1 40 80 78
Notes:
1 Acoustical use factor is the percentage of time each piece of equipment is operational during a typical workday. 2 Spec 721.560 is the equipment noise level utilized by the RCNM program. 3 The “slow” response averages sound levels over 1-second increments. A “fast” response averages sound levels over 0.125-second increments.

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4 Actual Measured is the average noise level measured of each piece of equipment during the Central Artery/Tunnel project in Boston, Massachusetts primarily during the 1990s.

Source: Federal Highway Administration, 2006.

For the purposes of the Noise Impact Analysis, the closest off-site sensitive receiver to the Project site are the existing homes on the northeast side of Kendall Drive, which are located as near as 1,500 feet from the Project boundary. There are also sensitive receivers located at the existing homes on the southwest side of Kendall Street, located as near as 1,750 feet from the Project site. Construction noise would be temporary in nature as the operation of each piece of construction equipment would not be constant throughout the construction day, and equipment would be turned off when not in use. The typical operating cycle for a piece of equipment involves one or two minutes of full power operation followed by three or four minutes at lower power settings. As shown in table N-5, construction noise at the nearby receiver locations would range from 43 to 58 dBA Leq, which would not exceed the 80 dba Leq daytime construction noise level threshold.

Therefore, construction impacts would be less than significant.

Table N-5: Construction Noise Levels at Sensitive Receivers Construction Phase
Construction Noise Level (dBA Leq) at:
1 - Home to Northeast 2 - Home to Northwest
Demolition 57 56
Site Preparation 57 56
Grading 58 57
Building Construction 58 56
Paving 52 51
Painting 44 43
FTA Construction Noise Threshold 80 80
Exceed Thresholds? No No
Source: RCNM, Federal Highway Administration, 2006
Noise Impact Analysis, Vista Environmental, 2021
Operation
Onsite Operational Noise. The San Bernardino Municipal Code establishes a noise standard for sensitive uses of 65 dBA. It should be noted that the time limits for the operation of vehicles or forklifts on the Project site as detailed in Section 8.54.050 of the Municipal Code does not apply to the proposed Project, since there are no residences located within 1,000 feet of the Project site. The Noise Impact Analysis prepared for the Project evaluated potential impacts to ambient noise levels at the nearest sensitive receptors resulting from the proposed onsite noise sources such as idling trucks, delivery truck activities, backup alarms, loading and unloading of trucks, and roof-top air conditioning units (Vista 2021). As shown in Table N-6, the noise levels generated by the Project would be less than the 65 dBA Leq exterior noise standard at the closest sensitive receptors. Therefore, noise generated from operation of the proposed Project would not exceed noise standards and would be less than significant.

Table N-6: Onsite Operational Noise Levels
Noise Source
1-Nearest Home to Northeast 2-Nearest Home to Northwest Distance - Source
to Property Line
(feet)
Noise Level
(dBA Leq)
Distance - Source
to Property Line
(feet)
Noise Level
(dBA Leq)
Rooftop Equipment1 1,700 22.0 2,000 20.6
Auto Parking Lot2 1,500 13.6 1,900 11.5
Onsite Truck Operations3 1,500 19.8 1,800 18.2
Forklift4 1,500 30.9 1,800 29.3
Combined Noise Level 32 30
City Residential Exterior Noise Standard 65 65
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Exceed City Noise Standard? No No
Notes:
1 Rooftop equipment is based on a reference noise measurement of 66.6 dBA at 10 feet. 2 Parking lot is based on a reference noise measurement of 63.1 dBA at 5 feet. 3 Onsite truck operations is based on a reference noise measurement of 63.3 dBA at 10 feet. 4 Forklift activities is based on a reference noise measurement of 74.4 dBA at 10 feet.

Source: Noise Impact Analysis, Vista Environmental, 2021 Off-Site Traffic Noise. The proposed Project would generate traffic related noise from operation. The proposed Project provides access from Industrial Parkway. Modeling of vehicular noise on area roadways was conducted in the Noise Impact Analysis (Appendix J). The tables below provide a summary of the exterior traffic noise levels for the one study area roadway segment in the without and with Project conditions.

With operation of the Project in the Existing Year condition, Table N-7 shows that noise would be approximately 67.6 dBA Ldn. Implementation of the proposed Project would not generate a noise level increase on the study area roadway segment, which is less than the FTA increase thresholds. Thus, off-site traffic noise impacts would be less than significant.

Table N-7: Project Off-Site Traffic Noise
dBA Ldn at Nearest Receptor
Increase
Roadway Segment Existing Threshold1
Existing Plus
Project
Project
Contribution
Palm Avenue North of Interstate 215 NB Ramps 67.6 67.6 0.0 +1 dBA Notes:
1 Increase Threshold obtained from the FTA’s allowable noise impact exposures.

FHWA Traffic Noise Prediction Model FHWA-RD-77-108.

Source: Noise Impact Analysis, Appendix J.
b) Generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact.

Construction
Ground-borne vibrations consist of rapidly fluctuating motions within the ground that have an average motion of zero. The effects of ground-borne vibrations typically only cause a nuisance to people, but at extreme vibration levels damage to buildings may occur. Although ground-borne vibration can be felt outdoors, it is typically only an annoyance to people indoors where the associated effects of the shaking of a building can be notable. Ground-borne noise is an effect of ground-borne vibration and only exists indoors, since it is produced from noise radiated from the motion of the walls and floors of a room and may also consist of the rattling of windows or dishes on shelves.

Construction activity can cause varying degrees of ground vibration, depending on the equipment and methods used, the distance to receptors, and soil type. Construction vibrations are intermittent, localized intrusions. The use of heavy construction equipment, particularly large bulldozers, and large loaded trucks hauling materials to or from the site generate construction-period vibration impacts. Section 19.20.030(28) of the Municipal Code restricts the creation of vibration that is discernible beyond the property line of the property. However, since neither the Municipal Code nor the General Plan provides a quantifiable vibration threshold level, Caltrans guidance that has been utilized, which defines the threshold of perception from transient sources at 0.25 inch per second PPV.

The Noise Impact Analysis prepared for the Project evaluated construction equipment vibration levels at the closest sensitive receptors. As shown in Table N-5, at approximately 25 feet, a large bulldozer would create a vibration level of 0.089 inch per second PPV. Therefore, based on typical vibration propagation rates, the vibration level at the nearest offsite structure, located approximately 230 feet from the property line, would be 0.08 inch per second PPV. Therefore, the vibration level would be less than the 0.25 inch per Packet Pg. 262
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second PPV vibration threshold from Caltrans. As such, construction vibration impacts would be less than significant.

Table N-5: Construction Equipment Vibration Levels
Equipment
Peak Particle Velocity
(inches/second)
Approximate Vibration
Level
(Lv)at 25 feet
Pile driver (impact) Upper range
Typical

1.518

0.644
112
104
Pile driver (sonic) Upper range
Typical

0.734

0.170
105
93 Clam shovel drop (slurry
wall) 0.202 94
Vibratory Roller 0.210 94
Hoe Ram 0.089 87
Large bulldozer 0.089 87
Caisson drill 0.089 87
Loaded trucks 0.076 86
Jackhammer 0.035 79
Small bulldozer 0.003 58
Source: Federal Transit Administration, May 2018.

Operation
Caltrans has done extensive research on vibration level created along freeways and State Routes and their vibration measurements of roads have never exceeded 0.08 inches per second PPV at 15 feet from the center of the nearest lane, with the worst combinations of heavy trucks. Truck activities would occur onsite as near as 230 feet from the nearest offsite receptor, located in a nearby warehouse. Based on typical propagation rates, the vibration level at the nearest receptor would be 0.004 inch per second PPV.

Therefore, vibration created from operation of the proposed Project would be within the 0.25 inch per second PPV threshold of detailed above. As such, impacts would be less than significant. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact. The nearest airport is San Bernardino International Airport that is located as near as nine miles south of the Project site. The Project site is located outside of the 60 dBA CNEL noise contours of San Bernardino International Airport. Therefore, the proposed Project would not expose people residing or working in the Project area to excessive noise levels from airports. Impacts would be less than significant.

Plans, Programs, or Policies (PPPs)
None.

Mitigation Measures
None.

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Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

45.14 POPULATION AND HOUSING.

Would the project:
a) Induce substantial unplanned population growth
in an area, either directly (for example, by
proposing new homes and businesses) or indirectly
(for example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing people
or housing, necessitating the construction of
replacement housing elsewhere?
a) Induce substantial unplanned population growth in an area, either directly or indirectly? Less Than Significant Impact. The proposed Project would demolish the existing industrial building onsite to construct a new tilt up truck terminal facility. The Project site has a General Plan Land Use designation of UDSP. Within the UDSP, the Project site is partially designated as Commercial General (CG-1) and partially designated as Industrial Heavy (IH). Development of the Project would be consistent with the General Plan land use designation for the site; however, the Project would require a Development Code Amendment from CG-1 to IH for the northwestern portion of the site. With approval of the Development Code Amendment, the proposed Project would be consistent with the UDSP.

According to SCAG, the generation rate for employees required for operation of an industrial project is 1 employee for every 1,195 SF of industrial space. As the Project would build and operate a 52,160 SF truck terminal, operation of the Project would require approximately 44 employees. The employees that would fill these roles are anticipated to come from the region, as the unemployment rate of the City of San Bernardino in September 2021 was 8.7 percent, the City of Rialto was 7.5 percent, and the City of Fontana was at 6.2 percent (State Employment Development Department, November 2021). Due to these levels of unemployment, it is anticipated that new employees at the project site would already reside within commuting distance and would not generate needs for any housing.

In addition, should the Project require employees to relocate to the area for work, there is sufficient vacant housing available within the region. The City of San Bernardino has a vacancy rate of 7.2 percent. San Bernardino has a total of 65,654 housing units; 60,953 of which are occupied (State Department of Finance 2021). Therefore, impacts related to unplanned population growth from the Project would be less than significant.
b) Displace substantial numbers of existing people housing, necessitating the construction of replacement housing elsewhere?
No Impact. The Project site is currently partially developed with an existing industrial warehouse and does not contain any housing, nor has it historically been used for housing. The Project site has a UDSP designation of Industrial Heavy (IH) and Commercial General (CG-1), which does not provide for residential development. Therefore, the Project would not displace any housing and would not necessitate the construction of replacement housing. As a result, no impact would occur.

Plans, Programs, or Policies (PPPs)
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None.

Mitigation Measures
None.

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Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

45.15 PUBLIC SERVICES.
a) Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or
other performance objectives for any of the
public services:

Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
a) Fire Protection and Emergency Services
Less Than Significant Impact. San Bernardino County Fire Station Number 232, located at 6065 Palm Ave, San Bernardino, CA 92407, is the closest fire station to the Project site. Fire Station Number 2 is approximately 0.6 miles away from the Project site on the other side of the I-215 freeway. In addition, the San Bernardino County Fire Department has two Fire Camps, 6 and 15, located approximately 3 miles from the proposed Project site at 18697 Verdemont Ranch Road, San Bernardino, CA 92407. The new truck terminal facility and the 44-employee increase that would occur from implementation of the proposed Project would result in an incremental increase in demand for fire protection and emergency medical services.

However, there is one fire station and two fire camps within three miles of the Project site that currently serve the Project vicinity. As part of the permitting process, the Project plans would be reviewed by the City’s Fire Department and the Building Department to ensure that the Project plans meet the fire protection requirements. Additionally, the proposed facility would be required to comply with City fire suppression standards including current CBC and would provide adequate fire access. The increase in fire service demands from the Project would not require construction of a new or physically altered fire station that could cause environmental impacts. Therefore, impacts related to fire protection services would be less than significant.

Additionally, the Project would be required to comply with the provisions of Municipal Code Section

3.27.040, which requires payment of the Development Impact Fee to assist the City in providing for fire protection services. Payment of the Development Impact Fee would ensure that the Project provides fair share funds for the provision of additional public services, including fire protection services, which may be applied to fire facilities and/or equipment, to offset the incremental increase in the demand for fire protection services that would be created by the Project.

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b) Police Protection
Less Than Significant Impact. The City of San Bernardino is served by the San Bernardino Police Department. The station, which would serve the Project site, is located approximately 6 miles away from the Project site at 1584 W. Base Line Street #106, San Bernardino, CA 92411. The Project would result in additional onsite employees and goods that could create the need for police services. Crime and safety issues during Project construction may include theft of building materials and construction equipment, malicious mischief, graffiti, and vandalism. Operation of the truck terminal may generate a typical range of police service calls such as burglaries, thefts, and employee disturbances. The Project would include security lighting and other security measures. The additional need for law enforcement services from the Project would not result in the need for new or physically altered police facilities since existing police personnel would be adequate to maintain existing response times. Thus, impacts related to police services would be less than significant.

Additionally, the Project would be required to comply with the provisions of Municipal Code Section

3.27.030 which requires payment of Development Impact Fees to assist the City in providing for public services, including police protection services. Payment of Development Impact Fees would ensure that the Project would be required to offset the any impact induced by the Project. c) School Services
Less Than Significant Impact. The Project consists of a truck terminal facility that would not directly generate students. As described previously, the Project is not anticipated to generate a new population, as the employees needed to operate the Project are anticipated to come from within the Project region and substantial in-migration of employees that could generate new students is not anticipated to occur. Thus, the Project would not generate the need for new or physically altered school facilities and impacts would be less than significant.

Additionally, pursuant to Government Code Section 65995 et seq., the need for additional school facilities is addressed through compliance with school impact fee assessment. SB 50 (Chapter 407 of Statutes of 1998) sets forth a state school facilities construction program that includes restrictions on a local jurisdiction’s ability to condition a project on mitigation of a project’s impacts on school facilities in excess of fees set forth in the Government Code. The Project would be required to contribute fees to the San Bernardino City Unified School District in accordance with the Leroy F. Greene School Facilities Act of 1998 (Senate Bill 50).

Pursuant to Senate Bill 50, payment of school impact fees constitutes complete mitigation under CEQA for Project‐related impacts to school services.
d) Parks
Less Than Significant Impact. The Project would build a truck terminal facility on a site that is currently developed with an industrial facility, and would not construct any residential facilities, nor create an additional need for housing. Additionally, the employees needed to operate the project are anticipated to come from the unemployed labor force in the region. The proposed Project would not generate an increase in use of the existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. The Project does not include or require the construction or expansion of recreational facilities which could negatively impact the environment. In addition, no offsite parks or recreational improvements are proposed or required as part of the Project.

Furthermore, the payment of development impact fees per Municipal Code Chapter 3.27 would further reduce any Project impacts related to parks. Thus, impacts would be less than significant. e) Other Public Facilities
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Less Than Significant Impact. As previously discussed, development of the Project would not result in a direct increase in the population of the Project area and would not increase the demand for public services, including public health services and library services which would require the construction of new or expanded public facilities. As described previously, the employees needed to operate the proposed Project are anticipated to come from the Project region and commute Project site and substantial in-migration of employees that could generate substantial usage of other public facilities is not anticipated to occur.

Therefore, impacts related to other public services would be less than significant.

In addition, the Project would be required to comply with the provisions of Municipal Code Chapter 3.27 which requires payment of Development Impact Fees to assist the City in providing public services.

Plans, Programs, or Policies (PPPs)
None.

Mitigation Measure
None.

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Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

45.16 RECREATION.
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would occur
or be accelerated?
b) Does the project include recreational facilities
or require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that physical deterioration of the facility would be accelerated? Less Than Significant Impact. The Project would build a truck terminal facility on a site that is currently developed with an industrial facility. As previously discussed, the Project does not propose any residential facilities, and would not cause an increase in residential population. Additionally, the employees needed to operate the project are anticipated to come from the unemployed labor force in the region. The closest park to the Project site is Jack Reilly Park, located approximately 0.51-mile east of the Project site. Project employees may use the park for breaks or recreation; however, the use of the park by Project employees would not lead to a physical deterioration of the park. Thus, there would be no increase in residents which would cause any increase in demand for existing parks or other recreational facilities, and the Project would not cause nor accelerate physical deterioration of these facilities. In addition, the payment of development impact fees per Municipal Code Chapter 3.27 would reduce any indirect Project impacts related to recreational facilities. Thus, impacts to recreation would be less than significant. b) Require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
No Impact. The Project would build a truck terminal facility on a site that is currently developed with an industrial facility, and would not construct any residential facilities, nor create an additional need for housing.

The Project would not directly increase the residential population of the City or generate additional need for parkland. The Project does not include or require the construction or expansion of recreational facilities which could negatively impact the environment, and no offsite parks or recreational improvements are proposed or required as part of the Project. Thus, no impacts would occur.

Plans, Programs, or Policies (PPPs)
None.

Mitigation Measures
None.

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Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

45.17 TRANSPORTATION. Would the
project:
a) Conflict with a program, plan, ordinance or
policy addressing the circulation system, including
transit, roadway, bicycle and pedestrian facilities?
b) Would the project conflict or be inconsistent with
CEQA Guidelines section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g.,
farm equipment)?
d) Result in inadequate emergency access?
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Less Than Significant Impact. The proposed Project involves the construction of a 52,160 SF truck terminal facility. Vehicular traffic to and from the Project site would utilize the existing network of regional and local roadways that currently serve the Project area.

A Traffic Impact Analysis, dated October 2021, was prepared for the Project by EPD Solutions (TIA, 2021).

As shown on Table T-1, the Project would generate approximately 90 net weekday daily trips, with 13 net trips produced in the weekday AM peak hour and 12 net trips produced in the weekday PM peak hour when compared to the existing 34,000 SF industrial building (TIA, 2021).

Table T-1: Project Trip Generation
AM Peak Hour PM Peak Hour
Land Use Units Daily In Out Total In Out Total
Trip Rates
General Light Industrial (GLI)1 TSF 4.96 0.62 0.08 0.70 0.08 0.55 0.63 Existing Site Trip Generation
Pallet Manufacturer (GLI) 34.00 TSF 169 21 3 24 2 19 21 Vehicle Mix2 Percent
Passenger Vehicles 78.60% 133 16 2 18 2 15 17
2-Axle Trucks 8.00% 13 2 0 2 0 1 1
3-Axle Trucks 3.90% 7 1 0 1 0 1 1
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4+-Axle Trucks 9.50% 16 2 1 3 0 2 2
169 21 3 24 2 19 21
Proposed PCE Trip Generation4 PCE
Factor
Passenger Vehicles 1.0 133 16 2 18 2 15 17
2-Axle truck 2.0 26 4 0 4 0 2 2
3-Axle truck 2.5 18 2 0 2 0 3 3
4+-Axle Trucks 3.0 48 6 3 9 0 6 6
227 28 5 33 2 26 28
Proposed Project Trip Generation
Truck Terminal (GLI) 52.16 TSF 259 32 4 37 4 29 33
Vehicle Mix3 Percent2
Passenger Vehicles 46.00% 119 15 2 17 2 13 15
2-Axle truck 6.10% 16 2 0 2 0 2 2
3-Axle truck 13.90% 36 4 1 5 1 4 5
4+-Axle Trucks 34.00% 88 11 1 12 1 10 11
100% 259 32 4 37 4 29 33
Proposed PCE Trip Generation4
PCE
Factor
Passenger Vehicles 1.0 119 15 2 17 2 13 15
2-Axle truck 2.0 32 4 1 5 0 4 4
3-Axle truck 2.5 90 11 2 13 3 10 13
4+-Axle Trucks 3.0 264 33 4 37 3 30 34
505 63 9 72 8 57 66
Net Trip Generation 90 11 1 13 2 10 12
Net PCE Trip Generation 278 34 4 39 6 31 38
Net Passenger Cars Trip gen -14 -2 0 -1 0 -2 -1
Net PCE Truck Trip gen 294 36 4 40 6 33 40
TFS = Thousand Square Feet
PCE = Passenger Car Equivalent
1 Trip rates from the Institute of Transportation Engineers, Trip Generation,10th Edition, 2017. Land Use Code 110 - General Light Industrial
2 Vehicle Mix from the City of Fontana, Truck Trip Generation Study, August 2003. Classification: Light Industrial (Attachment A) 3 Vehicle Mix from the City of Fontana, Truck Trip Generation Study, August 2003. Classification: Truck Terminals (Attachment B)
4 Passenger Car Equivalent (PCE) factors from the San Bernardino County CMP, Appendix B - Guidelines for CMP Traffic Impact Analysis Reports in San Bernardino County, 2016.

Source: Transportation Impact Analysis, 2021 (Appendix K).

The Project has been designed to construct onsite roadway improvements consistent with the City guidelines.

Additionally, the Project would pay Development Impact Fees as conditioned by the City pursuant to Municipal Code Chapter 3.27. The fees shall be collected and utilized as needed by the City to construct the improvements necessary to maintain the required Level of Service (LOS) and build or improve roads to their build-out level.

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Alternative Transportation
The proposed Project would construct sidewalks along the Industrial Parkway. The Project would be located approximately one mile from the SBX Green Line, which is located south of Kendall Drive and west of Palm Avenue. The Project would not disrupt service of the Green Line. Therefore, the Project would not conflict with alternative transportation and Project impacts to transit, bicycle, and pedestrian facilities would be less than significant.
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
Less Than Significant Impact. Senate Bill (SB) 743 was signed by Governor Brown in 2013 and required the Governor’s Office of Planning and Research (OPR) to amend the State CEQA Guidelines to provide an alternative to LOS for evaluating transportation impacts. SB743 specified that the new criteria should promote the reduction of GHGs, the development of multimodal transportation networks and a diversity of land uses. In response, Section 15064.3 was added to the CEQA Guidelines beginning January 1, 2019.

Section 15064.3(c) states that the provisions of the section shall apply statewide beginning on July 1, 2020.

State CEQA Guidelines Section 15064.3 - Determining the Significance of Transportation Impacts states that VMT is the most appropriate measure of transportation impacts and provides lead agencies with the discretion to choose the most appropriate methodology and thresholds for evaluating VMT.

The City of San Bernardino TIA Guidelines were consulted to determine whether a VMT analysis would be required for the Project. Based on the scoping criteria from the City of San Bernardino TIA Guidelines and evaluation using the San Bernardino County Transportation Authority (SBCTA) VMT Screening Tool, the Project would screen out of a VMT analysis as it would generate fewer than the screening threshold of 110 daily trips, as shown above in Table TR-1 (Appendix K). Therefore, impacts related to VMT would be less than significant; and the Project would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b).
c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. Vehicular access to the Project site would be provided via ingress and egress driveways connecting to Industrial Parkway. Vehicular traffic to and from the Project site would utilize the existing network of regional and local roadways that currently serve the Project area. The proposed Project would not introduce any new roadways or introduce a land use that would conflict with existing urban land uses in the surrounding area. The proposed Project includes internal driveways that would provide trucks access to the truck terminal building and truck parking. Design of the proposed Project, including the internal private roadway, ingress, egress, and other streetscape changes are subject to the City’s and UDSP development standards. For example, the design of the Project streets would be reviewed to ensure fire engine accessibility and turn around area is provided to the fire code standards. As a result, impacts related to vehicular circulation design features would be less than significant. d) Result in inadequate emergency access?
Less Than Significant Impact.

Construction
The proposed construction activities, including equipment and supply staging and storage, would occur within the Project site, and would not restrict access of emergency vehicles to the Project site or adjacent areas. The installation of driveways and connections to existing infrastructure systems that would be implemented during construction of the proposed Project could require the temporary closure of one side or portions of Industrial Parkway for a short period of time (i.e., hours or a few days). However, the construction activities would be required to ensure emergency access in accordance with Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9), which would be ensured through the City’s permitting process. Thus, implementation of the Project through the City’s permitting process would ensure existing regulations are Packet Pg. 272
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adhered to and would reduce potential construction related emergency access impacts to a less than significant level.

Operation
As described previously, the proposed Project area would be accessed from two driveways on Industrial Parkway. The construction permitting process would provide adequate and safe circulation to, from, and through the Project area, and would provide routes for emergency responders to access different portions of the Project area. The Project would provide a 40-foot or wider fire access lane around the proposed truck terminal building. Because the Project is required to comply with all applicable City codes, as verified by the City potential impacts related to inadequate emergency access would be less than significant.

Plans, Programs, or Policies (PPPs)
None.

Mitigation Measures
None.

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Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

45.18 TRIBAL CULTURAL RESOURCES.

Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code
section 21074 as either a site, feature, place,
cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with cultural
value to a California Native American tribe, and
that is:
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k)?
b) A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria set
forth in subdivision (c) of Public Resources Code
Section 5024.1. In applying the criteria set forth
in subdivision (c) of Public Resource Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California
Native American tribe?
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)?
Less than Significant with Mitigation Incorporated. The Project is required to comply with AB 52 regarding tribal consultation. Chapter 532, Statutes of 2014 (i.e., AB 52), requires that Lead Agencies evaluate a project’s potential to impact “tribal cultural resources.” Such resources include sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are eligible for inclusion in the California Register or included in a local register of historical resources (PRC Section 21074). AB 52 also gives Lead Agencies the discretion to determine, supported by substantial evidence, whether a resource falling outside the definition stated above nonetheless qualifies as a “tribal cultural resource.”
In compliance with these requirements, on November 12, 2021, the City sent letters to the following Native American tribes that may have knowledge regarding tribal cultural resources in the Project vicinity. • Agua Caliente Band of Cahuilla Indians
• Gabrieleno Band of Mission Indians - Kizh
Nation
• Gabrieleno/Tongva San Gabriel Band of
Mission Indians
• Gabrielino /Tongva Nation
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• Gabrielino Tongva Indians of California
Tribal Council
• Gabrielino-Tongva Tribe
• Morongo Band of Mission Indians
• Quechan Tribe of the Fort Yuma
Reservation
• San Manuel Band of Mission Indians
On July 9, 2021, Material Culture Consulting requested a Sacred Lands File (SLF) search from the Native American Heritage Commission. On July 27, 2021, the NAHC responded that the SLF search yielded positive results for known tribal cultural resources or sacred lands within a 1-mile radius of the Project site. The San Manual Band of Mission Indians (SMBMI) requested consultation regarding the proposed Project. The SMBMI consulted with City on December 20, 2021 via email and considers the area sensitive for cultural resources as several sites are located nearby. The Gabrieleno Band of Mission Indians – Kizh Nation (GBMI-KN) also requested consultation under AB 52 and consulted with the City on January 27, 2022. Neither tribe provided information specific to the Project site and or substantial evidence of the Project site’s cultural value or of known resources that could be eligible for listing on the State or local register. As discussed in Section 4.5 Cultural Resources, there are no resources listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). Therefore, impacts are considered less than significant. Via email, As such, the GBMI-KN and SMBMI consulting tribes requested inclusion of mitigation due to the potential of in the event the Project to unearths previously undocumented tribal cultural resources during construction. Although impacts would be less than significant, the Project Applicant has agreed to implement the measures. MM TCR-1 requires the qualified archaeologist to coordinate with SMBMI in the event of a pre-contact and/or historic-era cultural resource discovery. TCR-2 requires dissemination of any archaeological/cultural documents created as a part of the project to SMBMI. MM TCR-3 would require the City to retain a tribal monitor from or approved by the GBMI-KN. MM TCR-4 and 5 provide the processes to implement in the inadvertent discovery of human or funerary remains. Coordination with GBMI-KN and SMBMI SMBMI on potential cultural resource discoveries and archaeological/cultural documents would ensure proper precaution and handling of such resources, and further, minimize potential impacts to resources. Therefore, with implementation of MM TCR-1 and through MM TCR-52, impacts to tribal cultural resources would continue to be less than significant. b) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Less Than Significant Impact with Mitigation Incorporated. As discussed above, neither GBMI-KN or SMBMI tribe provided information specific to the Project site and or substantial evidence of the Project site’s cultural value or of known resources that could be eligible for listing on the State or local register.

As discussed in Section 4.5, a Cultural Resources Management Plan is required to be developed in coordination with SMBMI and GBMI-KN which would address the proper treatment of inadvertent discoveries of tribal Cultual resources during Project construction. Therefore, impacts related to the construction and/or operation of the Project would be less than significant with to avoid potential adverse effects to tribal cultural resources, implementation of Mitigation Measures CUL-1. As discussed above, and Mitigation Measures TCR-1 through MM TCR-5and TCR-2 have been voluntarily included to require coordination with SMBMI and GBMI-KN to avoid potential impacts to tribal cultural resources that may be unearthed by Project construction activities. No information has been provided to the Lead Agency indicating any likelihood of uncovering tribal cultural resources on the Project site, there are no known tribal cultural resources on or adjacent to the Project site, and no potentially significant impacts are anticipated.

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Additionally, as described previously California Health and Safety Code, Section 7050.5, included as PPP CUL-1, requires that if human remains are discovered in the Project site, disturbance of the site shall halt and remain halted until the coroner has conducted an investigation. If the coroner determines that the remains are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Therefore, the less than significant impacts would be further reduced with implementation of Mitigation Measures TCR-1 and through TCR-25 and MM CUL-1, impacts to TCRs would be less than significant.

Plans, Programs, or Policies (PPPs)
PPP CUL-1, as described in Section 5.5, Cultural Resources.

Mitigation Measures
MM TCR-1: The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed in CR-1, of any pre-contact and/or historic-era cultural resources discovered during project implementation and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a CRMP shall be created by the archaeologist, in coordination with SMBMI and GBMIKN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the project, should SMBMI elect to place a monitor on-site.

MM TCR-2: Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the project.

MM TCR-3: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities • The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
• A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
• The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of grounddisturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the GBMI-KN. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods.

Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the GBMI-KN.
• On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction Packet Pg. 276
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activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.
• Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. Recover and retention of any discovered TCRs will be conducted in the form and/or manner that the GBMIKN and SMBMI Tribes deem appropriate.

MM TCR-4: Unanticipated Discovery of Human Remains and Associated Funerary Objects • Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.
• If Native American human remains and/or grave goods discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed. • Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
• Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh Nation or SMBMI determines that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh monitor or SMBMI monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).)
• Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.
• Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

TCR-5: Procedures for Burials and Funerary Remains:
• As the Most Likely Descendant (“MLD”), the Koo-nas-gna Burial Policy shall be implemented.

To the GBMI-KN, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.
• If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created. • The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations Packet Pg. 277
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will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.
• In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The GBMI-KN will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed.
• In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. • Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the GBMI-KN and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
• The GBMI-KN will work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the GBMI-KN, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery-related forms of documentation shall be approved in advance by the GBMI-KN. If any data recovery is performed, once complete, a final report shall be submitted to the GBMI-KN and the NAHC. The GBMI-KN does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.

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Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

45.19 UTILITIES AND SERVICE SYSTEMS.

Would the project:
a) Require or result in the relocation or
construction of new or expanded water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
b) Have sufficient water supplies available to
serve the project and reasonably foreseeable
future development during normal, dry and
multiple dry years?
c) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
d) Generate solid waste in excess of State or
local standards or in excess of the capacity of
local infrastructure or otherwise impair the
attainment of solid waste reduction goals?
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
a) Require or result in the construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less Than Significant Impact.

Water Infrastructure
The Project applicant would redevelop the Project site, which is currently served by City of San Bernardino Municipal Water Department’s water infrastructure and would install new water infrastructure at the Project site that would connect to existing water infrastructure within Industrial Parkway. The new onsite water system would convey water supplies to the proposed truck terminal building and landscaping through plumbing/landscaping fixtures that are compliant with the CalGreen Plumbing Code for efficient use of water.

The proposed Project would continue to receive water supplies through the existing water lines located within the Industrial Parkway right-of-way that have the capacity to provide the increased water supplies needed to serve the proposed Project, and no expansions of the water pipelines that convey water to the Project Packet Pg. 279
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site would be required. Installation of the new water distribution lines would only serve the proposed Project and would not provide new water supplies to any off-site areas.

The construction activities related to the onsite water infrastructure that would be needed to serve the proposed Project is included as part of the Project and would not result in any physical environmental effects beyond those identified throughout this IS/MND. For example, analysis of construction emissions from excavation and installation of the water infrastructure is included in Sections 3, Air Quality and 8, Greenhouse Gas Emissions. Therefore, the proposed Project would not result in the construction of new water facilities or expansion of existing facilities, the construction of which could cause significant environmental effects, and impacts would be less than significant.

Wastewater
The Project site is currently served by the existing sewer lines within Industrial Parkway. The Project includes installation of onsite sewer lines that would connect to the existing sewer lines within Industrial Parkway. The existing sewer lines would accommodate development of the Project site and would not require expansion to serve the proposed Project. The necessary onsite installation of wastewater infrastructure is included as part of the proposed Project and would not result in any physical environmental effects beyond those identified in other sections of this IS/MND.

Storm Drainage
As discussed previously, the Project site is relatively flat, and runoff onsite would be conveyed into a biofiltration unit and eventually end up in the onsite detention basin at the southern corner of the Project site.

Due to the appropriate sizing of the onsite drainage features, as ensured through the Project permitting process, operation of the proposed Project would not substantially increase stormwater runoff, and the Project would not require or result in the construction of new offsite storm water drainage facilities or expansion of existing offsite facilities, the construction of which could cause significant environmental effects.

The required installation of the proposed drainage features is included as part of the proposed Project and would not result in any physical environmental effects beyond those identified in other sections of this IS/MND. Overall, impacts related to stormwater drainage facilities would be less than significant.

Electric Power
The Project would connect to the existing Southern California Edison electrical distribution facilities that are adjacent to the Project site and would not require the construction of new electrical facilities.

Natural Gas
The Project would connect to the existing Southern California Gas natural gas distribution facilities that are adjacent to the Project site.

The installation of the utilities at the locations as described above are evaluated throughout this IS/MND and found to be less than significant.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? Less Than Significant Impact. Water service would be provided to the Project site by the City of San Bernardino Municipal Water Department (SBMWD). The 2020 Upper Santa Ana River Watershed Integrated Regional Urban Water Management Plan (UWMP), adopted in June 2021, was prepared for the SBMWD and therefore accounts for the water usage that would be attributed to development of the Project site, consistent with its existing UDSP land use designation. According to the UWMP, the SBMWD currently uses one source of water to provide to its service area: Bunker Hill Groundwater Basin (UWMP 2021).

The Water Supply Reliability Assessment within the UWMP concludes that the district has adequate supplies to meet projected demands under multiple dry year scenarios, taking into account the recent prolonged Packet Pg. 280
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drought (UWMP 2021). The 2021 UWMP detailed a 2020 water demand of 179 gallons per capita per day. However, in order to conservatively estimate water used for irrigation and domestic uses for the proposed Project a water demand rate of 2,000 gallons per day per acre was used.2 As described previously, the Project includes development of a 11.07-acre site. Thus, the Project would generate an increased water demand of 22,140 gallons per day or 24.79acre-feet per year, which is within the anticipated increased demand and supply for water, as shown on Table UT-1. Furthermore, the southern portion of the Project site is currently operational as a 34,000 SF pallet manufacturing warehouse. As such,

24.79 acre-feet per year is a conservative estimate of the increase of water demand associated with implementation of the Project.

Table UT-1: SBMWD Projected Water Demand and Supply Comparison (AF) 2025 2030 2035 2040 2045
Supply Totals 53,444 54,974 56,504 57,734 58,963
Demand Totals 46,473 47,803 49,134 50,203 51,272
Difference 6,971 7,171 7,370 7,530 7,691
Source: UWMP 2021
Therefore, water demand from the proposed Project would be within the SBMWD’s current and projected water supplies available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years. All new development that connects to the system is required to pay its applicable fair-share Development Impact Fee(s). Thus, impacts related to water supplies would be less than significant. c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less Than Significant Impact. The Project site receives wastewater service from the City of San Bernardino with connections to sewer lines in Industrial Parkway. Wastewater from the Project site would be treated at the San Bernardino Water Reclamation Plant Facility. The Facility has capacity for 33 million gallons per day (mgd). As of 2020, the Facility receives an average 21.5 mgd. As such, the Facility has an excess capacity of 11.5 mgd.

Industrial uses generate approximately 1,700 gallons per day (gpd) per acre of wastewater. Thus, the

11.07 acres Project site would generate approximately 18,819 gpd of wastewater. The southern portion of the Project site is currently operational as a 34,000 SF pallet manufacturing warehouse. As such, 18,819 gpd of wastewater is a conservative estimate of the increase of wastewater demand associated with implementation of the Project. Therefore, the proposed Project’s wastewater generation would be within the current capacity for the San Bernardino Water Reclamation Facility.

All new development that connects to the system is required to pay its applicable fair-share Development Impact Fee(s). As such, the Water Reclamation Plant Facility would have adequate capacity to serve the Project. The proposed Project would connect to and operate under capacity of the current water treatment facility, allowing for sufficient service to the Project area. The Project would not result in any of the wastewater treatment plants discussed above exceeding wastewater treatment requirements. Therefore, impacts related to wastewater generation are less than significant. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? 2 Water demand of 2,000 gallons per day per acre was utilized from comparison to other industrial/warehouse uses in the County of San Bernardino in order to account for the increase water needs of industrial facilities.

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Less Than Significant Impact. In 2019, over 82 percent of the solid waste from the City, which was disposed of in landfills, went to the Mid Valley Sanitary Landfill. The Mid Valley Landfill is permitted to accept 7,500 tons per day of solid waste and is permitted to operate through 2045. The Mid Valley Sanitary Landfill has a remaining capacity of 61,219,377 tons. In 2019, the average tonnage received was 3,056 tons. Thus, on average, the facility had additional capacity of 4,444 tons per day (CalRecycle 2021).

Construction
Construction of the proposed Project would require demolition of the existing industrial building and associated structures. Demolition of the existing onsite buildings would result in a total of 6,413 tons of debris.

However, Section 5.408.1 of the 2016 California Green Building Standards Code requires demolition and construction activities to recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste. Thus, the demolition and construction solid waste that would be disposed of at the landfill would be approximately 35 percent of the waste generated. Therefore, demolition activities, which would generate the most solid waste would generate approximately 2,245 tons of solid waste. As described in the Air Quality Analysis, included in Appendix A to this IS/MND, demolition is expected to take 20 days. As such this would equate to approximately 112.25 tons of solid waste per day.

As described above, the Mid Valley Sanitary has additional capacity of approximately 4,444 tons per day.

Therefore, the facility would be able to accommodate the addition of 112.25 tons of waste per day during demolition of the proposed Project. Therefore, the Mid Valley Sanitary Landfill would be able to accommodate solid waste from construction of the proposed Project.

Operation
The CalEEMod solid waste generation rate for general light industrial land use is 1.24 tons per year per 1,000 square feet. Thus, the proposed truck terminal would generate approximately 64.7 tons of solid waste per year. However, at least 75 percent of the solid waste is required by AB 341 to be recycled, which would reduce the volume of landfilled solid waste to approximately 16.17 tons per year or 0.31 ton per week.

As the Mid Valley Sanitary Landfill has additional capacity of approximately 4,444 tons per day, the facility would be able to accommodate the addition of 0.31 ton of waste per week from the Project.

Therefore, the Mid Valley Sanitary Landfill would be able to accommodate solid waste from operation of the proposed Project, and impacts related to landfill capacity would be less than significant. e) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact. The proposed Project would result in new development that would generate an increased amount of solid waste. All solid waste-generating activities within the City are subject to the requirements set forth in Section 5.408.1 of the 2019 California Green Building Standards Code that requires demolition and construction activities to recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste, and AB 341 that requires diversion of a minimum of 75 percent of operational solid waste.

In addition, as stated in Response 5.19(d) above, the proposed Project would be required comply with the City’s Municipal Code Section 8.24.100, Construction and Demolition Debris Recycling Program, which requires that developments must meet the minimum diversion requirement. In addition, the proposed Project would be required to comply with all federal, State, and local regulations related to solid waste.

Furthermore, the proposed Project would comply with all standards related to solid waste diversion, reduction, and recycling during Project construction and operation. Therefore, the proposed Project is anticipated to result in less than significant impacts related to potential conflicts with federal, State, and local management and reduction statutes and regulations pertaining to solid waste.

Plans, Programs, or Policies (PPPs)
None.

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Mitigation Measures
None.

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Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

45.20 WILDFIRES. If located in or near state
responsibility areas or lands classified as very
high fire hazard severity zones, would the
project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to, pollutant
concentrations from a wildfire or the uncontrolled
spread of a wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or
that may result in temporary or ongoing impacts
to the environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact. According to the CAL FIRE Hazard Severity Zone map, the Project site is within an area identified as a Fire Hazard Severity Zone (FHSZ). The proposed Project would be located within a Local Responsibility Area (LRA) designated as a Very High Fire Hazard Severity Zone (VHFHSZ) (CAL FIRE 2020). However, as stated in Section 5.9 of this IS/MND, the proposed Project would not physically interfere with an adopted emergency response plan or emergency evacuation plan. The proposed Project does not include any characteristics (e.g., permanent road closures or long-term blocking of road access) that would substantially impair or otherwise conflict with an emergency response plan or emergency evacuation plan.

Further, the proposed Project would not obstruct or alter any transportation routes that could be used as evacuation routes during emergency events.

The proposed Project would provide adequate emergency access to the site via driveways from Industrial Parkway and would connect to an internal access way that would ensure access for emergency vehicles within the interior of the site. Additionally, the Project would be required to comply with the provisions set forth in Municipal Code Chapter 15.10, Foothill Fire Zone Building Standards. Adherence to the provisions set forth in Municipal Code Chapter 15.10 would limit potential risk associated with wildland fires within the Project site by requiring the use of flame retardant and noncombustible materials. Further, access to and from the Project site for emergency vehicles would be reviewed and approved by the San Bernardino County Fire Department and the City as part of the Project approval process to ensure the proposed Project is compliant with all applicable codes and ordinances for emergency vehicle access. Since the Project is required to comply with all applicable City codes, as verified by the City, any potential impacts related to an emergency response or evacuation (if any) would be less than significant.

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b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollution concentrations from a wildfire or the uncontrolled spread of a wildfire?
Less than Significant Impact. As stated previously, the Project site is located within a VHFHSZ. However, the Project site and surrounding area are currently developed or are being developed, and therefore, lack extensive combustible materials and vegetation necessary for the uncontrolled spread of a wildfire.

The Project site is relatively flat and there are limited elevation changes in the Project vicinity. The Project proposes an industrial development in an area characterized by existing industrial uses. Additionally, adherence to the provisions set forth in Municipal Code Chapter 15.10 would limit potential risk associated with wildland fires within the Project site by requiring the use of flame retardant and noncombustible materials. As such, the Project itself would not exacerbate wildfire risks as compared to existing conditions because it is representative of existing development in the area. Thus, impacts related to other factors that would expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire would be less than significant.
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact. The Project does not require the installation or maintenance of associated infrastructure (including roads, fuel breaks, emergency water sources, power lines, or other utilities) that would exacerbate fire risk or that would result in impacts to the environment. Although the Project includes new driveways within the Project site, the Project does not include any changes to public or private roadways that would exacerbate fire risk or that would result in impacts to the environment. Although utility improvements, including domestic water, sanitary sewer, and storm drain lines proposed as part of the Project would be extended throughout the Project site, these utility improvements would be underground and would not exacerbate fire risk. Project design and implementation of utility improvements would be reviewed and approved by the City as part of the Project approval process to ensure the proposed Project is compliant with all applicable design standards and regulations. Therefore, the proposed Project would not include infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities), that would exacerbate fire risk or that would result in impacts to the environment and no impacts would occur. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Less Than Significant Impact. According to the FEMA FIRM maps, the Project site is zoned as Flood Zone X, area of 0.2% annual chance flood; area of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood.

As established in Section 5.10 of this IS/MND, during Project construction soil would be compacted and drainage patterns would be temporarily altered due to grading, and there would be an increased potential for flooding compared to existing conditions. However, construction BMPs would be identified and implemented as part of the proposed Project. Implementation of construction BMPs would control and direct surface runoff to prevent flooding, and as such, Project construction would not expose people or structures to significant risks related to downslope and downstream flooding. Therefore, impacts would be less than significant.

During operation, the proposed Project would not substantially alter the existing onsite drainage patterns.

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to accommodate stormwater runoff from the Project site so that onsite flooding would not occur. Therefore, impacts would be less than significant.

As established in Section 5.7 of this IS/MND, there are no landslide zones close to or within the boundaries of the Project site. The Project site is relatively flat; therefore, the risk of slope failure represents a limited level of concern on the Project site. Further, projects in the City of San Bernardino are required to comply with the CBC, which would include the incorporation of: 1) seismic safety features to minimize the potential for significant effects as a result of earthquakes; 2) proper building footings and foundations; and 3) construction of the building structures so that it would withstand the effects of strong ground shaking. These features would reduce potential impacts related to landslides to a less than significant level. Therefore, with implementation of the CBC, the Project would not expose people or structures to significant risks, including downslope or downstream landslides, and impacts (if any) would be less than significant.

Plans, Programs, or Policies (PPPs)
None.

Mitigation Measures
None.

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45.21 MANDATORY FINDINGS OF
SIGNIFICANCE.

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or
restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and the effects of probable future projects)?
c) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less Than Significant Impact with Mitigation Incorporated. Based on the discussion in Section 5.4, Biological Resources, of this document, the proposed Project is anticipated to result in less than significant impacts related to habitat, wildlife species, and/or plant and animal communities. The proposed Project would not eliminate a plant or animal community, nor would it substantially reduce the number or restrict the range of a rare or endangered plant or animal. However, MM BIO-1 has been included to comply with the provisions of the MBTA as there are ornamental trees onsite.

As described in Section 5.5, Cultural Resources, the Project site does not contain any buildings or structures that meet any of the California Register of Historical Resources (California Register) criteria or qualify as “historical resources” as defined by CEQA. Therefore, the proposed Project would not cause a substantial adverse change in the significance of a historical resource. As described previously, the Project site has been previously disturbed from various past uses that involve grading and installation of utility infrastructure. As a result of proximity to historic resources and a positive SLF result, the potential for archaeological resources exists on site is moderate. However, Mitigation Measure CUL-1 has been included to require archaeological monitoring of ground disturbing activities to ensure that inadvertent discovery of resources during grounddisturbing activities are less than significant. Implementation of Mitigation Measure CUL-1 and Mitigation Measures TCR-1 and through TCR-52 would reduce potential impacts to important examples of California prehistory to a less than significant level.

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b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
Less Than Significant with Mitigation Incorporated. As presented in this document, potential Project-related impacts are either less than significant or would be less than significant with mitigation incorporated. Based on the analysis contained in this document, Project-related impacts would be reduced to less than significant levels with the incorporation of mitigation measures. Given that the potential Project-related impacts would be mitigated to a less than significant level, implementation of the proposed Project would not result in impacts that are cumulatively considerable when evaluated with the impacts of other current projects, or the effects of probable future projects. Therefore, the proposed Project’s contribution to any significant cumulative impacts would be less than cumulatively considerable. As discussed in Sections 5.1 through 5.20 of this document, mitigation would be required and incorporated as necessary. Therefore, impacts would be less than significant with mitigation incorporated.
c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less Than Significant with Mitigation Incorporated. Based on the Project Description and the preceding responses in Sections 5.1 through 5.20 of this document, implementation of the proposed Project would not cause substantial adverse effects to human beings because all potentially significant impacts of the proposed Project would be mitigated to a less than significant level. Therefore, since all potentially significant impacts of the proposed Project are expected to be mitigated to a less than significant level, implementation of the proposed Project would not cause substantial adverse effects on human beings.

Plans, Programs, or Policies (PPPs)
None.

Mitigation Measures
MM CUL-1, as listed in Section 5.4.

MM HAZ-1, as listed in Section 5.9.

MM TCR-1 and through TCR-25, as listed in Section 5.18.

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65 Document Preparers and Contributors
Lead Agency:

City of San Bernadino
Planning Department
290 N D St.

San Bernardino, CA 92401
CEQA Document Preparer:

EPD Solutions, Inc.

Konnie Dobreva, JD
Meaghan Truman
Eilish McNulty
Danielle Thayer
Meghan Macias
Alex Garber
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76 References
Air Quality, Energy, and Greenhouse Gas Impact Analysis. Prepared by EPD Solutions (EPD 2021a).

Appendix A.

CalRecycle Solid Waste Information System Facility/Site Search. Available at:
https://www2.calrecycle.ca.gov/SWFacilities/Directory/
CalRecycle Jurisdiction Disposal and Alternative Daily Cover (ADC) Tons by Facility (ca.gov). Accessed:
https://www2.calrecycle.ca.gov/LGCentral/DisposalReporting/Destination/DisposalByFacility California Fire Hazard Severity Zone Viewer. Cal FIRE (2021). Accessed from:
https://egis.fire.ca.gov/FHSZ/
California Important Farmland Finder. California Department of Conservation. Accessed from:
https://maps.conservation.ca.gov/DLRP/CIFF/
California State Scenic Highway System Map. Accessed from:
https://www.arcgis.com/apps/webappviewer/index.html?id=2e921695c43643b1aaf7000dfcc19983] City of San Bernardino. General Plan Update EIR. http://www.ci.sanbernardino.ca.us/pdf/DevSvcs/DEIR%20072505/DEIR%20Ch%2005_09_MIN.pdf City of San Bernardino Municipal Code. Accessed from: http://www.ci.sanbernardino.ca.us/civicax/filebank/blobdload.aspx?blobid=19233 EnviroStor. Department of Toxic Substances Control. Accessed from https://www.envirostor.dtsc.ca.gov/public/
Estimated Solid Waste Generation Rates. CalRecycle. Accessed from https://www2.calrecycle.ca.gov/WasteCharacterization/General/Rates Fault Activity Map of California. California Department of Conservation. Accessed from:
https://maps.conservation.ca.gov/cgs/fam/
FEMA Flood Map Center. Accessed from:
https://msc.fema.gov/portal/search?AddressQuery=3060%20Wilson%20Ave%2C%20Perris%2C%20C A%2092571#searchresultsanchor
General Biological Assessment. Prepared by Hernandez Environmental Services. (HES 2021) Appendix C.

Geotechnical Investigation. Prepared by Sladden Engineering (Sladden 2021). Appendix E.

Health Risk Assessment. Prepared by EPD Solutions (EPD 2021b). Appendix B.

Mid-Valley Sanitary Landfill. CalRecycle (2021). Accessed from:
https://www2.calrecycle.ca.gov/SolidWaste/Site/Summary/2662 Noise Impact Analysis. Prepared by Vista Environmental (Vista 2021). Appendix J.

Phase I Cultural and Paleontological Resources Assessment. Prepared by Material Culture Consulting (MCC 2021). Appendix C.

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Phase I Environmental Site Assessment. Prepared by Stantec Consulting Services, Inc. (Stantec 2021a).

Appendix F.

Phase II Environmental Site Assessment. Prepared by Stantec Consulting Services, Inc. (Stantec 2021b).

Appendix G.

Preliminary Water Quality Management Plan. Prepared by Goodman and Associates (Goodman 2021a).

Appendix H.

Preliminary Drainage Study. Prepared by Goodman and Associates (Webb 2021b). Appendix I.

State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State, May 2021. Accessed: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-5/ State of California, Employment Development Department. Accessed:
https://www.labormarketinfo.edd.ca.gov/
Traffic Impact Analysis. Prepared by EPD Solutions (EPD 2021c). Appendix K.

VMT Screening Analysis. Prepared by EPD Solutions (EPD 2021d). Appendix L.

University District Specific Plan. City of San Bernardino. November 1, 2005. http://www.sbcity.org/pdf/DevSvcs/University%20Dist%20SP%2011-05.pdf Upper Santa Ana River Watershed Integrated Regional Urban Water Management Plan. Prepared by Water Systems Consulting, Inc. June 30, 2021. (UWMP 2021). https://www.sbmwd.org/DocumentCenter/View/7859/Part-2-Chapter-8_SBMWD_2020-UWMPChapter_Final?bidId= Packet Pg. 291
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Chapter 2. Response to Comments on the Public
Review MND
This chapter of the Final Mitigated Negative Declaration (MND) contains responses to the comments that the City of San Bernardino (Lead Agency) received on the Public Review MND (SCH No. 2022040166) (Chapter 1) for the Industrial Parkway Project during the public review period, which began April 9, 2022 and closed April 28, 2022. This document has been prepared in accordance with California Environmental Quality Act (CEQA) as amended (Public Resources Code Section 21000 et seq.) and the Guidelines for Implementation of the California Environmental Quality Act (State CEQA Guidelines) (Cal. Code Regs., tit. 14, § 15000 et seq.) and represents the independent judgment of the Lead Agency. This document, together with the Public Review MND, the Revisions to the Public Review MND, and the Mitigation Monitoring and Reporting Program comprise the Final MND. The following public comments were submitted to the City of San Bernardino during the public review period:

1. Sean Carlson, Received April 28, 2022 (31 pages).

2. Mitchell M. Tsai, Received May 3, 2022 (1 page)
The public comments and responses to comments are included in the public record and are available to the Lead Agency decision-makers for their review and consideration prior to making their decision whether to approve the proposed Project. Pursuant to State CEQA Guidelines Section 15074(b) Consideration and Adoption of a Negative Declaration or Mitigated Negative Declaration, none of the comments provide substantial evidence that the Project will have significant environmental effects which would require preparation of an Environmental Impact Report. Further, none of the information in the letters or responses constitute the type of significant new information that requires recirculation of the Industrial Parkway Project MND for further public review under State CEQA Guidelines Section 15073.5 Recirculation of a Negative Declaration Prior to Adoption. None of this new material indicates that the Project will result in a significant new environmental impact not previously disclosed in the Industrial Parkway Project MND. Additionally, none of this information indicates that there would be a substantial increase in the severity of a previously identified environmental impact that will not be mitigated, or that there would be any of the other circumstances requiring recirculation described in State CEQA Guidelines Section 15073.5.

This Response to Comments includes revisions to the Public Review Draft MND based upon: (1) clarifications required to prepare a response to a specific comment; and/or (2) typographical errors. These revisions do not alter any impact significance conclusions as disclosed in the MND.

Changes made to the MND are identified here in strikeout text to indicate deletions and in underlined text to signify additions.

Although State CEQA Guidelines Section 15088 does not require a Lead Agency to prepare written responses to comments received, the City of San Bernardino has elected to prepare the following written responses with the intent of providing a comprehensive and meaningful evaluation of the proposed Project. The number designations in the responses are correlated to the bracketed and identified portions of each comment letter.

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Enclosure 1: Map
Enclosures and full comment letter contents are provided as Appendix M for this Final MND.

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RESPONSE TO COMMENT LETTER 1: Sean Carlson, Received April 28, 2022 Response to Comment 1.1: This comment introduces the comment letter, and that the commenter is writing on behalf of Metropolitan Water District of Southern California (Metropolitan). This comment provides background on the Project and introduces the comment letter. The comment does not question the content or conclusions of the Industrial Parkway Project MND. No further response is warranted.

Response to Comment 1.2: This comment states that Metropolitan owns and operates the Rialto Pipeline and appurtenant facilities. The commenter expresses concern regarding potential project impacts on the pipeline and appurtenant facilities. A map is provided that shows Metropolitan’s facilities in relation to the Project site, which delineates Metropolitan’s fee, easement, water right, and subsurface right areas. The comment states that Metropolitan requires unobstructed access to its facilities in order to maintain and repair its system. In order to avoid potential right-of-way and access conflicts, Metropolitan is requiring that all design plans in proximity to these facilities be submitted for Metropolitan Substructures Team’s review and written approval prior to project approval. Metropolitan will not permit procedures that could subject the pipeline to excessive vehicle, impact or vibratory loads. Approval of the project should be contingent on Metropolitan’s approval of design plans for portions of the proposed project that could impact its facilities.

The title report for the Project does not show an easement for pipeline and appurtenant facilities (see Title Report, provided in Appendix M). However, the Project Applicant will work with Metropolitan and project designs will be submitted to Metropolitan Substructures Team for review. The City will include a condition of approval that requires Metropolitan Substructures Team’s review and written approval prior to issuance of a grading plan. The applicant will coordinate with Metropolitan to delineate easements within the Project site and to ensure the Rialto Pipeline and appurtenant facilities are not impacted as a result of Project construction and/or operation.

The comment does not question the content or conclusions of the Industrial Parkway Project MND. No further response is warranted.

Response to Comment 1.3: This comment states that Metropolitan encourages inclusion of water conservation measures, such as water conservation, reclaimed water use, and groundwater recharge programs, into the Project. Metropolitan supports mitigation measures such as using water efficient fixtures, drought-tolerant landscaping, and reclaimed water to offset any increase in water use associated with the proposed Project.

Proposed Project landscaping includes predominately plants classified as low water need, with several moderate water need plants. The Project will be equipped with a low flow irrigation system consisting of evapotranspiration weather based smart controller, slow flow rotors, bubbler an/or drip systems used throughout. The irrigation water efficiency will meet or surpass the current stated mandated Assembly Bill (AB) 1881 Water Ordinance. Additionally, the proposed Project would install an onsite storm drain system that would convey runoff to a pre-treatment unit then to an underground infiltration/detention system that would capture, filter, and infiltrate runoff. In addition, the Project includes 43,139 SF of landscaping that would infiltrate stormwater onsite. Infiltration will support groundwater recharge on the Project site.

As discussed in Section 5.19, Utilities and Service Systems of the MND, impacts to water supply and water utilities are less than significant without the need for mitigation. Metropolitan recommendations (Enclosure 2 of the letter provided in Appendix M) will be forwarded to the Project Applicant and City decisionmakers for their consideration. In addition, as discussed in Response to Comment 2.2, the Project will be conditioned to obtain Metropolitan Substructures Team’s review.

Response to Comment 1.4: This comment concludes the comment letter and provides contact information for further questions. The comment does not question the content or conclusions of the Industrial Parkway Project MND. No further response is warranted.

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Letter 2: Mitchell M. Tsai, Received May 3, 2022 (1 page)

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RESPONSE TO COMMENT LETTER 2: Mitchell M. Tsai, Received May 3, 2022 (1 page) Response to Comment 2.1: This comment expresses support for the project and requests to withdraw a previous letter submitted on April 28, 2022. The commenter states that the project would benefit the environment and local economy. The comment does not question the content or conclusions of the Industrial Parkway Project MND. No further response is warranted.

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Mitigation Monitoring and Reporting Program
Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Mitigated Negative Declaration has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a “…reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment” (CEQA, Public Resources Code Sections 21081, 21081.6).

A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented for the Industrial Parkway Project (Project). The City of San Bernardino is the Lead Agency for the project and is responsible for implementation of the MMRP. This report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP.

Mitigation Monitoring and Reporting Program
The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the City for the Project. The table identifies mitigation measures required by the City to mitigate or avoid significant impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance.

The MMRP also includes a column that will be used by the compliance monitor (individual responsible for monitoring compliance) to document when implementation of the measure is completed. As individual Plan, Program, Policies; and mitigation measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed.

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TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials

BIOLOGICAL RESOURCES
MM Bio-1: Nesting Bird Survey. Vegetation removal should occur outside of the nesting bird season (generally between February 1 and September 15). If vegetation removal is required during the nesting bird season, the applicant must conduct take avoidance surveys for nesting birds prior to initiating vegetation removal/clearing. Surveys will be conducted by a qualified biologist(s) within three days of vegetation removal. If active nests are observed, a qualified biologist will determine appropriate minimum disturbance buffers and other adaptive mitigation techniques (e.g., biological monitoring of active nests during construction-related activities, staggered schedules, etc.) to ensure that impacts to nesting birds are avoided until the nest is no longer active. At a minimum, construction activities will stay outside of a 300-foot buffer around the active nests. For raptor species, the buffer is to be expanded to 500 feet. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist and City of San Bernardino Planning Division verify that the nests are no longer occupied, and the juvenile birds can survive independently from the nests. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, normal construction activities may occur.

Submittal of pre-activity
field survey results report.

Prior to Demolition and
Grading Permits.

City of San Bernardino
Planning Division

CULTURAL RESOURCES
MM CUL-1: Archaeological Monitoring. Prior to the issuance of the first grading permit, the applicant shall provide a letter to the City Planning Division, or designee, from a qualified professional archeologist meeting the Secretary of Interior’s Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A stating that qualified archeologists have been retained and will be present at pre-grade meetings and for all initial ground disturbing activities, up to five feet in depth. Prior to the start of construction, a cultural resources management plan (CRMP) shall be prepared by the Project archaeologist, the drafts of which shall be provided to SMBMI for review and comment. The CRMP shall implement at least the following measures:

Confirmation of
professional archaeologist
retention/ongoing/monito
ring/submittal of Report
of Findings. Prior to
Demolition and Grading
Permits and during
subsurface excavation.

City of San Bernardino
Planning Division
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Mitigation Measure Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
The frequency of inspections shall depend upon the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. The consulting archaeologist shall have the authority to modify the monitoring program if the potential for cultural resources appears to be less than anticipated. Isolates and clearly non-significant deposits shall be minimally documented in the field so the monitored grading can proceed.

In the event a previously unrecorded archaeological deposit is encountered during construction, all activity within 60 feet of the area of discovery shall cease and the City shall be immediately notified. The archeologist shall be contacted to flag the area in the field and shall determine if the archaeological deposits meet the CEQA definition of historical (State CEQA Guidelines 15064.5(a)) and/or unique archaeological resource (Public Resources Code 21083.2(g)). Additionally, San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) and Gabrieleno Band of Mission Indians – Kizh Nation (GBMI-KN) shall be contacted, as detailed within TCR-1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.

If the find is considered a “resource” the archaeologist shall pursue either protection in place or recovery, salvage and treatment of the deposits.

Recovery, salvage and treatment protocols shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4 in consultation with the City. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to archaeological resources qualifying as historical resources. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C). If unique archaeological resources cannot be preserved in place or left in an undisturbed state, recovery, salvage, and treatment shall be required at the developer/applicant’s expense.

HAZARDS AND HAZARDOUS MATERIALS
MM HAZ-1: Soil Management Plan. Prior to issuance of a grading permit, the Project applicant shall demonstrate to the City of San Bernardino that a qualified environmental consultant has been retained and has prepared a Soil Review and approval of
oil Management Plan.

Prior to grading permit.

City of San Bernardino
Planning Division
Packet Pg. 302
Mitigated Negative Declaration
City of San Bernadino Industrial Parkway Project
3-5
Mitigation Measure Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
Management Plan (SMP) that details procedures and protocols for onsite management of soils containing potentially hazardous materials. The SMP shall be implemented during grading activities onsite to ensure that soils containing residual levels of hydrocarbons, volatile organic compounds, and tetrachloroethylene, are properly identified, monitored, and managed onsite, and include the following:
• A certified hazardous waste hauler shall remove all potentially hazardous soils. In addition, sampling of soil shall be conducted during excavation to ensure that all petroleum hydrocarbon and arsenic impacted soils are removed, and that Environmental Screening Levels (ESLs) for nonresidential uses are not exceeded. Excavated materials shall be transported per California Hazardous Waste Regulations to a landfill permitted by the State to accept hazardous materials.
• Any subsurface materials exposed during construction activities that appear suspect of contamination, either from visual staining or suspect odors, shall require immediate cessation of excavation activities. Soils suspected of contamination shall be tested for potential contamination. If contamination is found to be present per the Department of Toxic Substances Control Screening Levels for industrial/commercial land use (DTSC-SLi) and the EPA Regional Screening Levels for
industrial/commercial land use (EPA-RSLi), it shall be transported and disposed of per state regulations to an appropriately permitted landfill. • The SMP shall include a Health and Safety Plan (HSP) addresses potential safety and health hazards and includes the requirements and procedures for employee protection; each contractor will be required to have their own HSP tailored to their particular trade that addresses the general project safety requirements. The HSP shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction. • The SMP shall be prepared and executed in accordance with South Coast Air Quality Management District (SCAQMD) Rule 1166, Volatile Organic Compound Emissions from Decontamination of Soil. The SMP shall require the timely testing and sampling of soils so that contaminated soils can be separated from inert soils for proper disposal. The SMP shall specify the testing parameters and sampling frequency. Anticipated testing includes Packet Pg. 303
Mitigated Negative Declaration
City of San Bernadino Industrial Parkway Project
3-6
Mitigation Measure Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
total petroleum hydrocarbons (TPH), volatile organic compounds (VOCs), and semi-volatile organic compounds (SVOCs). During excavation, Rule 1166 requires that soils identified as contaminated shall be sprayed with water or another approved vapor suppressant, or covered with sheeting during periods of inactivity of greater than an hour, to prevent contaminated soils from becoming airborne. Under Rule 1166, contaminated soils shall be transported from the project site by a licensed transporter and disposed of at a licensed storage/treatment facility to prevent contaminated soils from becoming airborne or otherwise released into the environment.
• All SMP measures shall be printed on the construction documents, contracts, and Project plans prior to issuance of grading permits.

TRIBAL
MM TCR-1: The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed in CR-1, of any precontact and/or historic-era cultural resources discovered during project implementation and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a CRMP shall be created by the archaeologist, in coordination with SMBMI and GBMI-KN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the project, should SMBMI elect to place a monitor on-site.

Tribe contact. Upon
cultural resource
discovery.

Development of a CRMP.

The find is deemed
significant.

City of San Bernardino
Planning Division
MM TCR-2: Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the project.

Submit project cultural
documents to applicant
and City. Following
preparation.

Qualified Professional
Archeologist/ City of San
Bernardino Planning
Division
MM TCR-3: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities
• The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Retain a Native American
Monitor. Prior to the
commencement of any
“ground-disturbing
activity”.

City of San Bernardino
Planning Division
Packet Pg. 304
Mitigated Negative Declaration
City of San Bernadino Industrial Parkway Project
3-7
Mitigation Measure Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
• A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any grounddisturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
• The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the GBMI-KN. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the GBMI-KN. • On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs. • Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. Recover and retention of Packet Pg. 305
Mitigated Negative Declaration
City of San Bernadino Industrial Parkway Project
3-8
Mitigation Measure Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
any discovered TCRs will be conducted in the form and/or manner that the GBMI-KN and SMBMI Tribes deem appropriate.

MM TCR-4: Unanticipated Discovery of Human Remains and Associated Funerary Objects
• Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.
• If Native American human remains and/or grave goods discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed.
• Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). • Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh Nation or SMBMI determines that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh monitor or SMBMI monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).)
• Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material.

If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.

Treatment of human
remains and/or
associated funerary
objects. Upon
unanticipated discovery of
human and/or funerary
remains.

City of San Bernardino
Planning Division
Packet Pg. 306
Mitigated Negative Declaration
City of San Bernadino Industrial Parkway Project
3-9
Mitigation Measure Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
• Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

TCR-5: Procedures for Burials and Funerary Remains:
• As the Most Likely Descendant (“MLD”), the Koo-nas-gna Burial Policy shall be implemented. To the GBMI-KN, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.
• If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created.
• The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.
• In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The GBMI-KN will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed.
• In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before grounddisturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. • Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, Burial of human and/or
funerary remains. Upon
unanticipated discovery of
human and/or funerary
remains.

City of San Bernardino
Planning Division
Packet Pg. 307
Mitigated Negative Declaration
City of San Bernadino Industrial Parkway Project
3-10
Mitigation Measure Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the GBMI-KN and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. • The GBMI-KN will work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the GBMI-KN, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recoveryrelated forms of documentation shall be approved in advance by the GBMI-KN. If any data recovery is performed, once complete, a final report shall be submitted to the GBMI-KN and the NAHC. The GBMI-KN does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.

Packet Pg. 308
Mitigated Negative Declaration
City of San Bernadino Industrial Parkway Project
3-11
Plans, Programs, or Policies (PPPs) Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials

AESTHETICS
PPP AES-1: Outdoor Lighting. All outdoor luminaires installed shall be appropriately located and adequately shielded and directed such that no direct light falls outside the parcel of origin, or onto the public right-of-way. In addition, outdoor luminaires shall not blink, flash, or rotate and shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Municipal Code Section 19.20.030.

Shielding building lighting
fixtures. Construction.

City of San Bernardino
Planning Division

AIR QUALITY
PPP AQ-1: Rule 402. The Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 402. The Project shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.

Compliance with Rule
402. Construction.

City of San Bernardino
Planning Division
PPP AQ-2: Rule 403. The Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 403, which includes the following:
• All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
• The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered, with complete coverage of disturbed areas, at least 3 times daily during dry weather; preferably in the mid-morning, afternoon, and after work is done for the day. • The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less.

Compliance with Rule
403. Construction.

City of San Bernardino
Planning Division
PPP AQ-3: Rule 1113. The Project is required to comply with the provisions of South Coast Air Quality Management District Rule (SCAQMD) Rule 1113. Only Compliance with Rule
1113. Construction.

City of San Bernardino
Planning Division
Packet Pg. 309
Mitigated Negative Declaration
City of San Bernadino Industrial Parkway Project
3-12
“Low-Volatile Organic Compounds” paints (no more than 50 gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.

BIOLOGICAL RESOURCES
PPP BIO-1: Tree Removal Permit. San Bernardino Municipal Code Chapter

15.34 requires that in the event more than five trees are removed within a 36- month period, a tree removal permit must first be issued by the Community Development Department. Unless there is a pre-approved tree replacement plan, each tree that is removed, and is determined to be of significant value by the Community Development Director, shall be replaced with a 36-inch box tree.

Application and approval
of tree removal permit. If
during construction 5 or
more trees are removed
within a 36-month period.

City of San Bernardino
Planning Division

CULTURAL RESOURCES
PPP CUL-1: Human Remains. Should human remains or funerary objects be discovered during project construction, the project would be required to comply with State Health and Safety Code Section 7050.5, which states that no further disturbance may occur in the vicinity of the body (within a 100-foot buffer of the find) until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD must complete the inspection within 48 hours of being granted access to the site.

Stop disturbance activities
within 100-foot buffer
area of identified human
or funerary remains;
contact MLD. Within 48
hours of inadvertent
discovery of identified
human or funerary
remains.

City of San Bernardino
Planning Division; County
Coroner.

WATER QUALITY
PPP WQ-1: Prior to grading permit issuance, the project developer shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a QSD (Qualified SWPPP Developer) pursuant to the Municipal Code Chapter 13.54.

The SWPPP shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to comply with the National Pollutant Discharge Elimination System (NPDES) requirements to limit the potential of polluted runoff during construction activities. Project contractors shall be required to ensure compliance with the SWPPP and permit periodic inspection of the Review and approval of
SWPPP. Prior to grading
permit.

City of San Bernardino
Planning Division
Packet Pg. 310
Mitigated Negative Declaration
City of San Bernadino Industrial Parkway Project
3-13
construction site by City of San Bernardino staff or its designee to confirm compliance.

Packet Pg. 311
Development Code Amendment (Zoning Map
Amendment) 21-03, and
Development Permit Type-P 21-15
Presented by Harald Luna, Senior Planner
Community & Economic Development Department
Packet Pg. 312
Proposed Project:

Development Code Amendment (Zoning Map Amendment) 21-03:
§ Change the Zoning District Classification from Commercial General (CG-1) to Industrial Heavy (IH) for a parcel (APN: 0266-041-40) containing approximately 3.94 acres; and
Development Permit Type-D 21-15
§ Development of a truck terminal facility containing approximately 52,160 square feet.

Address: 5770 N. Industrial Parkway
APN(s): 0266-041-22 and 40
Existing Zone: Industrial Heavy (IH) and Commercial General (CG-1) Site Area: 11.07 acres Packet Pg. 313
Aerial Map:

Industrial Parkway
N. Cajon Blvd.

Palm Ave.

Packet Pg. 314
Zoning Designation:

Packet Pg. 315
Existing Site:

Packet Pg. 316
Analysis:

The proposed truck terminal facility is consistent with the policies of the City’s General Plan, and complies with the standards of the City’s Development Code
52,160 square-foot truck terminal facility
Access:

Provided off of N. Industrial Parkway:
50’ wide main driveway (Primary) and a 30’ wide driveway (Secondary) Off-Street Parking:

Parking required: 71
Parking provided: 73
(52 standard passenger vehicle parking spaces, 5 handicapped spaces and 16 electric vehicle/clean air/carpool spaces) 141 trailer parking stalls
Landscaping:
-All new landscaping along the project site frontage, within the parking lot area, and required setback areas. -Enhanced dense landscaping and a new eight (8) foot high decorative block wall will be provided adjacent to Industrial Parkway to shield the proposed project from the adjacent public right-of-way.

Packet Pg. 317
Site Plan:

Packet Pg. 318
Floor Plans:

Packet Pg. 319
Renderings:

Packet Pg. 320
Recommendation:

Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-XXX of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving Development Code Amendment (Zoning Map Amendment) 21-03; and
Adopt Resolution No. 2022-XXX of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type-P 21-15, pursuant to a Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program; and
Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on October 5, 2022.

The Mayor and City
Council:

1. 2.

3. Packet Pg. 321
Placeholder for Attachment 9 - Newspaper Publication. The ad will be published on 9/10/22, so we will not have the proof of publication until after that date.

Packet Pg. 322

PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: September 21, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Nathan Freeman, Agency Director of Community, Housing and Economic Development
Department: Community & Economic Development (CED)
Subject: Public Hearing on Annexation No. 22 to Community Facilities District 2019-1 (Ward 7)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing;

2. Adopt Resolution No. 2022-194 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 22);

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

4. Adopt Resolution No. 2022-195 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 22);

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1594 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and Packet Pg. 323
administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1594 for October 5, 2022.

Background
On August 3, 2022, the Mayor and City Council adopted Resolution No. 2022-171, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for September 21, 2022, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on August 4, 2022, at 10:43 a.m. in Book 90 Page 51, Document No. 2022-0269711 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.

The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 4.63 gross acres of a commercial lot within the City, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will consist of a selfstorage facility. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

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

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

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

The proposed area to be annexed into the CFD will be included in Tax Zone 23 and is located south of the 210 Freeway, north of E Highland Ave between N Golden Ave and Mountain Ave N, as shown in Attachment #13.

The maximum annual special tax for this development has been calculated to be $1,167 per acre for FY 2022/23. This tax rate includes a Maximum Special Tax A of $847 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $320 per acre per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached hereto. If the Property Owners Association (POA) were to default Packet Pg. 324
of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. • Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted August 3, 2022. • Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for October 5, 2022.

Discussion
The Resolution of Intention called for a public hearing to be held on September 21, 2022, on the issue of the annexation of territory into CFD No. 2019-1. Under the MelloRoos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.

Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Packet Pg. 325
Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2022-___, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022-___ declaring the results of the election.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $3,518 from Special Tax A to be used to pay for maintenance costs within the development.

On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.

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

1. Hold a Public Hearing;

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

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1594 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and;

6. Schedule the adoption of Ordinance No. MC-1594 for October 5, 2022.

Attachments
Attachment 1 Resolution No. 2022-194- Resolution Calling Election Attachment 2 Exhibit A Description of Territory
Attachment 3 Exhibit B Rate and Method of Apportionment Attachment 4 Exhibit C Special Election Ballot
Attachment 5 Resolution No. 2022-195- Resolution Declaring Election Results Attachment 6 Exhibit A Certificate of Election Results
Attachment 7 Ordinance No. MC-1594
Attachment 8 Exhibit A Description of Services
Attachment 9 Exhibit B Parcel List
Attachment 10 Signed Petition and Waiver
Attachment 11 Proof of Publication Notice of Public Hearing (Place Holder) Attachment 12 PowerPoint Presentation
Attachment 13 Project Map
Ward
Seventh Ward
Synopsis of Previous Council Actions
June 5, 2019 - Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

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

August 3, 2022 - Mayor and City Council adopted Resolution No. 2022-171, a Packet Pg. 327
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”.

July 17, 2019 - Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No.

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

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

August 3, 2022 - Mayor and City Council adopted Resolution No. 2022-171, 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”.

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RESOLUTION NO. 2022-194

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CALLING AN ELECTION TO SUBMIT TO THE

QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
22)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019 after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and
WHEREAS, the City Council on August 3, 2022 duly adopted Resolution No. 2022-171 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019- 1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for September 21, 2022; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 22 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on August 4, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 51, in the office of the San Bernardino County Recorder; and
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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on September 21, 2022, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the September 21, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384- 5002; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and
WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.

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

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

SECTION 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

SECTION 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the Packet Pg. 330
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special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.

SECTION 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to CFD No. 2019-1 are valid and in conformity with the requirements of the Act.

SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto.

SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.

SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92410, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1.

SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on September 21, 2022, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on July 27, 2022 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1.

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(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on September 21, 2022. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on September 21, 2022, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office.

SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-___, 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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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 22 is currently comprised of 5 parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0150-471-04 1300 E Highland Ave LLC
0150-471-05 1300 E Highland Ave LLC
0150-471-06 1300 E Highland Ave LLC
0150-471-07 1300 E Highland Ave LLC
0150-471-08 1300 E Highland Ave LLC
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Community Facilities District No. 2019‐1 (Maintenance Services)

EXHIBIT B

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

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

A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the coststo the City, CFD No. 2019‐1, or any designee thereof associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.

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

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

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

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

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

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

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

TABLE 1

MAXIMUM SPECIAL TAX A RATES

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

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Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

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

TABLE 3

MAXIMUM SPECIAL TAX A RATES

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

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

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

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

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

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Packet Pg. 342
City of San Bernardino 8
Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c.   Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

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

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

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

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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

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

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Pg. 343
City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

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

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

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

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

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

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

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

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

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

APPENDIX A

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

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

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

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

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

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $847 $320
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Community Facilities District No. 2019‐1 (Maintenance Services)

TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP 17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022‐23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 To Be Determined
22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC

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

Packet Pg. 347
City of San Bernardino 13
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX B

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

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

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

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

APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Pg. 349
 
  
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EXHIBIT C

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 22
(September 21, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
1300 E Highland Ave LLC 4.63 5
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

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

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

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

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 21, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 21, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 352
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

CITY OF SAN BERNARDINO

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

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on August 3, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 22 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

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

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

Charles Brown
Authorized Signatory

Signature
Print Name
Title
Packet Pg. 353
Resolution No. 2022-195
Resolution 2022-
1 of 3
RESOLUTION NO. 2022-195

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA

DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 22)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a resolution calling a special election for September 21, 2022, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated September 21, 2022, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election;

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

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

SECTION 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code.

SECTION 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said Packet Pg. 354
Resolution No. 2022-___
Resolution 2022-
2 of 3
Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2022-171 adopted by the Mayor and City Council on August 3, 2022. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 22 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on August 4, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 51, in the office of the San Bernardino County Recorder.

SECTION 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory.

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

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

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 355
Resolution No. 2022-___
Resolution 2022-
3 of 3

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Genoveva Rocha, CMC, City Clerk
Packet Pg. 356

EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 22

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

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated July 27, 2022, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

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

Landowner
Qualified
Landowner Votes Votes Cast YES NO
1300 E Highland Ave LLC 5 5
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2022.

Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:

(Attach completed copies of Waiver/Consent and Ballot)
Packet Pg. 357
Ordinance No. MC-1594
1 ORDINANCE NO. MC-1594

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

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

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

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on September 21, 2022, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on Packet Pg. 358
Ordinance No. MC-____
2 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

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

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

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

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

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

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

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

John Valdivia, Mayor
City of San Bernardino
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Ordinance No. MC-____
3 Attest:

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

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

Genoveva Rocha, CMC, City Clerk
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EXHIBIT A

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

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

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

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EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of October 5, 2022)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21 7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 To Be Determined
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 To Be Determined
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18
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EXHIBIT II A II

LEGAL DESCRIPTION AFTER LOT MERGER
LOT 1:

THE SOUTH 1/2 OF LOT 2, IN BLOCK 10, ORANGE GROVE TRACT, WEST HIGHLANDS, IN THE

CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 11, PAGE 14, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THE WEST 70.08 FEET OF THE SOUTH 240 FEET OF THE SOUTH 1/2 OF LOT 2.

CONTAINING 184,220 SQ. FEET OR 4.229 ACRES OF LAND, MORE OR LESS.

ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.

Prepared under my supervision:

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1300 E Highland Ave LLC
Charles Brown April 27, 2022
Authorized Signatory
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Proof of Publication Place Holder –
Publication to occur prior to 9/1 – This will
be updated after receiving notice from
Clerk’s Office.

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Public Hearing
CFD No. 2019-1 Annexation No. 22:

TR 4592 (1300 E Highland Ave, LLC)
Presented by Alex Qishta, City Engineer
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Public Hearing on CFD 2019-1 Annexation No. 22
Recommended Action

1. CITY COUNCIL INITIATE ANNEXATION OF TERRITORY TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ("CFD NO. 2019-1" OR "CFD") BY TAKING THE FOLLOWING ACTIONS:

A. HOLD PUBLIC HEARING,
B. ADOPT A RESOLUTION CALLING THE ELECTION,
C. HOLD A SPECIAL LANDOWNER ELECTION AND CANVASS THE ELECTION, D. ADOPT A RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION; AND

2. UPON APPROVAL OF THE PRECEDING RESOLUTIONS, INTRODUCE AN ORDINANCE AMENDING ORDINANCE NO. MC-1522 AND LEVYING AND APPORTIONING THE SPECIAL TAX IN CFD NO. 2019-1 (AS IT NOW EXISTS AND WILL EXIST IN THE FUTURE); AND

3. SCHEDULE THE ADOPTION OF THE AMENDED ORDINANCE FOR OCTOBER 5, 2022.

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Public Hearing on CFD 2019-1 Annexation No. 22
Discussion
• The Property Owner, 1300 E. Highland Ave, LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
• The area proposed within Annexation No. 22 includes five parcels APNs 0151-471-04 thru 0151-471-08. The proposed development will consist of a self-storage facility. • On August 3, 2022, the City Council adopted Resolution No. 2022-171, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on September 21, 2022. The property owner consented to waiving certain time restriction and conduct the election the same night.

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Public Hearing on CFD 2019-1 Annexation No. 22
Discussion (Cont.)
• The proposed maximum annual tax of $847 per acre will be included in CFD No. 2019-1 as Tax Zone 23.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

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Public Hearing on CFD 2019-1 Annexation No. 22
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including streetlights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

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Project Location
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Public Hearing on CFD 2019-1 Annexation No. 22
Fiscal Impact
• It is anticipated that at build-out the total Special Tax revenues to pay for maintenance costs will be
approximately $3,518. All costs associated with the
annexation is borne by the Developer. There is no fiscal impact to the City’s General Fund.

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Questions?
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CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 22

PROJECT MAP
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: September 21, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Agency Director of Administrative Services Department: Human Resources
Subject: Ordinance Adjusting the Salary and Benefits for the Position of City Council Member
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Review and consider the information provided for adjusting the salary and benefits for the position of City Council Member, provide direction for modification, adopt the recommendation from the Elected Official Compensation Committee as presented, or receive and file; and

2. If decided by the Mayor and City Council, introduce, read by title only, and waive further reading of Ordinance No. MC-1595 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.020 of the San Bernardino Municipal Code to adjust the salary and benefits of the City Council Members as recommended by the Elected Official Compensation Advisory Commission.

Background
The San Bernardino City Charter establishes the authority for setting compensation of the Mayor and City Council Members. Specifically, City Charter Article III, Section 305 Packet Pg. 382
titled “Compensation; Expenses” states:
“Compensation for the Mayor and Council Members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position.

No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council Members elected at the next regular election.

The Mayor and Council Members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office.” The Mayor and City Council established the Elected Official Compensation Advisory Commission on February 21, 2018 (Ordinance MC-1463). The nine-member commission was tasked with serving in an advisory capacity to the Mayor and City Council in making recommendations relating to the compensation of city-elected officials. The commission conducts compensation surveys of city-elected officials in other California charter and/or general law cities, reviews Government Code provisions for compensation of city-elected officials and provides compensation recommendations to the Mayor and City Council pursuant to Section 305 of the City Charter. Recently, in response to direction from the City Council, the Elected Officials Compensation Advisory Commission was reactivated. The Elected Officials Compensation Advisory Commission has met (5) five times since October 2021 (October 13, 2021; November 10, 2021; November 30, 2021; January 10, 2022; and March 7, 2022).

Currently, the San Bernardino Municipal Code defines the compensation for both the Mayor and City Council Members. More specifically, the compensation for City Council Members, is noted in Section 2.82.020 of the San Bernardino Municipal Code (titled “Compensation of City Council Members”), which states:
“Commencing January 1, 2019, each City Council Member shall receive the following compensation:

A. Annual salary of $14,000;
B. Employer health benefits contribution equivalent to that offered by the City to management employees; and
C. An auto allowance of $500 per month.

The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the applicable City Council Member. Any City Council Member may waive all or any portion of her or his compensation. The compensation set forth herein is exclusive of any amounts payable to a City Council Member as per day compensation for City business-related travel and further exclusive of any amounts payable to a City Council Member for out-of-town attendance on City-related business.”
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Discussion
The Commission commenced on October 13, 2021, and reviewed the methodology previously used to establish elected official salaries in 2018. The Commission agreed to use the same 12 cities with part-time Council Members that were used in 2018.

Per the Commission’s October 13, 2021 directive, staff surveyed cities to gather additional information or verify the information available on their respective websites.

The salary and total compensation for City Council members is presented in Attachment A. Because most salaries are governed by Charter or Municipal Code, the salary increases were modest. The City of San Bernardino’s data includes the increases in benefits presented in the salary and benefits resolution for Management and Confidential employees approved at the November 3, 2021 City Council meeting.

The average annual salary for part-time City Council Members is $17,188, compared to San Bernardino’s Council pay of $14,000. As depicted in Exhibit B, the City of San Bernardino’s benefits exceed the average. As such, the City’s total compensation also exceeds the part-time City Council’s average.

As outlined in the City of San Bernardino Charter, the City Council has the authority to adjust the compensation package of elected officials including the position of City Council Member by ordinance following a public hearing, while giving due consideration to the recommendations of an advisory commission. At its March 7, 2022 meeting, the Elected Officials Compensation Advisory Commission recommended the following:

A. Annual Salary of $21,000
B. Employer health benefits contribution equivalent to that offered by the City to management employees;
C. An auto allowance of $725 per month;
D. $125 per meeting when acting as an official City Council representative, outside of regular Council Member duties, for attending any meeting at the request of City Council and on behalf of the City of San Bernardino. For example, acting as the City’s representative to the Water Board. Attendance at meetings in which the Council Member is not acting as a representative of the City Council shall not be compensated; and
E. Annual Cost of Living Adjustment (COLA) equivalent to that offered by the City to management employees.

The Commission recommended for the City Council Members annual salary to amount to $21,000, to align with the Cities of Fontana and Moreno Valley as they had similar population sizes to the City of San Bernardino. Both cities also offer additional monies to Council Members who attend specific meetings. Furthermore, the Commission emphasized the importance of compensating elected leaders at levels suitable to attract a diverse talent pool and to provide adequate compensation for this region while serving the City.

At present, the Mayor and City Council after discussing the survey results may consider Packet Pg. 384
whether to, and to what degree, the salary and benefits for the position of City Council Member as recommended by the Elected Official Compensation Advisory Commission. It is important to underscore that any salary and benefit adjustments would be effective on the date of commencement of Council Members elected at the next regular election.
2021-2025 Key Strategic Targets and Goals
Reviewing and discussing the salary of the City Council Members to appropriately reflect the duties of the office following the 2016 amendment of the City Charter aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community.

Fiscal Impact
There is no fiscal impact associated with preparing the salary survey and with the Mayor and City Council introducing and waiving further reading of Ordinance No. MC1595 Should Mayor and City Council elect to adopt the recommendation of the Commission without any changes, the fiscal impact would be approximately $40,000 in FY 2022/23 and $83,000 in FY 2023/24.

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

Attachments
Attachment 1 City Council Member Salary Data
Attachment 2 City Council Member Benefits Data
Attachment 3 Ordinance No. MC-1595
Ward
All Wards
Synopsis of Previous Council Actions
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October 3, 2018 Ordinance No. MC 1504 was adopted by the Mayor and City Council, establishing compensation and benefits for the cityelected officials.

September 19, 2018 Introduced for first reading Ordinance No. MC 1504 of the Mayor and City Council of the City of San Bernardino,
California, establishing compensation and benefits for the City-Elected officials.

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Agency General or
Charter City How is the City Council's Salary Determined? Annual Base Salary (Max) *Estimated
Employer Paid
Benefits Package
(Annual)
Estimated
Total Employer
Cost
(Salary & Benefits)
City Population
**Median
Household
Income
Public Pay 2020
1 Chino General Set by Ordinance No.2008-20 in accordance with Government Code 36516 Part 1 Section 4. MC 2.16.010. $ 15,372.00 $28,752.00 $ 44,124.00 91,403 $ 87,090.00 $ 40,340.00 2 Corona General Set by Ordinance No. 1738 in accordance with Government Code 36516 Part 1 Section 2e. MC 2.08.120. $ 9,600.00 $ 11,363.04 $ 20,963.04 157,136 $ 86,790.00 $ 9,893.00 3 Fontana General Set by Ordinance No.1571 in accordance with Government Code 36514 Part 1 Section 4. MC 2.39 - 2.41. $ 21,060.00 $ 26,469.96 $ 47,529.96 208,393 $ 80,800.00 $ 31,811.00 4 Moreno Valley General Set by Ordinance No.956 in accordance with Government Code 36516 Part 1 Section 4. MC 2.04.050. $ 21,144.00 $ 24,520.00 $ 45,664.00 208,634 $ 65,449.00 $ 38,995.00 5 Ontario General Set by Ordinance No. 3065 in accordance with Government Code 36516 Part 1 and Section 4. MC 2-1.203 & 2-1.204 $ 22,614.12 $ 25,989.24 $ 48,603.36 175,265 $ 75,266.00 $ 32,925.00 6 Pomona Charter
In accordance with Government Code Section 36516(a). Per Charter Sec. 404, salaries may also be increased each calendar year by an amount equal to the inflationary change listed in the Consumer Price Index (CPI-U) for the metropolitan Los Angeles-Anaheim-Riverside area published annually by the United States Bureau of Labor Statistics.
$ 9,828.00 $ 16,695.00 $ 26,523.00 151,713 $ 67,202.00 $ 19,163.00 7 Rancho Cucamonga General MC 2.16.030 in accordance with Government Code 36516 Part 1 Section 4. Salary Adjustment MC 2.16.040. $ 15,716.76 $ 13,200.00 $ 28,916.76 174,453 $ 92,773.00 $ 26,465.00 8 Redlands General Set by Ordinance No.1903 in accordance with Government Code 36516 Part 1 Section 2c. MC 2.12.040' MC 2.02030 $ 6,000.00 $ 10,800.00 $ 16,800.00 73,168 $ 72,410.00 $ 6,000.00 9 Rialto General Set by Ordinance No.1660 in accordance with Government Code 36516 Part 1 Section 4. M C 2.12.040 $ 23,051.52 $ 38,184.00 $ 61,235.52 104,026 $ 70,188.00 $ 36,811.00 10 Riverside Charter Set by Ordinance No. 7279. Per Charter, any increase may not exceed 5% of their existing salary every odd-numbered year. $ 41,376.00 $ 22,882.80 $ 64,258.80 314,998 $ 71,967.00 $ 49,717.00 11 Victorville Charter
Set by Ordinance No.2180. Per Ordinance No.2017 any increase may not exceed an amount equal to 5% for each calendar year from the operative date of the last adjustment. MC 2.16.020 & 2.16.030 $ 11,314.56 $ 12,600.00 $ 23,914.56 134,810 $ 60,391.00 $ 13,549.00 12 West Covina General Set by Ordinance No.1830 in accordance with Government Code 36516 Section 4. MC 2-23. $ 9,180.00 $ 2,700.00 $ 11,880.00 109,501 $ 82,135.00 $ 9,929.00 $ 17,188.08 $19,513.00 $36,701.08 158,625 $76,038.42 $26,299.83 City of San Bernardino Charter
Advisory Commission recommends compensation
and salaries must be established by Ordinance
after Public Hearing
$ 14,000.00 $ 26,688.00 $ 40,688.00 216,995 $ 49,721.00 $ 26,360.00 Survey 2021
*Total Estimated Employer Paid Benefits includes health contribution, auto allowance, cell phone allowance, & deferred compensation where applicable.

AVERAGE:

Part-Time City Council: Summary

ATTACHMENT A
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Basic Life
Accidental Death
&
Dismemberment
(AD&D) Short Term Long Term
1 City of Chino - General City $100,000 N/A N/A N/A
$1,776 for EE Only
$1,776 for EE+FAM Executive
$120/mo
or
$1,440/yr
and Excess employer health
contribution amount may roll
over into deferred comp.
$500/mo
or
$6,000/yr N/A Yes 4 years
401(a) City contributes $1
per pay period per
participating elected
official. $ 28,752
2 City of Corona - General City $50,000 $50,000 N/A N/A $473.46 for EE Only
$946.92 for EE+FAM Executive N/A N/A N/A Yes 4 years N/A $ 11,363 3 City of Fontana - General City $50,000 N/A N/A N/A
$2,105.83 for EE Only
$2,105.83 for EE+FAM N/A
$776.70/mo
or
$9,320.40/yr
If waive all benefits N/A
$100/mo
or
$1,200/yr Yes 4 years
- $50 per meeting for
Housing Stipend
- $100 per meeting for
Fire Protection District
Stipend $ 26,470
4 City of Moreno Valley - General City $50,000 N/A N/A N/A $1,500 for EE Only
$1,500 for EE+FAM Executive
Any excess employer health
contribution amount may roll
over into deferred comp.
$500/mo
or
$6,000/yr
$35/mo
or
$420/yr Yes 4 years
- $100 per meeting for
Community Services
District Stipend $ 24,520
5 City of Ontario - General City $106,000 $109,000
66 2/3% of
salary up to
$3,461.54/wk
100% of
premium;
$15,000/mo max
$1,990.77 for EE Only
$1,990.77 for EE+FAM Executive
Any excess employer health
contribution amount may roll
over into deferred comp. N/A
$175/mo
or
$2,100/yr Yes 4 years N/A $ 25,989
6 City of Pomona - Charter City $150,000 $150,000
66 2/3% of base
salary
66 2/3% of base
salary
$775 for EE Only
$775 for EE+FAM Executive
$616.25/mo
or
$7,395/yr
If waive all benefits N/A N/A Yes 4 years
Elected officials
reimbursed for actual
phone and car mileage. $ 16,695
7 City of Rancho Cucamonga - General City N/A N/A N/A N/A Cover 100% Dental &
Vision for EE+Fam
$900 for EEOnly
$900 for EE+Fam N/A N/A
$200/mo
or
$2,400/yr N/A Yes 4 years N/A $ 13,200
8 City of Redlands - General City N/A N/A N/A N/A
$900 for EE Only
$900 for EE+FAM N/A N/A N/A N/A Yes 4 years N/A $ 10,800 9 City of Rialto - General City $300,000 N/A 100% coverage 100% coverage Cover 100% medical &
dental + $300/yr towards
Vision for EE Only
Cover 100% medical &
dental for EE+FAM
($2,432.00 is the highest
carrier cost) Management
$750/mo
or
$9000/yr Option of City vehicle. Option of City cell phone. Yes 4 years $ 38,184 10 City of Riverside - Charter City
2x annual salary;
$700k max
2x annual salary;
$700k max N/A
60% of monthly
pay
$1,481.90 for EE Only
$1,481.90 for EE+FAM Executive
$75/mo
or
$900/yr
(Employee must contribute
$25/mo or $300/yr)
$350/mo
or
$4,200/yr N/A Yes 4 years N/A $ 22,883
11 City of Victorville - Charter City $10,000 N/A N/A N/A $900 for EE Only
$900 for EE+FAM Full-Time Miscellaneous N/A N/A
$150/mo
or
$1,800/yr Yes 4 years N/A $ 12,600
12 City of West Covina - General City $100,000 $100,000 N/A N/A Per 2018 Benefit
Resolution; no city
contribution Confidential N/A
$150/mo
or
$1800/yr N/A Yes 4 years
-$75 per meeting for
Community Development
Commission; not to
exceed $150/mo. $ 2,700
City of San Bernardino - Charter City $75,000 $75,000 N/A N/A $1,125 for EE Only
$1,724 for
EE+FAM
Management
Confidential
Excess health contribution
amount may roll over into
deferred comp.

If all benefits waived,
$3,500/yr ($291.67 per
month) will go into
deferred comp.
$500/mo
or
$6,000/yr Option of City Cell Yes 4 years N/A 26688
Survey 2021
Total
Deferred Compensation
Plan
(Monthly or Annually)
Car Allowance
(Monthly or Annually) Term Other
Eligible to
Enroll in
CalPERS?
(Yes/No)
Phone Allowance
Agency (Monthly or Annually)
Life Insurance Disability Employer's Health
Contribution
(Monthly)
EE = Employee
FAM = Family
*Employee Group
Employer's Health
Contribution Is Tied
To
City Council: Benefits

ATTACHMENT B
Packet Pg. 388
Ordinance No. 1595
ORDINANCE NO. MC-1595

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING SECTION 2.82.020 OF THE SAN

BERNARDINO MUNICIPAL CODE TO INCREASE CITY

COUNCIL MEMBER COMPENSATION
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, Section 305 of the San Bernardino Charter (“Charter”) states that the compensation for City Council Members shall be established by ordinance following a public hearing and after giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City elected officials; and WHEREAS, Section 305 of the Charter further states that no ordinance increasing salaries of City Council Members shall become effective until the date of commencement of the terms of Council Members elected at the next regular election; and WHEREAS, Section 305 of the Charter further states that City Council Members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office; and
WHEREAS, Section 2.82.020 of the San Bernardino Municipal Code currently identifies the kinds of compensation City Council Members are to receive; and WHEREAS, a nine-member Elected Official Compensation Advisory Commission (“Commission”), established by the Mayor and City Council on February 21, 2018, met five (5) times between October 2021 and March 2022; and
WHEREAS, the Commission reviewed the methodology previously used to establish elected official salaries in 2018 and reviewed salaries and benefits provided to part-time city council members from the same twelve (12) cities that were reviewed in 2018; and WHEREAS, the Commission recommended increased salary benefits in order to align itself with other local cities of similar population sizes and in order to attract a diverse talent pool and to provide adequate compensation for this region while serving the City; and WHEREAS, at its March 7, 2022 meeting, the Commission recommended that:
1) The City Council Member’s annual salary be increased from $14,000 to $21,000; 2) That City Council Members continue to receive employer health benefits contribution equivalent to that offered by the City to management employees; 3) That City Council Member’s auto allowance be increased from $500 to $725 per month; Packet Pg. 389
Ordinance No. ___
4) That City Council members receive $125 per meeting when acting as an official City Council representative, outside of regular Council Member duties, and for attending any meeting at the request of the City Council on behalf of the City of San Bernardino; and 5) That City Council Members receive an annual cost of living adjustment equivalent to that offered by the City to management employees.

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

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

SECTION 2. Section 2.82.020 of the San Bernardino Municipal Code is hereby amended, in its entirety, to state as follows:
“2.82.020 Compensation of City Council Members
Commencing January 1, 2023, each City Council member shall receive the following compensation:

A. Annual salary of $21,000;
B. Employer health benefits contribution equivalent to that offered by the City to management employees;
C. An auto allowance of $725 per month;
D. Having received advanced approval from the City Council, $125 per meeting when acting as an official City Council representative, outside of regular Council Member duties, and for attending any meeting at the request of the City Council on behalf of the City of San Bernardino; and
E. An annual cost of living adjustment equivalent to that offered by the City to management employees.

The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the applicable City Council member. Any City Council member may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to a City Council member as per day compensation for City business-related travel and further exclusive of any amounts payable to a City Council member for out of town attendance on City-related business.”
SECTION 3. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

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Ordinance No. ___
SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 6. Effective Date. This Ordinance shall take effect 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
Attest:

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

Sonia Carvalho, City Attorney
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Ordinance No. ___

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

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

Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 21, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Department: City Manager's Office
Subject: Violence Intervention Program: Grant Award, Budget, and Contract Amendment
Recommendation
Adopt Resolution No. 2022-203 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to receive and administer California Board of State and Community Corrections grant award of $3.8 million; authorizing the Agency Director of Administrative Services to increase the FY 2022/2023 adopted budget revenue and expenditures by $3,800,000.00; and authorizing the City Manager to execute a fourth amendment with Victory Outreach San Bernardino, doing business as HOPE Culture, Inc.

Background
On February 8, 2022, the City Manager’s Office prepared and submitted a capacity building proposal for the City’s community violence intervention program. On July 8, 2022, the City Manager’s office received award notification.

Program Summary
The Community Violence Intervention Program takes a public health approach to stopping shootings and homicides, focusing on interrupting violence and the transmission of norms that promote it. Using a multi-pronged approach to prevent shootings involving youth and young adults, the model relies on the use of culturally appropriate staff who respond to shootings to prevent retaliation and detect and resolve conflicts that are likely to lead to shootings. They develop relationships with high-risk individuals who are likely to engage in gun violence and link them with resources such as education and job training. Staff collaborates with neighborhood organizations and Packet Pg. 393
other community groups to organize neighborhood events and public education activities that promote a no-shooting message. The strategy aims to change behaviors, attitudes, and social norms directly related to gun violence.

The program aims to stop the spread of violence by using the methods and strategies associated with disease control:

1. Detecting and interrupting conflicts
Trained violence interrupters and outreach workers prevent shootings by identifying and mediating potentially lethal conflicts in the community and following up to ensure that the conflict does not reignite. a) Prevent Retaliations: Whenever a shooting happens, trained workers immediately work in the community and at the hospital to cool down emotions and prevent retaliations – working with the victims, friends and family of the victim, and anyone else who is connected with the event. b) Mediate Ongoing Conflicts: Workers identify ongoing conflicts by talking to key people in the community about ongoing disputes, recent arrests, recent prison releases, and other situations, using mediation techniques to resolve them peacefully.
c) Keep Conflicts ‘Cool’: Workers follow up with conflicts for as long as needed, sometimes for months, to ensure that the conflict does not become violent.

2. Identifying and treating the highest risk individuals Trained, culturally-appropriate outreach workers work with the highest risk individuals to make them less likely to commit violence by meeting them where they are at, talking to them about the costs of using violence, and helping them to obtain the social services they need – such as job training and drug treatment. a) Access Highest Risk: Workers utilize their trust with high-risk individuals to establish contact, develop relationships, and begin to work with the people most likely to be involved in violence.
b) Change Behaviors: Workers engage with high-risk individuals to convince them to reject the use of violence by discussing the costs and consequences of violence and teaching alternative responses to situations.
c) Provide Treatment: Workers develop a caseload of clients who they work with intensively – seeing several times a week and assisting with their needs such as drug treatment, employment, leaving gangs.

3. Mobilizing the community to change norms
Workers engage leaders in the community as well as community residents, local business owners, faith leaders, service providers, and the high risk, conveying the message that the residents, groups, and the community do not support the use of violence.
a) Respond to Every Shooting: Whenever a shooting occurs, workers organize a response where dozens of community members voice their Packet Pg. 394
objection to the shooting.
b) Organize Community: Workers coordinate with existing and established block clubs, tenant councils, and neighborhood associations to assist. c) Spread Positive Norms: Program distributes materials and hosts events to convey the message that violence is not acceptable.

Discussion
This multi-year award builds upon the City’s community violence intervention effort and enhances the program’s capacity to implement evidence-based street outreach strategy. Through the acceptance of this award, the City will have the resources to continue its multi-prong approach to violence reduction through June 30, 2025, and fulfill an equity recommendation for Community Violence Intervention frontline workers.

The program is designed to break the cycle of community violence citywide and improve outcomes for young people at risk of violence. The program intents to achieve its goals and objectives through evidence-based community violence intervention and street outreach; coordination of trauma informed, culturally relevant intervention and prevention services; individual and family case management services, and long-term transitional service plans for program participants.
2021-2025 Key Strategic Targets and Goals
Accepting the grant award, modifying budget, and approving an amendment aligns with Key Target No. 3: Improved Quality of Life. Having more hybrid professionals such as Street Outreach Workers-Case Managers increases the program’s ability to reach more residents impacted by violence.

Fiscal Impact
There is no financial impact to the General Fund with this recommendation. The FY 2022/23 adopted budget will be amended in both revenues and expenditures by $3,800,000
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2022-203 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to receive and administer California Board of State and Community Corrections grant award of $3.8 million; authorizing the Agency Director of Administrative Services to increase the FY 2022/2023 adopted budget revenue and expenditures by $3,800,000; and authorizing the City Manager to execute a fourth amendment with Victory Outreach San Bernardino, doing business as HOPE Culture, Inc.

Attachments
Attachment 1
Attachment 2
Attachment 3
Grant Award & Budget Modification Resolution 2022-203
HOPE Culture, Inc. 4th Contract Amendment HOPE Culture, Inc. 1st, 2nd, and 3rd, Amendments
Attachment 4 California State Standard Agreement
Packet Pg. 395
Attachment 5 PSA Victory Outreach
Ward
All Wards
Synopsis of Previous Council Actions:

February 21, 2018 The Mayor and City Council adopted Resolution No. 2018-39, authorizing the City Manager to receive and administer Board of State & Community Correction grant funds.

December 5, 2018 The Mayor and City Council approved community intervention professional service agreements.

January 15, 2020 The Mayor and City Council adopted Resolution No. 2020-03 authorizing the City Manager to prepare and submit funding proposal.

June 2, 2020 The Mayor and City Council approved first amendments to community intervention program contractors.

October 21, 2020 The Mayor and City Council adopted Resolution No. 2020- 251 authorizing the City Manager to receive and administer Board of State & Community Correction grant funds.

The Mayor and City Council also adopted resolution no. 2020- 252 approving second budget amendments to community
intervention professional service agreements.

October 6, 2021 The Mayor and City Council voted and approved motion to allocate One Million Dollars of American Rescue Plan Act funds and release a request for proposals to secure
three additional vendors.

June 1, 2022 The Mayor and City Council voted and approved American Rescue Plan Act professional services agreement contracts.

Packet Pg. 396
RESOLUTION NO. 2022-203

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO RECEIVE AND

ADMINISTER CALIFORNIA BOARD OF STATE AND
COMMUNITY CORRECTIONS GRANT AWARD OF $3.8
MILLION; AUTHORIZING THE CITY MANAGER TO

EXECUTE A FOURTH AMENDMENT TO AN

AGREEMENT WITH VICTORY OUTREACH SAN
BERNARDINO; AND AUTHORIZING THE AGENCY

DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND
THE FY 2022/2023 ADOPTED BUDGET REVENUE AND
EXPENDITURES BY $3,800,000
WHEREAS, the California Board of State and Community Corrections (BSCC) prepared and released the California Violence Intervention & Prevention Grant Program (CalVIP-4) request for proposals; and
WHEREAS, the Mayor and City Council of the City of San Bernardino authorized the City Manager’s office to prepare and submit a CalVIP-4 proposal in the amount of $3.8 million; and,
WHEREAS, the City of San Bernardino received notification it was awarded a multi-year $3.8 million grant award; and,
WHEREAS, the CalVIP-4 grant funds will be used for community-based organizations to implement data-driven, evidence-based violence reduction strategies and focus on the highest risk individuals.

NOW, THEREFORE, 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 of the City of San Bernardino hereby accepts the CalVIP-4 grant award in the amount of $3.8 million.

SECTION 3. The Mayor and City Council hereby authorize the City Manager to execute a fourth amendment to the agreement with Victory Outreach San Bernardino and execute any documents necessary to accept the CalVIP-4 grant award and meet the grant requirements, including but not limited to, the California Standard Grant Agreement as well as any subsequent amendments to said agreement.

Packet Pg. 397
Resolution No. ___
SECTION 4. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the FY 2022/23 adopted budget in both revenues and expenditures by $3,800,000.

SECTION 5. The City of San Bernardino agrees to ensure all matching funds required for the above grant are met, abide by the terms and conditions of the Standard Grant Agreement as set forth by the BSCC.

SECTION 6. 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 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 398
Resolution No. ___

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Genoveva Rocha, CMC, City Clerk
Packet Pg. 399
-1-

FOURTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

WITH VICTORY OUTREACH SAN BERNARDINO
This Fourth Amendment to the Agreement for Professional Services is made and entered into as of September 21, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Victory Outreach San Bernardino, a California non-profit corporation d/b/a HOPE Culture, Inc. (“Consultant”).

City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated November 15, 2018, for the purpose of providing services for the San Bernardino Violence Intervention Program (the “Original Agreement”).

B. WHEREAS, the City and the Consultant have entered into the First Amendment to the Original Agreement, dated July 15, 2020, for the purpose of extending the term of and increasing the not-to-exceed amount of the Original Agreement.

C. WHEREAS, the City and Consultant have entered into a Second Amendment to the Original Agreement, dated October 29, 2020 for the purpose of extending the term of and increasing the not-to-exceed amount of the Original Agreement.

D. WHEREAS, the City and Consultant have entered into a Third Amendment to the Original Agreement, dated April 6, 2022 for the purpose of increasing the not-toexceed amount of the Original Agreement.

E. WHEREAS, the Parties now desire to amend the Original Agreement in order to extend the term and include additional funds for the continued performance of the services in accordance with the compensation provisions of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Fourth Amendment and the Original 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 compensation for services performed pursuant to this Fourth Amendment shall not exceed Two Million Four Hundred Thousand Dollars ($2,400,000), thereby increasing the total not to exceed compensation of the Original Agreement to the amount of Three Million Seven Hundred Eighty Thousand Dollars ($3,780,000). Work shall be performed at the rates set forth in the Original Agreement.

Packet Pg. 400
-2-

3. Amendment to Section 6 of the Original Agreement. Section 6 of the Original Agreement is hereby amended to read as follows:
“6. Term. This Agreement shall commence on December 16, 2018, and continue through June 30, 2025 unless the Agreement is previously terminated as provided for herein (“Term”).”

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

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

6. Counterparts. This Fourth Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 401
-3-

SIGNATURE PAGE FOR

FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

WITH VICTORY OUTREACH SAN BERNARDINO
IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment 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

CONSULTANT

VICTORY OUTREACH SAN
BERNARDINO d/b/a HOPE CULTURE,
INC.

Signature
Name
Title
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Packet Pg. 403
Packet Pg. 404
Packet Pg. 405
Packet Pg. 406
Packet Pg. 407
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC85722 STANDARD AGREEMENT -AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 857- 22 BSCC-5227

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME
City of San Bernardino

2. The term of this Agreement is:

START DATE
JULY 1, 2022

THROUGH END DATE
DECEMBER 31, 2025

3. The maximum amount of this Agreement is:
$3,800,000.00

4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.

EXHIBITS TITLE PAGES
Exhibit A Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 3
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 4
Attachment 1* California Violence Intervention & Prevention Grant Request for Proposals * Attachment 2 CalVIP Grant Proposal 22
Appendix A CalVIP Executive Steering Committee 1
Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Program Funds 2 * This item is hereby incorporated by reference and can be viewed at: http://www.bscc.ca.gov/s_cpgpcalvipgrant/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of San Bernardino

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
290 North D Street San Bernardino CA 92336

PRINTED NAME OF PERSON SIGNING TITLE
Robert Field City Manager

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED


STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
RICARDO GOODRIDGE Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06 Packet Pg. 408
City of San Bernardino
BSCC 857-22

Page 1 of 3 ends

Mayor and City CouncilSeptember 21, 2022

Mayor and City Council
September 21, 2022