Mayor and City Council
September 21, 2022

EXHIBIT A: SCOPE OF WORK
Rev 04/2020

1. GRANT AGREEMENT – CALIFORNIA VIOLENCE AND INTERVENTION (CalVIP) GRANT This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and City of San Bernardino (hereafter referred to as the Grantee or Contractor).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The Fiscal Year 2021-22 State Budget includes funding in the amount of $209 million for the California Violence Intervention and Prevention (CalVIP) Grant Program, to be administered by the Board of State and Community Corrections (BSCC). California cities that are disproportionately impacted by violence and the community-based organizations that that serve the residents of those cities are eligible to apply for CalVIP grant funding.

The purpose of the CalVIP Grant is to improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly group-member involved homicides, shootings, and aggravated assaults (Penal Code Sec. 14131(b)).

B. Grantee agrees to administer the project in accordance with Attachment 1: CalVIP Request for Proposals (incorporated by reference) and Attachment 2: CalVIP Grant Proposal, which are attached hereto and made part of this agreement.

3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.

B. The Grantee’s project officials shall be those identified as follows:

Authorized Officer with legal authority to sign:

Name: Robert Field
Title: City Manager
Address: 290 North D Street, San Bernardino, CA 92401
Phone: (909) 384-5122
Designated Financial Officer authorized to receive warrants:

Name: Annie Clark
Title: Finance Analyst
Address: 201 North E Street, San Bernardino, CA 92401
Phone: (909) 384-7269
Email: [email protected]
Project Director authorized to administer the project:

Name: David Miranda
Title: Community Intervention Program Manager
Address: 290 North D Street, San Bernardino, CA 92401
Phone: (909) 384-5122
Email: [email protected]
C. Either party may change its project representatives upon written notice to the other party.

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EXHIBIT A: SCOPE OF WORK
Rev 04/2020
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.

4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: CalVIP Request for Proposals and Attachment 2: CalVIP Grant Proposal.

5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Quarterly Progress Report Periods Due no later than:

1. July 1, 2022 to September 30, 2022 November 15, 2022

2. October 1, 2022 to December 31, 2022 February 15, 2023

3. January 1, 2023 to March 31, 2023 May 15, 2023

4. April 1, 2023 to June 30, 2023 August 15, 2023

5. July 1, 2023 to September 30, 2023 November 15, 2023

6. October 1, 2023 to December 31, 2023 February 15, 2024

7. January 1, 2024 to March 31, 2024 May 15, 2024

8. April 1, 2024 to June 30, 2024 August 15, 2024

9. July 1, 2024 to September 30, 2024 November 15, 2024

10. October 1, 2024 to December 31, 2024 February 15, 2025

11. January 1, 2025 to March 31, 2025 May 15, 2025

12. April 1, 2025 to June 30, 2025 August 15, 2025
B. Evaluation Documents Due no later than:

1. Local Evaluation Plan January 3, 2023

2. Final Local Evaluation Report December 31, 2025
C. Other Due no later than:

Financial Audit Report December 31, 2025

6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.

B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project.

Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are also required for all subcontractors and consultants.

D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.

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EXHIBIT A: SCOPE OF WORK
Rev 04/2020
E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.

F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.

7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the CalVIP Executive Steering Committee (See Appendix A) from receiving funds from the CalVIP grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the CalVIP ESC membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the CalVIP ESC.

B. In cases of an actual conflict of interest with an ESC member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.

8. FINANCIAL AUDIT
Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term, December 31, 2025. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.

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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020

1. INVOICING AND PAYMENTS
A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Quarterly Invoicing Periods: Due no later than:

1. July 1, 2022 to September 30, 2022 November 15, 2022

2. October 1, 2022 to December 31, 2022 February 15, 2023

3. January 1, 2023 to March 31, 2023 May 15, 2023

4. April 1, 2023 to June 30, 2023 August 15, 2023

5. July 1, 2023 to September 30, 2023 November 15, 2023

6. October 1, 2023 to December 31, 2023 February 15, 2024

7. January 1, 2024 to March 31, 2024 May 15, 2024

8. April 1, 2024 to June 30, 2024 August 15, 2024

9. July 1, 2024 to September 30, 2024 November 15, 2024

10. October 1, 2024 to December 31, 2024 February 15, 2025

11. January 1, 2025 to March 31, 2025 May 15, 2025

12. April 1, 2025 to June 30, 2025 August 15, 2025
Final Invoicing Periods*: Due no later than:

13. July 1, 2025 to September 30, 2025 November 15, 2025

14. October 1, 2025 to December 31, 2025 February 15, 2026 *Note: Project activity period ends June 30, 2025. The period of July 1, 2025 to December 31, 2025 is for completion of Final Local Evaluation Report and financial audit only.

B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) and all obligated match contributions must be incurred by the end of the grant project period, June 30, 2025, and included on the invoice due August 15, 2025. Project expenditures incurred after June 30, 2025 will not be reimbursed.

C. The Final Local Evaluation Report is due to BSCC by December 31, 2025. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of July 1, 2025, to December 31, 2025, must be submitted during the Final Invoicing Period(s), with the final invoice due on February 15, 2026. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.

D. The financial audit is due to BSCC by December 31, 2025. Expenditures incurred for the completion of the financial audit during the period of July 1, 2025, to December 31, 2025, must be submitted during the Final Invoicing Periods, with the final invoice due on February 15, 2026.

Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.

D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.

E. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures. Grantees are required to maintain supporting documentation for all expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.

2. GRANT AMOUNT AND LIMITATION
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.

Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.

3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid through CalVIP funding generated from the General Fund. The Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted through the passage of Assembly Bill 129 (Statutes of 2021, Chapter 21), also known as the California Budget Act of 2021. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. If CalVIP funding is reduced or falls below estimates contained within the CalVIP Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2020 BSCC Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein.

To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

B. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.

C. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.

D. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in Packet Pg. 413
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.

5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and the financial audit.

C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.

7. PROJECT BUDGET
BSCC Budget Line Item
A.

Grant Funds
B.

Match
C.

Total (A+B)

1. Salaries and Benefits $0 $400,000 $400,000

2. Services and Supplies $0 $0 $0

3. Health and Wellness $0 $0 $0

4. Professional Services or Public
Agency Subcontracts $0 $0 $0

5. Non-Governmental Organization
(NGO) Subcontracts $3,400,000 $3,400,000 $6,800,000

6. Equipment/Fixed Assets $0 $0 $0

7. Project Evaluation $160,000 $0 $160,000

8. Financial Audit $25,000 $0 $25,000

9. Other (Travel, Training, etc.) $50,000 $0 $50,000

10. Indirect Costs $165,000 $0 $165,000
TOTALS $3,800,000 $3,800,000 $7,600,000
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic Packet Pg. 415
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
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information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective Packet Pg. 416
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual Packet Pg. 417
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020

1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.

B. Grantee is responsible for the performance of all project activities identified in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Grant Proposal.

C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.

C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.

B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the CalVIP RFP and described in Appendix B.

D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. 2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.

5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

B. Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term, December 31, 2025. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000
C. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.

6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

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City of San Bernardino
BSCC 857-22

EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of the original Proposal Package).

7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal.

8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal, or approved modifications;
3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.

B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.

9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days Packet Pg. 421
City of San Bernardino
BSCC 857-22

EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement. Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

9. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the following:

A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.

B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.

C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.

10. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.

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Note: The top table will auto-populate based on the information entered in the sections below.

Grant Funds Match Funds Total
$0 $400,000 $400,000
$0 $0 $0
$0 $0 $0
$0 $0 $0
$3,400,000 $3,400,000 $6,800,000
$0 $0 $0
$160,000 $0 $160,000
$25,000 $0 $25,000
$50,000 $0 $50,000

10. Indirect Costs $165,000 $0 $165,000
$3,800,000 $3,800,000 $7,600,000
Required match: 100%: no less than: $3,800,000
Grant Funds Match Funds Total
$0 $400,000 $400,000
$0 $400,000 $400,000
1b. Salaries and Benefits Narrative:

Grant Funds Match Funds Total
$0 $0 $0
$0 $0 $0
Description of Professional Service(s) Grant Funds Match Funds Total $0 $0
$0 $0
3b. Health and Wellness Narrative
Description of Professional Service(s) Grant Funds Match Funds Total $0 $0 $0
$0 $0 $0
Name and Title
David Miranda, Community Intervention Pro. Manager

3. Health and Wellness (must not exceed 5% of total match funds) 3a. Health and Wellness (must not exceed 5% of total match funds) Calculation for Expenditure

7. Project Evaluation (must be at least 5%, but no more than 10% of total grant funds) 1a. Salaries and Benefits

8. Financial Audit (must not exceed $25,000)
The City’s Community Intervention Program Manager will serve as the point of contact for the BSCC, CBOs, law enforcement partners in the City of San Bernardino and adjacent jurisdictions providing program & fiscal oversight. Program manager will convene community-based organizations and subgrantee(s) on a weekly basis to ensure new staff are hired and trained. In addition, Program Manager will oversee the day to day operations of program implementation and connect program staff to local schools, hospitals, and other service providers.

TOTAL
Calculation for Expenditure
TOTAL (must not exceed 5% of Total Match Funds)
Name of Applicant:

1. Salaries and Benefits

2. Services and Supplies

4. Professional Services or Public Agency Subcontracts

5. Non-Governmental Organization (NGO) Subcontracts

6. Equipment/Fixed Assets

9. Other (Travel, Training, etc.)
TOTAL
Description of Services or Supplies
Calculation for Expenditure
Budget Line Item
4a. Professional Services
2a. Services and Supplies
Enter narrative here. You may expand cell height if needed. 2b. Services and Supplies Narrative:
(Show as either % FTE or Hourly Rate) & Benefits
100%
TOTAL
2022 California Violence Intervention & Prevention (CalVIP) Grant - Project Budget and Budget Narrative Contract Term: July 1, 2022 - December 31, 2025
TOTAL
City of San Bernardino
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4b. Professional Services Narrative
Grant Funds Match Funds Total
$2,400,000 $400,000 $2,800,000
$0 $3,000,000 $3,000,000
$1,000,000 $0 $1,000,000
$0 $0 $0
$3,400,000 $3,400,000 $6,800,000
Description of Equipment/Fixed Asset Grant Funds Match Funds Total $0 $0 $0
$0 $0 $0
6b. Equipment/Fixed Assets Narrative
Grant Funds Match Funds Total
$190,000 $0 $190,000
$0 $0 $0
$190,000 $0 $190,000
7b. Project Evaluation Narrative:

Grant Funds Match Funds Total
$25,000 $0 $25,000
$0 $0 $0
$25,000 $0 $25,000
8b. Financial Audit Narrative:

TOTAL (must be at least 5%, but no more than 10% of Total Grant Funds) City will procure an experienced local evaluator to assist with planning, oversight, quarterly reporting activities, and final local evaluation report. $53,333.33 per year to cover the cost of Lead Investigator and one Assistant Investigator. Total project cost excluding cost for audit, indirect,training and travel: $3,160,000 / $53,333.33 x 3 years. (BSCC Formula not working) 5a. Non-Governmental Organizations (NGO) Subcontracts
Calculation for Expenditure
H.O.P.E. Culture
NGO VIP Contracts
NGO VIP Service Contracts
5b. Non-Governmental Organizations (NGO) Subcontracts Narrative 7a. Project Evaluation (must be at least 5%, but no more than 10% of total grant funds) Description
Total Project Coast for Local Evaluator 5% of $3,160,000 = $160,000 8a. Financial Audit (must not exceed $25,000 in Grant Funds) Description Calculation for Expense
R.A.M.S CPA Services $8,330 per year for 3 years
Description of Subcontract
1 NGO @ $333,333.00 a year x 3 years
RAMS CPA will conduct single program audit for three years. It is estimated to cost $7,000 - $9,000 per year.

TOTAL (must not exceed $25,000 in Grant Funds)
Calculation for Expense
TOTAL
Enter narrative here. You may expand cell height if needed.

PERSONNEL COSTS & PAYROLL TAXES: $1,838,448.00
H.O.P.E. Culture seeks to expand their Violence Intervention / Prevention Program by increasing 7 current employees' pay rate to match the current living wage. In addition, current part time employees will increase to full time. 8 new hires will be brought on as part of this expansion - 6 full time Community Intervention Workers / Case Managers and 2 part time. All staff will be considered an employee and as such payroll taxes will be included in proposed costs. Total of 15 Staff.

CONTRACTUAL SERVICES: $58,200.00 MATCH FUNDS: $180,000.00 H.O.P.E. Culture will be contracting service for accountant support for corporate tax accounting to ensure all our books are in compliance with the city and state. We will also seek vendors to provide our clients with services such as; personal development programs, parenting classes, health and wellness programs, social, psychological, spiritual, financial and educational programs.

OTHER COSTS: $112,110.00
Included in this section is the cost to cover internet and phone services at Site 2. Each staff member will receive a phone stipend as some work in the field. Program supplies will be needed to continue general operations.

CAPITAL COSTS: $107,300.00 MATCH FUNDS: $216,000.00 Facility costs will include rent for 2 sites: Site 1- 990 W. Mill Street, San Bernardino CA 92410 Site 2- 1530 E. Date Street, San Bernardino CA 92404. These areas have been known to be hot zones for violence and are in need of intervention services. Equipment purchases include: desks, tables, chairs, laptops, printers for staff and clients.

PARTICIPANT RELATED COSTS: $100,097.20 MATCH FUNDS: $4,000.00 Funding described as participant related costs will consist of community engagements which are vital in building relationships with the target individuals. Our proactive engagements will vary from the resources offered. Our clients will be offered services according to their individual service plans. These services may include but are not limited to relocation services, work ready documents, job preparedness, job placement, class fees, transportation costs, incentives, food gift cards, etc. Our goal is to help assist our clients in creating pathways to prevent recidivism.

INDIRECT COSTS: $183,844.80
H.O.P.E Culture will provide administrative oversight of the VIP program accounting; bookkeeping, check writing, bank reconciliation, report generating and general maintenance of the account. Indirect costs will be charged as 10% of total direct salaries and wages. HOPE Total Grant Funds: $2,400,000.00 for three years . The Addional $1,000,000.00 of grant funds will be utilized to support addtional NGO VIP contracts to support a summer violence reduction stratey at three parks a year for three years. $111,111 per site x 3 = $333,333 x 3 years Summer/Fall 2022, Summer 2023 & 2024, and Spring 2025.

As match the City will issue three additional VIP service contracts contriubting towards this project for a total of $3,000,000.00 throughout the grant cycle. 1 NGO VIP Contract for 3 years
3 NGOs @ $1 Million per NGO x 3 years
TOTAL
6a. Equipment/Fixed Assets
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Grant Funds Match Funds Total
$40,000 $0 $40,000
$10,000 $0 $10,000
$0 $0 $0
$50,000 $0 $50,000
9b. Other (Travel, Training, etc.) Narrative:

Grant Funds Match Funds Total
$0 $0 $0
$0
$0 $0 $0
$182,000
$0 $0 $0
10b. Indirect Costs Narrative:

Regardless of which option is chosen, if the amount entered in the Grant Funds column turns red, adjust it to not exceed the maximum noted just below it: TOTAL
Indirect costs may be charged to grant funds by choosing either Option 1) or 2) listed below:

Travel: Mandatory Meetings to BSCC CalVIP-4 grantee meetings, rates to be deterrmined. Training: Grantee will secure a advance training for program staff. Rates subject to change.

If using Option 1) grant funds allocated to Indirect Costs may not exceed:

If using Option 2) grant funds allocated to Indirect Costs may not exceed:
2) Indirect costs will be charged as 5% of direct total direct project costs (excluding equipment):
1) Indirect costs will be charged as 10% of total direct salaries and wages:

Air Fair, Hotel, Per Diem for 2 staff x 2 meetings
10a. Indirect Costs
Description
Case Management Training
Required Set-aside for BSCC Grantee Meetings
Calculation for Expense
TOTAL
Two sessions at $20,000 for a total
The city will use option 2 to calculate indirect cost rate at less than 5% of total direct project cost for a total of $165,000. 9a. Other (Travel, Training, etc.)
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City of San Bernardino
BSCC 875-22

APPENDIX A: CalVIP EXECUTIVE STEERING COMMITTEE ROSTER
CalVIP Executive Steering Committee - Grant Cycle from July 1, 2022 to December 31, 2025 Name Title & Organizational Affiliation From
1 Chief Andy Mills, Chair Chief of Police, City of Palm Springs & Board Member, BSCC Palm Springs
2 Stephen Lindley Teacher, Lee V. Pollard High School San Diego 3 Tina Curiel-Allen Cal Crew Program Manager, Five Keys Central Valley 4 Natasha Mejia Policy Analyst, National Institute for
Criminal Justice Reform Oakland
5 Tina Rodriguez Statewide Manager, Californians for Safety and Justice Central Valley
6 Mike McLively Senior Staff Attorney, Gifford Law Center to Prevent Gun Violence San Francisco
7 Gaynorann Siataga Community Advocate, All Islanders Gather as One San Francisco
8 Saun Hough CA Partnership Manager, Californians for
Safety and Justice Los Angeles
9 Mark Slaughter Supervising Attorney, Sacramento County Public Defender’s Office Sacramento
10 Jackie Reed CEO, Women Initiating Success Envisioned Inc. San Diego
11 Jessie Leavitt
Policy Analyst, State Bar of California &
Senior corporate Counsel, NetScout
Systems, Inc.

Oakland
12 Tim Kornegay Director, LiveFree California Los Angeles 13 Mary Roberts State of CA Retiree, Administrative Office of the Courts Oakland
14 Mona Cadena Advocacy Director, Equal Justice USA San Francisco 15 Amir Chapel Policy Analyst, National Institute for
Criminal Justice Reform Marina
16 Keith Baker Research Analyst/Co-Leader, Los Angeles
County Department of Public Health Los Angeles
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City of San Bernardino
BSCC 857-22

APPENDIX B: Criteria for Non-Governmental Organizations Receiving BSCC Funds The California Violence Intervention and Prevention (CalVIP) Grant Program Request for Proposals (RFP) includes requirements that apply to non-governmental organizations that receive funds under this grant. All grantees are responsible for ensuring that any contracted third parties continually meet these requirements as a condition of receiving CalVIP funds. The RFP describes these requirements as follows:

Any non-governmental organization that receives CalVIP grant funds (as either subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the CalVIP grantee;
• Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee-subcontractor fiscal agreement;
• Be a nonprofit and recognized by the Internal Revenue Service as a 501(c)(3) organization;
• Employ persons or volunteers that have a minimum of three (3) years of combined experience in implementing violence reduction strategies and have implemented these strategies within the past five (5) years;
• Be registered with the California Secretary of State’s Office; • Have an Employer Identification Number (EIN);
• Have a valid business license, if applicable;
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
• Have a physical address in the State of California. (An agent for service of process with a California address is insufficient.)
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City of San Bernardino
BSCC 857-22

Provide your agency name and in the table list information for all contracted parties.

Grantee:

Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the 2021 CalVIP RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.

Unless prior approval is obtained, the BSCC prohibits disbursement or reimbursement to any NGO that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS

SIGNATURE DATE
X
Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
X
Robert D. Field City Manager 909-384-5122
290 North D Street San Bernardino CA 92336
[email protected]
990 West Mill Street HOPE Culture, Inc San Bernardino, CA 92410 [email protected]
909-449-7357
13515 PARAMOUNT BOULEVARD Southern California Crossroads SOUTH GATE, CA 90280 Packet Pg. 447
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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
By: Valerie Montoya, Council Administrative Assistant
Department: Council Office
Subject: City Board, Commission, and Citizen Advisory Committee Minutes Approved in July & August 2022
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City’s boards, commissions, and citizen advisory committees’ meetings approved in July and August 2022.

Background
On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council.

Discussion
In keeping with the reporting requirements established in Municipal Code Chapter

2.17.080 the minutes for the boards, commissions and citizen advisory committees’ meetings approved in July and August 2022 are presented for review by the Mayor and City Council including the:

1. Animal Control Commission - July 13, 2022

2. General Plan Advisory Committee - August 11, 2022
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3. Planning Commission - July 12, 2022

4. Water Board - June 28, 2022; July 26, 2022
2021-2025 Key Strategic Targets and Goals
Providing the agendas and minutes from each of the City’s Boards, Commissions and Citizen Advisory Committees to the Mayor and City Council is in alignment with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City’s boards, commissions, and citizen advisory committees’ meetings approved in July and August 2022.

Attachments
Attachment 1 City Board, Commission and Citizen Advisory Committee Meeting minutes approved in July and August 2022
Ward
All Wards
Synopsis of Previous Council Actions
February 7, 2018 Mayor and City Council adopted general provisions for the City’s boards, commissions, and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting
minutes to be provided to the Mayor and City Council.

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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; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department: Community & Economic Development (CED)
Subject: American Rescue Plan Act-Funded Small Business and Non-Profit Training and Grant Program
Recommendation
Receive as filed and provide staff direction with program implementation.

Background
The City of San Bernardino was awarded $77 million under the American Rescue Plan Act (ARPA). The City received $38.5 million in May 2021, with the remainder of the funds to be received in 2022. Treasury issued the final ARPA guidance for the use of the funds on January 6, 2022, providing clarification on allowable investments, but generally not expanding the list of eligible projects and programs. The City is working within the guidance, focusing on investments in Qualified Census Tracts (QCTs) and other priority investments.

Within the allowable investments includes assistance for small businesses and/or nonprofits that can demonstrate a negative impact from COVID-19. In February 2022, Council requested that staff evaluate a small business/non-profit grant program. At the February 2, 2022, Council Meeting, Council unanimously approved Resolution No. 2022-26 allocating $5,000,000, for the Small Business and Non-Profit Assistance Grant Program with $1,000,000 being allocated to an educational resource center for small business owners, $1,000,000 million allocated to fund Aspen Institute Initiatives and, $3,000,000 for grant program funding.

Discussion
Small Business and Non-Profit Assistance. Providing assistance to small businesses Packet Pg. 498
and non-profits that can demonstrate a negative impact from the COVID-19 pandemic is specifically allowed under the ARPA Treasury guidelines and is a priority of Council.

The guidelines provide foundational criteria for such a program, which can be viewed in Agenda Item 8727 from Council meeting February 2, 2022. Council may develop a more restrictive, but not less restrictive, definition for the program.

City staff received and took Council’s direction to develop a small business and nonprofit grant assistance program for San Bernardino based organizations. In collaboration with the Inland Empire Small Business Development Center (SBDC), staff crafted a framework for grant assistance to businesses and organizations that were negatively impacted by COVID-19 or are qualified as an “underserved small business group.” In order to promote the greatest small business and non-profit support, the program requires applicants to participate in business training offered by SBDC. Attached is the full program proposal, “Proposed Framework for Business and Nonprofits Grants” memo (Attachment 1) and the “City of San Bernardino Small Business and Nonprofit Training and Grant Guidelines,” (Attachment 2).

The Training and Grant Program will provide training and funding to small businesses and non-profits needing financial assistance in overcoming the loss of revenue due to the COVID-19 pandemic. All eligible businesses and non-profits are invited to apply.

Businesses or non-profits which have previously received alternative sources of funding such as the Economic Injury Disaster Loan (EIDL), Paycheck Protection Program (PPP) Loan, State, or County of San Bernardino grants are eligible to apply. The program is based on the availability of funds, program guidelines and submission of all required information and supporting documentation. Small businesses, including home-based businesses, with a maximum of five hundred (500) employees (full and part-time) and non-profits including 501(c)3 or 501(c)19 with a principal office located within the City of San Bernardino and operating since at least July 2019 may be eligible to receive a working capital grant after attending mandatory training sessions for a full SBDC program (approximately 10 hours) and one (1) mandatory one-on-one consulting session. Additionally, the grant may be used for working capital to cover the day-to-day business operating expenses such as rent/lease payments, mortgage payments, payroll and benefit costs, utility expenses, inventory, Personal Protection Equipment (PPE) or other similar expenses that occur in the ordinary course of operations.
2021-2025 Strategic Targets and Goals
The use of the American Rescue Plan Funds as outlined aligns with Key Target No.

3. Improved Quality of Life by investing in projects and services that positively impact health, access to shelter and services, and improve the outdoor and built environment in the San Bernardino community; and Key Target No. 4. Economic Growth and Development by investing in economic development of local San Bernardino-based businesses.

Fiscal Impact
There is no General Fund fiscal impact associated with the use of American Rescue Packet Pg. 499
Plan funds.

Conclusion
Receive as filed and provide staff direction with program implementation.

Attachments
Attachment 1 Memo: Proposed Framework for Business and
Nonprofits Grants
Attachment 2 City of San Bernardino Small Business and
Nonprofit Training and Grant Guidelines
Attachment 3 City of San Bernardino Small Business and
Nonprofit Training and Grant Powerpoint
Ward
All Wards
Synopsis of Previous Council Actions
August 4, 2021 Mayor and City Council received a report and discussed the allocation of American Rescue Plan funds.

October 20, 2021 Mayor and Council committed American Rescue Plan funds to eligible projects and programs, and amended the 2021/22 Budget by $8,160,000. Resolution 2021-247
February 2, 2022 Mayor and Council committed American Rescue Plan funds to eligible projects and programs. Resolution 2022-26.

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290 North D St, San Bernardino, CA 92401 | P: 909-384-5242 | F: 909-384-5043 | www.SBCity.org September 21, 2022
To: City of San Bernardino, City Council
From: Amanda Hernandez, Economic Development Manager
Re: Proposed American Rescue Plan Act-Funded Small Business and Non-Profit Training and Grant Program Framework
The City of San Bernardino, in collaboration with the Inland Empire Small Business Development Center (SBDC), is prepared to implement the Small Business and Non-Profit Training and Grant Program with Council’s approval. Businesses and non-profits will soon have access to grant funding for their San Bernardino business.

The Inland Empire Small Business Development Center (SBDC) provides a vast array of technical assistance to small businesses and aspiring entrepreneurs. This includes no cost, extensive, one-on-one, long-term professional business advising, low-cost training and other specialized services. Beyond its core services, the Inland Empire SBDC provides specialized assistance in: QuickBooks, franchise and service-based operations, government contracting, website search engine optimization and securing funding from both traditional and nontraditional sources.

SBDC, located at California State University, San Bernardino, is equipped to manage the application process for the Small Business and Non-Profit Assistance Grant Program and has provided this service for other agencies, such as Buena Park and Anaheim. SBDC or SBDC partners, such as Small Business Majority, will provide required training programs for applicants to establish eligibility. The SBDC will develop and manage the online portal for application submission. The online portal will support submission electronically in English and Spanish. The online portal is hosted on a secure server where any application data can only be accessed with login credentials residing with the SBDC. Any additional documentation required from business owners can also be submitted via the online portal or via a secure, SBDC file transfer service.

Marketing and Outreach
The City of San Bernardino and the SBDC will create marketing and outreach pieces to promote the Small Business and Non-Profit Assistance Grant Program. The goal will be to alert small businesses and non-profits throughout the City about the grant program and bring awareness to Packet Pg. 501
290 North D St, San Bernardino, CA 92401 | P: 909-384-5242 | F: 909-384-5043 | www.SBCity.org those small businesses that may be in need of this capital to survive. The SBDC will build all marketing and informational collateral in English and Spanish in order to promote and educate small businesses throughout the City. Outreach and marketing will include promotion of program on the City’s website, social media, and webinars to announce the program and kick off the application period.

An SBDC sample landing and application page can be found at:
https://ociesmallbusiness.org/buena-park/.

Reporting
One of the unique abilities that the Inland Empire SBDC Network has is a database collection system called Neoserra that allows each client to be tracked, monitored, and measured throughout their time using SBDC services. The system will track every seminar or workshop attended, including each consulting session that the client completes with a business advisor along with the notes of what happened in the meeting. Vital demographics including type of industry, veteran status, address, type of formation and more are inputted into the system.

Neoserra is also used to track the metrics of each client including the following metrics: start of business, change in sales, capital infused into business including both debt and equity, jobs created, and jobs retained. The tracking system will allow the SBDC Network to produce accurate reports and success stories for the City of San Bernardino to use moving forward.

Continued Support from the SBDC
The SBDC will continue to consult and train all awarded small business owners, including those that were denied funding, during the life of their business. The network has more than 100 business consultants that will work with each applicant one-on-one, all at no cost to the business owner. The SBDC receives funding from the Federal government and the State of California, to be able to deliver services to the business owners throughout the region. To view the programs offered by SBDC, visit: https://ociesmallbusiness.org/programs/.

Grant Guidelines
Full grant guidelines can be viewed in the “City of San Bernardino Small Business and Nonprofit Training and Grant Guidelines” document.

Eligibility
The business or non-profit applicant must meet the following minimum requirements to be considered for grant funding:
1) The business or non-profit must be physically located in the City of San Bernardino; 2) Be a “small business” defined as having fewer than 500 employees, OR be a “homebased business,” OR be a “non-profit;” Packet Pg. 502
City of San Bernardino | Proposed Small Business and Non-Profit Assistance Grant Program Framework Page 3 of 6 a) If a “non-profit,” must be a 501(c)3 or 501(c)19 with a principal office located within the City of San Bernardino and operating since at least July 2019. The Applicant acknowledges and agrees that if the Applicant receives a grant and the Applicant’s organization ceases to operate, the Applicant may be subject to return of all or any portion of such grant.
3) Residential or real estate projects including short-term rental operators are not eligible; 4) Have an active San Bernardino Business License and/or Home Occupation Permit at the time of the application;
5) The business or non-profit must be in good standing with the City (current on bills, no liens or judgements, etc.), unless directly correlated to COVID-19 impacts; 6) The business or non-profit must not be suspended or debarred or otherwise excluded from receiving Federal funding;
7) The business or non-profit must complete the required training; 8) The business or non-profit must submit the application and all required supporting documentation; and
9) The business or non-profit applicant must certify that it was negatively impacted by the COVID-19 pandemic. Examples of a business being negatively affected by the pandemic include, but are not limited to:
a) A decrease of 25% or greater in sales.
b) The business has had to lay off at least one of its employees (Full or Part time). c) One or more of the employees in the business have contracted COVID-19, while at work.
d) Qualified as an “underserved small business group” (if this is satisfactorily met, no other hardship must be provided).
i) Women, minorities (people of color), veteran-owned business where the majority (at least 51%) of the business is owned and run on a daily basis by said group(s)
ii) Businesses operating in “low-to-moderate income (LMI)” or “qualified census tract” communities
(1) “Low-to-Moderate Income (LMI)” or “qualified census tract” means any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50% of households have an income less than 60 percent of the Area Median Gross Income (AMGI), or which has a poverty rate of at least 25%.
* City employees and elected and appointed officials are not eligible to participate in this program.

Grant Award
• For Profit - $10,000 - $35,000

ELIGIBLE BUSINESS GROSS
REVENUE (2019, 2020, or 2021 taxable
year)

GRANT AWARD AVAILABLE PER

BUSINESS
Annual gross revenue $50,000 to
$100,000
$10,000
Packet Pg. 503
City of San Bernardino | Proposed Small Business and Non-Profit Assistance Grant Program Framework Page 4 of 6 Annual gross revenue greater than
$100,000 up to $1,000,000
$25,000
Annual gross revenue greater than
$1,000,000 up to $2,500,000
$35,000
• Non-Profit - $10,000 - $35,000

ELIGIBLE NON-PROFIT GROSS
REVENUE (2019, 2020, or 2021 taxable
year)

GRANT AWARD AVAILABLE PER

NON-PROFIT
Annual gross revenue greater than
$100,000 up to $250,000
$10,000
Annual gross revenue greater than
$250,000 up to $500,000
$15,000
Annual gross revenue greater than
$500,000 up to $1,000,000
$25,000
Annual gross revenue greater than
$1,000,000
$35,000
Application/Documentation Requirements
The pre-application will require information about the small business, including but not limited to, the number of employees, location, and identification of an owners. The pre-application requires applicants to acknowledge and self-certify program requirements and documentation should they be selected to proceed in the application process. Applicants must complete training hours during the pre-application phase. Additional documentation will be requested following successful completion of the training program to complete the application and move forward to the pre-award underwriting phase.

Grant Qualification/Evaluation Criteria
In addition to the complete grant application, applications that have been confirmed to advance to the pre-award underwriting phase shall be required to submit necessary documentation and will be further evaluated to determine program qualification based on the following criteria:

1. Completeness of application

2. Eligibility of the applicant

3. Impact on business from coronavirus:
a. A decrease of 25% or greater in sales
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City of San Bernardino | Proposed Small Business and Non-Profit Assistance Grant Program Framework Page 5 of 6 b. The business has had to lay off at least one of its employees (Full or Part time). c. One or more of the employees in the business have contracted COVID-19, while at work
d. Qualified as an “underserved small business group” (if this is satisfactorily met, no other hardship must be provided)
i. Women, minorities (people of color), veteran-owned business where the majority (at least 51%) of the business is owned and run on a daily basis by said group(s)
ii. Businesses operating in “low-to-moderate income (LMI)” or “qualified census tract” communities

1. “Low-to-Moderate Income (LMI)” or “qualified census tract” means any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50% of households have an income less than 60 percent of the Area Median Gross Income (AMGI), or which has a poverty rate of at least 25%.

Review and Approval Process
Grants for businesses and non-profits will be distributed on a first come, first serve basis, subject to program funding availability and completeness of applications, including completion of training requirement.

The business and non-profit grant application will be available in English and Spanish starting at 9:00 am on Monday, October 10, 2022. Applicants must apply for the grant program by visiting www.sbcity.gov and submitting the application online through the SBDC portal.

Applications from small businesses must be submitted online and will be accepted starting at 9:00 am, Monday, October 10, 2022, with first-come, first-serve priority until Monday, December 12, 2022.

Applications from non-profits must be submitted online and will be accepted starting at 9:00 am, Monday, October 10, 2022, with first-come, first-serve priority until Monday, November 21, 2022.

Upon City staff approval, a grant will be initiated. City staff will notify the applicant that they have been approved and will soon receive the grant. Only one grant will be issued per applicant, per person, per business. From time award decision is approved, the City has 60 business days to complete payment through designated payment method.

City Reserved Rights
The City reserves the unqualified right, in its sole and absolute discretion at any time: (1) to amend or terminate this program with no recourse for any proposing applicant; (2) to choose or reject any or all applications received in response to this program; (3) to modify the application deadlines; (4) to request additional information of the applicants as deemed necessary and Packet Pg. 505
City of San Bernardino | Proposed Small Business and Non-Profit Assistance Grant Program Framework Page 6 of 6 appropriate by the City; (5) to conduct further due diligence with applicants or any third party; (6) to modify the City's objectives or the scope of the program; (7) to modify program requirements, general terms and conditions, or eligible activities; and/or (8) to disqualify any proposing applicant on the basis of any real or perceived conflict of interest that is disclosed or revealed by materials submitted or by any data available to the City.

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San Bernardino American Rescue Plan
Act (ARPA) Program
COVID-19 Related
Small Business & Non-Profit
Training & Grant Program
Guidelines
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City of San Bernardino
Small Business & Non-Profit Training & Grant Program September 21, 2022

Program Overview
About the Program
As part of the American Rescue Plan Act (ARPA) initiative, the City of San Bernardino (the City) has partnered with the Inland Empire Small Business Development Center (SBDC) to offer the Small Business & Non-Profit Training & Grant Program. The Training & Grant Program will provide training and funding to small businesses and non-profits needing financial assistance in overcoming the loss of revenue due to the COVID-19 pandemic. All eligible businesses and nonprofits are invited to apply. Businesses or non-profits which have previously received alternative sources of funding such as the Economic Injury Disaster Loan (EIDL), Paycheck Protection Program (PPP) Loan, State, or County of San Bernardino grants are eligible to apply. The program is based on the availability of funds, program guidelines and submission of all required information and supporting documentation. Small businesses, including home-based businesses, with a maximum of five hundred (500) employees (full and part-time) and non-profits including 501(c)3 or 501(c)19 with a principal office located within the City of San Bernardino and operating since at least July 2019 may be eligible to receive a working capital grant after attending mandatory training sessions for a full SBDC program (approximately 10 hours) and one (1) mandatory oneon-one consulting session. The grant may be used for working capital to cover the day-to-day business operating expenses such as rent/lease payments, mortgage payments, payroll and benefit costs, utility expenses, inventory, Personal Protection Equipment (PPE) or other similar expenses that occur in the ordinary course of operations.

Funding Availability
In May 2021, the U.S. Department of Treasury allocated funds from the American Rescue Plan Act of 2021 (ARPA) to the City of San Bernardino for COVID-19 response, relief, and reinvestment. The City is allocating up to three million dollars ($3,000,000) for the Small Business & Non-Profit Training & Grant Program. These funds are to be used to mitigate financial hardship caused by declines in revenues due to the COVID-19 public health emergency.

The City’s Economic Development Department will be responsible for oversight of the Training & Grant Program and disbursement of funds will take place through the City’s Finance Department.

The City’s Program Partner, the SBDC, will be responsible for program administration, application processing, training, one-on-one consulting, and for review and approval of financial and business documentation for disbursement approval. City staff is obligated to fulfill the terms and conditions of the funds as established by the City Council, these program guidelines, and Federal, State, and local rules and regulations.

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City of San Bernardino
Small Business & Non-Profit Training & Grant Program September 21, 2022

Grant Award
• For Profit - $10,000 - $35,000

ELIGIBLE BUSINESS GROSS
REVENUE (2019, 2020, or 2021 taxable
year)

GRANT AWARD AVAILABLE PER

BUSINESS
Annual gross revenue $50,000 to
$100,000
$10,000
Annual gross revenue greater than
$100,000 up to $1,000,000
$25,000
Annual gross revenue greater than
$1,000,000 up to $2,500,000
$35,000
• Non-Profit - $10,000 - $35,000

ELIGIBLE NON-PROFIT GROSS
REVENUE (2019, 2020, or 2021 taxable
year)

GRANT AWARD AVAILABLE PER

NON-PROFIT
Annual gross revenue greater than
$100,000 up to $250,000
$10,000
Annual gross revenue greater than
$250,000 up to $500,000
$15,000
Annual gross revenue greater than
$500,000 up to $1,000,000
$25,000
Annual gross revenue greater than
$1,000,000
$35,000
Program Description
The Training & Grant Program, under SBDC’s leadership and training, is aimed at assisting small businesses and non-profits with driving their organizations to the next level. During the training period, business owners will work on putting together their path towards growth as they evaluate and develop on their metrics, benchmarks, teams, financials, triggers, and strategies to reach the next level of growth. Trainees will learn how to de-risk expansion and get involved in proactive growth.

The biggest obstacles in growing a business include:
- Intelligent Planning
- Cash
- People
- Customers
Categories of growth include:
- New Revenue Streams
- Entering New Market Segments/Expanding Customer Base
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City of San Bernardino
Small Business & Non-Profit Training & Grant Program September 21, 2022

- Expanding Team
- Acquiring New Technology/Equipment
- Adding Strategic Partners
- New/Additional Location
- Mergers and Acquisitions
Program Structure:
● Completion of one (1) mandatory SBDC training program within ninety (90) days of application submission in the SBDC portal. In the event an applicant misses one of the mandatory training sessions, they can make it up by scheduling an additional 1:1 consultation meeting with their SBDC consultant. If an applicant misses two (2) or more mandatory training sessions, they will not be eligible to receive the grant. If a business does not have a license or permit, the applicant must take “SBDC Start” which offers training specifically related to opening a business in the City of San Bernardino. ● One (1) mandatory 1:1 consultation meeting with a SBDC consultant in between cohort meetings/sessions
Program Outline:

SBDC training programs include the following courses, all with a focus on building growth strategies:

California Shop Small
California Shop Small is a 6-week program to help product-based aspiring or existing business owners sell online. Business owners will learn how to get their business online, reach new customers, and increase their sales at a local, regional, and national scale. After completing the program, business owners will gain access to sell on a California branded eCommerce platform.

Business owners will receive a six-month free subscription to sell online while receiving no cost one-on-one consulting to assist in furthering their online success.

Financial Fitness Bootcamp
This 4-day small business training program offers 8 hours of in-person instruction on becoming “Financially Fit” and allows attendees to discover the world of financial management for small business in a comprehensive step-by-step process. Understanding how and why financial management and the tools to achieve this are critical components to healthy business growth! Attendees can expect to develop these essential tools to manage their small business financials properly and avoid future pitfalls.

Digital Main Street
This program aimed at assisting brick-and-mortar businesses with Creating a Digital Presence for their business. Each small business owner will learn how to set-up an online profile through Google, will reach out to customers for a Google review and will learn how to create and send Facebook or Instagram posts. The program will then change to highlight how to use paid and nonpaid advertising to generate leads that turn into sales. The program will culminate with business owners receiving a grant to put towards advertising that will generate customer traffic.

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City of San Bernardino
Small Business & Non-Profit Training & Grant Program September 21, 2022

City Reserved Rights
The City reserves the unqualified right, in its sole and absolute discretion at any time: (1) to amend or terminate this program with no recourse for any proposing applicant; (2) to choose or reject any or all applications received in response to this program; (3) to modify the application deadlines; (4) to request additional information of the applicants as deemed necessary and appropriate by the City; (5) to conduct further due diligence with applicants or any third party; (6) to modify the City's objectives or the scope of the program; (7) to modify program requirements, general terms and conditions, or eligible activities; and/or (8) to disqualify any proposing applicant on the basis of any real or perceived conflict of interest that is disclosed or revealed by materials submitted or by any data available to the City.

Eligibility
To be eligible to apply for the Small Business & Non-Profit Training & Grant Program, a business or non-profit must meet certain criteria that has been established by the City of San Bernardino and the guidelines set forth by the U.S. Department of Treasury for utilizing ARPA funds. The business must also demonstrate the need for financial support resulting from the loss of revenue due to the impact of COVID-19.

General Terms and Conditions
The business or non-profit applicant must meet the following minimum requirements to be considered for grant funding:
1) The business or non-profit must be physically located in the City of San Bernardino; 2) Be a “small business” defined as having fewer than 500 employees, OR be a “home-based business,” OR be a “non-profit;”
a) If a “non-profit,” must be a 501(c)3 or 501(c)19 with a principal office located within the City of San Bernardino and operating since at least July 2019. The Applicant acknowledges and agrees that if the Applicant receives a grant and the Applicant’s organization ceases to operate, the Applicant may be subject to return of all or any portion of such grant.
3) Residential or real estate projects including short-term rental operators are not eligible; 4) Have an active San Bernardino Business License and/or Home Occupation Permit at the time of the application;
5) The business or non-profit must be in good standing with the City (current on bills, no liens or judgements, etc.), unless directly correlated to COVID-19 impacts; 6) The business or non-profit must not be suspended or debarred or otherwise excluded from receiving Federal funding;
7) The business or non-profit must complete the required training; 8) The business or non-profit must submit the application and all required supporting documentation; and
9) The business or non-profit applicant must certify that it was negatively impacted by the COVID-19 pandemic. Examples of a business being negatively affected by the pandemic include, but are not limited to:

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City of San Bernardino
Small Business & Non-Profit Training & Grant Program September 21, 2022

a) A decrease of 25% or greater in sales.
b) The business has had to lay off at least one of its employees (Full or Part time). c) One or more of the employees in the business have contracted COVID-19, while at work.
d) Qualified as an “underserved small business group” (if this is satisfactorily met, no other hardship must be provided).
i) Women, minorities (people of color), veteran-owned business where the majority (at least 51%) of the business is owned and run on a daily basis by said group(s) ii) Businesses operating in “low-to-moderate income (LMI)” or “qualified census tract” communities
(1) “Low-to-Moderate Income (LMI)” or “qualified census tract” means any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50% of households have an income less than 60 percent of the Area Median Gross Income (AMGI), or which has a poverty rate of at least 25%.
* City employees and elected and appointed officials are not eligible to participate in this program.

Eligible Activities
Eligible activities for the use of funds should be used to cover fixed expenses for the business. The primary fixed expenses include such items as rent or mortgage expense, utilities, inventory, payroll and benefit costs, PPE, or other operational expenses for the business. Applicants will fill out a section of the application form that will breakdown how the funds will be spent within their business (“Spending Plan”). Each applicant will need to sign and verify that the use of funds will be spent on business expenses, such as those expressed above. Any use of funding other than that to support the business is strictly prohibited and may result in the applicant being subject to return all or any portion of such grant.

Eligible expenses are considered necessary expenditures that provide economic support in connection with the COVID-19 public health emergency. In the event a business does not expend the funds in the manner consistent with the Spending Plan as outlined in the application or does not expend the entire grant amount, the business will be required to submit a report to the City no later than September 30, 2023, identifying how the funds were spent. If there is a remaining balance, the business may be required to return the funds to the City by September 30, 2023.

The following is a nonexclusive list of expenditures that shall not constitute Eligible Expenses payable from the grant amount:
(1) Damages covered by insurance.
(2) Expenses that have been or will be reimbursed or recovered through other funding programs, such as the reimbursement by the federal government pursuant to the CARES Act or contributions by States to State unemployment funds. (3) Reimbursement to donors for donated items or services. (4) Workforce bonuses other than hazard pay or overtime. (6) Severance pay.
(6) Legal expenses or settlements.
(7) Debt service or loan repayment.

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City of San Bernardino
Small Business & Non-Profit Training & Grant Program September 21, 2022

Equal Opportunity Policy
The City of San Bernardino and the SBDC shall not discriminate upon the basis of sex, age, race, creed, color, religion, national origin, marital status, ancestry, or physical handicap in accepting applications and processing program applications.

Application Process
Application
The Small Business & Non-Profit Training & Grant Program application includes information about the small business, the number of employees in the business, location of the business, amount of time in business and a Spending Plan. The application and Grant Agreement will require the following Attestations:
• The business or non-profit was negatively impacted by the COVID-19 pandemic. • As of September 21, 2022, the small business, including home-based businesses, has a maximum of five hundred (500) employees (full and part-time); or the 501(c)3 or 501(c)19 non-profit has a principal office located within the City of San Bernardino and have been operating since at least July 2019.
• Certification that the business is able to produce financial records to show the economic losses, if requested.
• Certification that financial loss and grant amount spending records will be available for audit when requested. The business must maintain records through December 31, 2029.

Application Period
The business and non-profit grant application will be available in English and Spanish starting at 9:00 am on Monday, October 10, 2022. Applicants must apply for the grant program by visiting www.sbcity.gov and submitting the application online through the SBDC portal.

Applications from small businesses must be submitted online and will be accepted starting at 9:00 am, Monday, October 10, 2022, with first-come, first-serve priority until Monday, December 12, 2022.

Applications from non-profits must be submitted online and will be accepted starting at 9:00 am, Monday, October 10, 2022, with first-come, first-serve priority until Monday, November 21, 2022.

If funding is undersubscribed for non-profit awards, on Tuesday, November 1, 2022, any additional funds will roll into small business allocations with priority given to applicants already on the alternate funding list. The application period will close promptly at 5:00 pm on Monday, December 12, 2022. Applications received online after this due date and time will be considered late and will not be accepted.

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City of San Bernardino
Small Business & Non-Profit Training & Grant Program September 21, 2022

The City will disburse the three million dollars ($3,000,000), with two million ($2,000,000) allocated to for-profit businesses and one million ($1,000,000) to non-profits, in the first round.

The City anticipates the number of applications will exceed the amount of funding available for disbursement. However, if funds remain, the City will evaluate the need to implement additional rounds of funding. Applications will be received on a first-come, first-serve basis. Once applications have been pre-approved, they will be assigned a number for selection upon completion of all requirements. The first awardees selected will be notified immediately after their eligible SBDC program is completed and will then be asked to submit any remaining required business and financial documentation for review and verification.

Documentation Requirements
Upon pre-approval and selection for funding, the applicant will be required to submit the following documents for review and verification in order to receive the grant:
• Complete grant application;
• An acceptable form of government-issued photo ID provided as a PDF only; • Information about the small business or non-profit, including but not limited to, the number of employees, location, and identification of an owners; and • Acknowledgment and self-certification of the program requirements and documentation should they be selected to proceed in the application process.

In addition, applicants must self-certify:

For for-profit businesses:

The Applicant understands that it is ineligible to receive a grant under the Program if any owner of greater than 10% of the equity interest in the Applicant:
(i) has within the prior three-years been convicted of or had a civil judgment rendered against such owner, or has had commenced any form of parole or probation (including probation before judgment), for (A) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, (B) violation of federal or state anti-trust or procurement statutes, or (C) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or (ii) is presently indicted for or otherwise criminally or civilly charged by a government entity, (federal, state or local) with commission of any of the offenses enumerated in subparagraph (i) above.

For non-profits:

The Applicant understands that it is ineligible to receive a grant under the Program if any officer or board member of the Applicant: (i) has within the prior three-years been convicted of or had a civil judgment rendered against such officer or owner, or has had commenced any form of parole or probation (including probation before judgment), for (A) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or Packet Pg. 514
City of San Bernardino
Small Business & Non-Profit Training & Grant Program September 21, 2022

performing a public (federal, state or local) transaction or contract under a public transaction, (B) violation of federal or state anti-trust or procurement statutes, or (C) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or (ii) is presently indicted for or otherwise criminally or civilly charged by a government entity, (federal, state or local) with commission of any of the offenses enumerated in subparagraph (i) above.

In addition, SBDC will require the following documents to be completed and submitted within two (2) weeks from applicant’s training completion date:
• W-9;
• Current City of San Bernardino business license or permit; • The most recent monthly bank statement, if applicable; • 1
st Page of most recent federal tax return filed, if applicable; • Planned use of funds form;
• Check Request Form; and
• A signed City of San Bernardino Small Business Grant Agreement, which includes business impact statement and self-certification.

Although selection is not guaranteed, businesses should begin to collect the required documentation in order to expedite the approval process in the event they are selected.

Grant Review and Approval Process
Review
The application will be reviewed by the SBDC to determine application completeness and preliminary eligibility. The application must be complete to be considered eligible.

First-come, First-serve
The City of San Bernardino is expecting the Small Business & Non-Profit Training & Grant Program to have an overwhelming number of applications. If the number of applications exceeds the amount of funding that is available for disbursement, the SBDC will track alternate applicants in the first-come, first-serve queue. SBDC will inform applicants if they are on the funding list or the alternate list. The first awardees selected will be notified immediately after their eligible SBDC program is completed and will then be asked to submit any remaining required business and financial documentation for review and verification within two (2) weeks. The first potential grant recipients will be contacted by email, phone, and/or letter.

Trainings must be completed within ninety (90) days of initial application submission date through the SBDC portal. Should an applicant initially selected for funding not meet application requirements, they will be dropped from the queue allowing an alternate to complete their submission for funding. If an applicant is selected for funding from the alternate queue, they must complete training requirements within ninety (90) days of being notified they were selected.

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City of San Bernardino
Small Business & Non-Profit Training & Grant Program September 21, 2022

Verification and Eligibility Determination
Upon pre-approval and selection, the SBDC shall request the applicant submit all required documentation for review and verification for grant approval. SBDC will assign a consultant to work with each individual grantee to assist with completing all required documentation. Grantees documentation will be submitted directly to SBDC on a secured site. If the grant request meets the criteria for program funding, all required documentation must be submitted within two (2) weeks of applicant’s training completion date to remain eligible. If documents are not submitted, the applicant will be dropped from the eligibility list and an alternate will be selected.

Grant Disbursement
As each applicant submits a complete set of required documentation, it will be reviewed and verified, and once the applicant attends all mandatory training sessions and one (1) one-on-one consulting session, funds will be disbursed to the applicant if the application is complete. In the event an applicant misses one of the mandatory training sessions, they can make up the missed session by meeting with their SBDC consultant for an additional one-on-one consultation.

Applicants who miss two (2) or more mandatory training sessions will not be eligible for the grant at the end of the SBDC training. Applicants must complete the program they initially select. Only one grant will be issued per applicant, per person, per business, per entity, whichever is the lesser.

All grant funds must be dispersed by the deadline given in the ARPA guidelines. From the time award decision is approved and an applicant is notified, the City has sixty (60) business days to complete payment through designated payment method.

Grant Report
Eligible expenses are considered necessary expenditures that provide economic support in connection with the COVID-19 public health emergency. In the event a business does not expend the entire grant amount, the business may be required to return the remaining balance by August 31, 2023.

The business recipient shall keep documentation evidencing use of the Grant Funds. The City may request to evaluate the business’s compliance with the Grant program. If it is determined the business did not expend the funds consistent with the Eligible Activities, it may constitute an Event of Default under the Grant Agreement.

Post Grant Follow Up
The SBDC will continue to work one-on-one with each grantee, throughout the next twelve (12) months. If contacted by the City or SBDC, all awardees will be required to update the City on their business and if additional employees have been hired or employees retained. A twelvemonth report may be created by the SBDC and the City of San Bernardino, to document the success of the program. By acceptance of the grant, the business agrees to comply with City information requests that may include use of photos or business logos.

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City of San Bernardino
Small Business & Non-Profit Training & Grant Program September 21, 2022

Program Complaint and Appeal Process
Complaints concerning the Small Business & Non-Profit Training & Grant Program should be made to the City of San Bernardino Economic Development Department. If unresolved in this manner, the complaint or appeal shall be made in writing and filed with the City Manager’s Office.

Contact Information
For additional information regarding the Small Business & Non-Profit Training & Grant Program, please contact the following:

City of San Bernardino
Economic Development Department
201 North E Street, 3rd Floor
San Bernardino, CA 92401
[email protected]
For questions about the guidelines and application or assistance in completing the application and to set up a one-on-one consultation (at no cost), please contact the SBDC at:

Paul Nolta,
Director
Inland Empire SBDC at CSUSB
951-781-2345 office
[email protected]
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City of San Bernardino
American Rescue Plan Act (ARPA) Program
COVID-19 Related
Small Business & Non-Profit
Training & Grant Program
Amanda Hernandez, Economic Development Division
Manager
September 212022
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Business & Nonprofit Grants – Discussion
Presentation Overview
• Background on ARPA Funding
• Grant Program
• Next Steps
• Grant Program Partnership
• Discussion
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Rescue Plan Funds – Background
3 • San Bernardino’s Allocation: $77 Million
• Final Rule Issued January 6, 2022, effective
4/1/2022
• Opportunities in Qualified Census Tracts (QCTs)
• All funds must be obligated by Dec. 31, 2024,
and spent by Dec. 31, 2026
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Rescue Plan Funds – Background
4 • February 2, 2022 - Resolution 2022-26
• Approved allocating $5,000,000, for the Small Business and Non-Profit Assistance Grant Program
• $1,000,000 allocated to an educational resource
center for small business owners
• $1,000,000 million allocated to fund Aspen Institute
Initiatives
• Leaving $3,000,000 for grant program funding
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Grant Program
5 Small Business and Non-Profit Grant
Program
• Negative economic impact due to pandemic
• Operating or capital
• ARPA guidelines provide maximum of $50,000 to
limit reporting burden
• Grants: $10,000 to $35,000 (depending on
qualifications)
Total: $3,000,000
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Grant Program
6 • Existing Businesses and
Non-Profits
• Prove negative economic
impact
• Areas and populations
designated as having
been disproportionately
impacted do not need
proof
For Profit: $2,000,000 & Non-Profit: $1,000,000
• For Profit
• $10,000 - $35,000
• Non-Profit
• $10,000 - $35,000
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Next Steps - Application
7 • Application will be available in English and Spanish starting at 9:00 am on Monday, October 10, 2022
• Access the application through the City’s website to submit online • First-come, first-serve priority
• Small businesses
• From 9:00 am, Monday, October 10, 2022, until Monday, December 12, 2022.
• Non-profits
• From 9:00 am, Monday, October 10, 2022, until Monday, November 21, 2022. For Profit: $2,000,000 & Non-Profit: $1,000,000
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Grant Program Partnership
Small Business
Development Center
• Marketing & Outreach
• Program Application
• Training & Programming
• Reporting & Tracking
For Profit & Non-Profit Resources
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DISCUSSION
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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
By: Nathan Freeman, Agency Director of Community, Housing and Economic Development
Department: Community & Economic Development (CED)
Subject: Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018-1 (Safety Services) Annexation No. 6, (TR 20494) (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-190 of the City of San Bernardino, California, acting as the legislative body of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services), declaring its intention to consider annexing territory to Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services), adopting a map of the proposed area (Annexation No. 6) and authorizing the levy of special taxes therein.

Background
On September 19, 2018, the Mayor and City Council approved Resolution No. 2018- 264 establishing Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the "CFD No. 2018-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City.

Discussion
Development projects are subject to conditions of approval that require projects to form/annex a services district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of public safety necessary to serve the development. PI Properties, LLC (the “Owner”) has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act.

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To that end, the Owner has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.

The public services proposed to be financed within and for the benefit of the territory to be annexed to the District are the following:

1. Police protection services (including, but not limited to, criminal justice services) and paramedic services; and

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

The proposed development includes approximately 10.10 gross acres of zoned residential property to include 95 detached single-family residential lots. The property is located south of W. Highland Ave. and west of Medical Center Dr. This development will be Annexation No. 6 within CFD No. 2018-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2018-1, a Resolution of Intention to annex property must be approved to identify the services and establish the maximum special tax for this annexation. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for Annexation No. 6, is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $385 per residential unit for FY 2022/23. If the maximum allowable annual fee were levied, the revenue generated would be $36,575 per year.

In order to annex property to CFD No. 2018-1 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. 2018-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). • Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien.

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• Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for November 2, 2022.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $36,575 to be used to pay for safety services. The Maximum Special Tax rate is proposed to escalate each year after July 1, 2024 by four percent (4.0%).

All costs associated with annexation into the CFD have been borne by the Developer.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-190 of the City of San Bernardino, California, acting as the legislative body of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services), declaring its intention to consider annexing territory to Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services), adopting a map of the proposed area (Annexation No. 6) and authorizing the levy of special taxes therein.

Attachments
Attachment 1 Resolution No. 2022-190
Attachment 2 Exhibit A – Description of Territory
Attachment 3 Exhibit B – Description of Authorized Services Attachment 4 Exhibit C – Rate and Method of Apportionment Attachment 5 Exhibit D – Annexation and Potential Annexation Boundary Maps Attachment 6 Exhibit E – Signed Petition, Waiver and Consent Attachment 7 Exhibit F – Notice of Public Hearing
Attachment 8 Exhibit G – Special Election Ballot
Attachment 9 Project Location Map
Ward
Sixth Ward
Synopsis of Previous Council Actions
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August 15, 2018 Mayor and City Council adopted Resolution No. 2018-239, a Resolution of Intention to form Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.

September 19, 2018 Resolution No. 2018-264 was adopted establishing Community Facilities District No. 2018-1; Resolution No. 2018-265 was adopted declaring election results for
Community Facilities District No. 2018-1; and first reading of Ordinance No. MC-1506 levying special taxes to be collected during FY 2019-20 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1.

October 3, 2018 Final reading of Ordinance No. MC-1506 levying special taxes to be collected during FY 2019-20 to pay annual costs of safety services and expenses with respect to Community
Facilities District No. 2018-1.

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Resolution No. 2022-190
Resolution 2022-

RESOLUTION NO. 2022-190

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING

AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN

BERNARDINO (SAFETY SERVICES), DECLARING ITS

INTENTION TO CONSIDER ANNEXING TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE

CITY OF SAN BERNARDINO (SAFETY SERVICES),

ADOPTING A MAP OF THE PROPOSED AREA
(ANNEXATION NO. 6) AND AUTHORIZING THE LEVY OF

SPECIAL TAXES THEREIN
WHEREAS, on August 15, 2018 the Mayor and City Council (the “City Council”) of the City of San Bernardino adopted Resolution No. 2018-239 (the “Resolution of Intention”), declaring its intention to establish Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) (“Community Facilities District No. 2018-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, after a duly noticed public hearing, the Mayor and City Council adopted Resolution No. 2018-264 (the “Resolution of Formation”) establishing Community Facilities District No. 2018-1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Exhibit “C” attached to the Resolution of Intention (the “Original Rate and Method”), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2018-1; and WHEREAS, the Mayor and City Council have received a petition form and signed by PI Properties, LLC, requesting (i) the annexation of the territory within the boundaries set forth in Exhibit “A”, hereto (the “Annexation Territory”) to the District; (ii) the levy of the special tax within the Annexation Territory in accordance with the Rate and Method of Apportionment of Special Tax attached as Exhibit “C”, hereto (the “Rate and Method”), which Rate and Method is identical to the Original Rate and Method in all respects except that Appendix A thereto has been updated in accordance with the terms of the Original Rate and Method to reflect the annexation described herein and (iii) the waiving certain election requirements.

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.

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Resolution No. 2022-
Resolution 2022-

SECTION 2. Intent to Annex. The City Council declares its intention to conduct proceedings pursuant to the Act for the annexation to the District of the Annexation Territory.

SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The map showing the original boundaries of the District designated as “Map of Proposed Boundaries of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services),” which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the County of San Bernardino in Book No. 87 Page No. 96, on August 16, 2018 as Instrument No. 2018- 0300849.

The boundaries of the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown on the annexation map set forth in Exhibit “D” hereto (the “Boundary Map”). The City Clerk is hereby directed to sign the boundary map and record it with all proper endorsements thereon with the County Recorder of the County of San Bernardino within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California.

SECTION 4. Description of Authorized Services. The Services (as defined in the Rate and Method) proposed to be provided for the benefit of the Annexation Territory are public services as defined in the Act, and this City Council finds and determines that the Services to be financed are in addition to those provided in the territory the Annexation Territory, at the present time and do not supplant services already available within the Annexation Territory at the present time. The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the Annexation Territory, to understand what the funds of the District may be used to finance. The Services Incidental Expenses (as defined in the Rate and Method) expected to be incurred within the Annexation Territory are set forth in the Rate and Method. The amount and term of the special tax to be levied by the District within the Annexation Territory and the Services to be provided by the District within the Annexation Territory shall be identical to those within the original boundaries of the District.

SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a separate special tax, secured by recordation of a continuing lien against all nonexempt real property in the Annexation Territory, sufficient to pay for the Services and the Services Incidental Expenses. The rate and method of apportionment and manner of collection of the special taxes set forth in Exhibit “C” allows each homeowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel.

The special taxes for Services may be increased by an amount not to exceed four percent (4%) per year after July 1, 2024 to the extent permitted in the Rate and Method. The special tax Packet Pg. 532
Resolution No. 2022-
Resolution 2022-

for Services may be levied for such period as the Services are needed, as further described in Exhibit “B” hereto.

The special taxes are based on the expected demand that each parcel of real property within the Annexation Territory will place on the Services. The City Council hereby determines that the proposed Services are necessary to meet the increased demand placed upon the City and the existing police and paramedic services in the City as a result of the development of the land proposed for annexation to the District. The City Council hereby determines the rate and method of apportionment of the special taxes to be reasonable. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special taxes are not on or based upon value or ownership of real property.

SECTION 6. Public Hearing. A public hearing (the “Hearing”) on the annexation of the Annexation Territory to the District, the levy of the special tax within the Annexation Territory in accordance with the Rate and Method to finance the Services shall be held at 7:00 p.m., or as soon thereafter as practicable, on November 2, 2022, Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California. Should the City Council determine to annex the Annexation Territory to the District, a special election will be held to authorize the levy of the special taxes in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within Annexation Territory at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Annexation Territory. Ballots for the special election may be distributed by mail or by personal service.

SECTION 7. Adjustments. The City Council does not intend to make any adjustment in property taxation pursuant to Sections 53313.6 and 53313.7 of the Act.

SECTION 8. Public Hearing. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the Annexation Territory, may appear to be heard.

SECTION 9. Notice of Public Hearing. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Annexation Territory. The City Clerk is further directed to mail a copy of the Notice to each landowner within the Annexation Territory at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.

SECTION 10. 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 Packet Pg. 533
Resolution No. 2022-
Resolution 2022-

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

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

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

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

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. 2018-1 (Safety Services) (the “CFD No. 2018-1”) Annexation No. 6 is currently comprised of one (1) parcel, located within the city boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Tract Number Owner Name
0143-191-59 TR 20494 PI Properties, LLC
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EXHIBIT B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SAFETY SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2018-1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety.

These services include police protection services (including but not limited to criminal justice services) and paramedic services.

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 and to establish an operating reserve for the costs of services as determined by the Administrator.

The above services shall be limited to those provided within the boundaries of CFD No. 2018-1 for the benefit of the properties within the boundaries of CFD No. 2018-1 and said services may be financed by proceeds of the special tax of CFD No. 2018-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2018-1 before CFD No. 2018-1 was created.

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EXHIBIT C
City of San Bernardino Page 1
Community Facilities District No. 2018‐1 (Safety Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2018‐1 (SAFETY 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. 2018‐1 (Safety Services) (the “CFD No. 2018‐1” 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. 2018‐1, by applying the rate and method of apportionment set forth below.

All of the real property in CFD No. 2018‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2018‐1 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 costs to the City, CFD No. 2018‐1, or any designee thereof associated with fulfilling the CFD No. 2018‐1 reporting requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2018‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses.  Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2018‐1 for any other administrative purposes of CFD No. 2018‐1, including attorney's fees and other costsrelated 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. “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 the identification number assigned to a parcel by the County Assessor of the County of San Bernardino.
“CFD” or “CFD No. 2018‐1” means the City of San Bernardino Community Facilities District No. 2018‐ 1 (Safety Services).
“City” means the City of San Bernardino.
“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 June 1 preceding the Fiscal Year in which the Special Tax is being levied.

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City of San Bernardino Page 2
Community Facilities District No. 2018‐1 (Safety Services) “Developed Multi‐Family Property” means all Assessor's Parcels of Developed Property for which a building permit or use permit for the construction of a residential structure with two or more Residential Units that share a single Assessor's Parcel Number, as determined by the Administrator, has been issued prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Developed Single Family Property” means any residential property other than a Developed Multi‐ Family Property on an Assessor’s Parcel for which a building permit for new construction has been issued by the City on or prior to June 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 D.
“Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Maximum Special Tax” means the Maximum Special Tax, as applicable, levied within the CFD for any Fiscal Year.
“Proportionately” means for Taxable Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels. “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. “Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2018‐1 as set forth in Appendix B.
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
"Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the public safety needs of CFD No. 2018‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection services, (ii) paramedic services, (iii) fund an operating reserve for the costs of Services as determined by the Administrator, and (iv) Administrative Expenses. Under no circumstances shall the Special Tax Requirement include funds for bonds.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2018‐1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit.

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City of San Bernardino Page 3
Community Facilities District No. 2018‐1 (Safety Services) B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES As of July 1 of each Fiscal Year, commencing July 1, 2019, the Council shall determine the Special Tax Requirement and shall levy the Special Tax upon each of the Assessor’s Parcels within the CFD which constitute a Developed Single Family Property or a Developed Multi‐Family Property until the aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement.

The Maximum Special Tax for Fiscal Year 2019‐2020 for a Developed Single Family Property and a Developed Multi‐Family Property are shown below in Table 1.

TABLE 1

MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2019‐2020
Description
Taxable
Unit
Maximum
Special Tax
Developed Single Family Property RU $385
Developed Multi‐Family Property RU $358
Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed Property shall increase by four percent (4.0%).

No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for CFD No. 2018‐1 is an Exempt Property.

C. TERM OF SPECIAL TAX
For each Fiscal Year, the Maximum Special Taxes shall be levied as long as the Services are being provided within the boundaries of CFD No. 2018‐1.

D. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2018‐1, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator; or (v) any Assessor’s Parcel which is not a Developed Single Family Property or a Developed Multi‐Family Property.

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City of San Bernardino Page 4
Community Facilities District No. 2018‐1 (Safety Services) E. 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.  The Administrator 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 Administrator’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 adjustmentshall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

F. MANNER OF COLLECTION
The Maximum Special Taxes levied in each Fiscal Year 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.

However, the District may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

The Maximum Special Taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code.  This lien shall be a continuing lien and shall secure each levy of Maximum Special Taxes.  The lien of Maximum Special Taxes shall continue in force and effect until the Special Tax ceasesto be levied in the manner provided by Section 53330.5 of the Government Code.

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City of San Bernardino Page 5
Community Facilities District No. 2018‐1 (Safety Services)

APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018‐1
(SAFETY SERVICES)
ANNEXATION  SUMMARY
Safety Services ‐ It is estimated that the cost of providing police and paramedic services being funded by the Special Tax for the Community Facilities District No. 2018‐1 (Safety Services) will be as follows for the Fiscal Year 2022‐2023:
 $385 per residential unit for Developed Single Family Residential Property  $358 per residential unit for Developed Multi‐Family Residential Property Annual Escalation ‐ On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed Property shall increase by four percent (4.0%).

Annex.
#
Fiscal
Year
Tract/
APN
Development
Name
No. of
Taxable
Units
Land Use
Category
Maximum
Special Tax Subdivider
Original 2019‐20 TR 17329
Verdemont
Ranch 74
Developed Single
Family Property $385 17329, LLC
1 2020‐21 TR 20006 Rancho Palma 119
Developed Single
Family Property $385 TH Rancho Palms LLC
2 2020‐21 TR 20261 Hispano Inv. 5
Developed Single
Family Property $385 Hispano Investors Inc
3 2021‐22 TR 20293 ICO Fund 96
Developed Single
Family Property $385 ICO Fund VI, LLC
4 2022‐23 TR 20145 Belmont 16
Developed Single
Family Property $385 RCH‐CWI Belmont, LP
5 2022‐23 TR 20258 N. Meridian 6
Developed Single
Family Property $385 RGC Family Trust
6 2022‐23 TR 20494
Medical/
Highland 95
Developed Single
Family Property $385 PI Properties, LLC
7 2022‐23 TR 20495 Palm 133
Developed Single
Family Property $385
Pacific West Company,
et al.

Packet Pg. 542
City of San Bernardino Page 6
Community Facilities District No. 2018‐1 (Safety Services)

APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018‐1
(SAFETY SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2018‐1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety.

These servicesinclude police protection services(including but not limited to criminal justice services) and paramedic services.

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 and to establish an operating reserve for the costs of services as determined by the Administrator.

The above services shall be limited to those provided within the boundaries of CFD No. 2018‐1 for the benefit of the properties within the boundaries of CFD No. 2018‐1 and said services may be financed by proceeds of the special tax of CFD No. 2018‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2018‐1 before CFD No. 2018‐1 was created.

Packet Pg. 543
20TH ST

HIGHLAND AVE

GARDENA ST

MADISON ST
·|}þ210
0143-191-59
ANNEXATION MAP NO. 6
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SAFETY SERVICES)

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
CFD 2018-1
ANNEX 6
^_
·|þ}259
·|þ}18
·|þ}210
§¨¦215
£¤66
£¤66
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2022-23. -
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2018-1(SAFETY SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONAUGUST 16, 2018 IN BOOK 87 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 96 ANDAS INSTRUMENT NO. 2018-0300849 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2018-1(SAFETY SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO LEGEND

ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARY

XXXX-XXX-XX ASSESSOR PARCEL NUMBER
THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________

DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

EXHIBIT D
   
 Packet Pg. 544
 
  
 Packet Pg. 545

PETITION TO THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO REQUESTING TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2018-1 WITHIN THE CITY OF SAN BERNARDINO AND A

WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE

LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE

PROVIDED BY THE COMMUNITY FACILITIES DISTRICT

1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), for the annexation of territory to Community Facilities District No. 2018-1 (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district.

2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration required to provide police protection services, including but not limited to criminal justice services in the area surrounding the subject project.

3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the annexation area to the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto.

4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the annexation of territory to the Community Facilities District or at the next available meeting.

5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.

6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annex territory to the Community Facilities District of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure.

EXHIBIT E
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Packet Pg. 547

EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2018-1 (SAFETY SERVICES) (ANNEXATION NO. 6)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on September 21, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2018-1 (Safety Services) (the "CFD No. 2018-1"), and to levy a special tax to pay for certain safety services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2018-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, November 2, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2018-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the September 7, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.

DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2022
Packet Pg. 548

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 6
(November 2, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
PI Properties, LLC 10.10 11
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2018-1, 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 October 19, 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 November 2, 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 November 2, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 549
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

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

Arcadia, CA 91006
0143-191-59

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A MARK “YES” OR “NO” WITH AN “X”:

Shall the territory described in Attachment “A” of
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be annexed to
Community Facilities District No. 2018-1 (Safety
Services)?
YES _________
NO _________
PROPOSITION B MARK “YES” OR “NO” WITH AN “X”:

Shall a special tax with a rate and method of
apportionment as provided in Attachment “C” to
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be levied to pay
for the Services and other purposes described in
Resolution No. 2018-264?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

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

Pi Properties, LLC
By: Rao Yalamanchili
President

Signature
Print Name
Title
Packet Pg. 550
20TH ST
MEDIC
AL CEN
TER
D
R

HIGHLAND AVE
·|}þ210
^_

MED CI AL CENTER DR

MOUNT VERNON AVE

PENNSYLVANIA AVE

NINTEENTH ST

ORANGE ST

CALIFORNIA ST CALIFORNIA AVE

MAGNOLIA AVE

HIGHLAND AVE
13TH ST
L ST

UNION ST
17TH ST

VIRGINIA ST
19TH ST £¤66
£¤66
§¨¦215
·|}þ259
·|}þ210
CFD NO. 2018-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 6

PROJECT MAP
Packet Pg. 551

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;
Nathan Freeman, Agency Director of Community, Housing and Economic Development
Department: Community & Economic Development (CED)
Subject: Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018-1 (Safety Services) Annexation No. 7, (TR 20495) (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-191 of the City of San Bernardino, California, acting as the legislative body of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services), declaring its intention to consider annexing territory to Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services), adopting a map of the proposed area (Annexation No. 7) and authorizing the levy of special taxes therein.

Background
On September 19, 2018, the Mayor and City Council approved Resolution No. 2018-264 establishing Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the "CFD No. 2018-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City.

Discussion
Development projects are subject to conditions of approval that require projects to form/annex a services district. These districts apply an annual fee or special tax upon Packet Pg. 552
properties within the District which provide the revenue to offset the cost of public safety necessary to serve the development. Pacific West Company, et al. (the “Owners”) have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Owners have submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.

The public services proposed to be financed within and for the benefit of the territory to be annexed to the District are the following:

1. Police protection services (including but not limited to criminal justice services) and paramedic services; and

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

The proposed development includes approximately 15.10 gross acres of zoned residential property to include 133 detached single-family residential lots. The property is located at the northwest intersection of E Highland Ave. and N Palm Ave. This development will be Annexation No. 7 within CFD No. 2018-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2018-1, a Resolution of Intention to annex property must be approved to identify the services and establish the maximum special tax for this annexation. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for Annexation No. 7, is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $385 per residential unit for FY 2022/23. If the maximum allowable annual fee were levied, the revenue generated would be $51,205 per year.

In order to annex property to CFD No. 2018-1 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. 2018-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). • Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District.

Packet Pg. 553
• Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for November 2, 2022.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $51,205 to be used to pay for safety services. The Maximum Special Tax rate is proposed to escalate each year after July 1, 2024, by four percent (4.0%).

All costs associated with annexation into the CFD have been borne by the Developer.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-191 of the City of San Bernardino, California, acting as the legislative body of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services), declaring its intention to consider annexing territory to Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services), adopting a map of the proposed area (Annexation No. 7) and authorizing the levy of special taxes therein.

Attachments
Attachment 1 Resolution No. 2022-191
Attachment 2 Exhibit A – Description of Territory
Attachment 3 Exhibit B – Description of Authorized Services Attachment 4 Exhibit C – Rate and Method of Apportionment Attachment 5 Exhibit D – Annexation and Potential Annexation Boundary Maps Attachment 6 Exhibit E – Signed Petition, Waiver and Consent Attachment 7 Exhibit F – Notice of Public Hearing
Attachment 8 Exhibit G – Special Election Ballot
Attachment 9 Project Location Map
Ward
Packet Pg. 554
Fourth Ward
Synopsis of Previous Council Actions
August 15, 2018 Mayor and City Council adopted Resolution No. 2018-239, a Resolution of Intention to form Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.

September 19, 2018 Resolution No. 2018-264 was adopted establishing Community Facilities District No. 2018-1; Resolution No. 2018- 265 was adopted declaring election results for Community Facilities District No. 2018-1; and first reading of Ordinance No. MC-1506 levying special taxes to be collected during FY 2019-20 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1.

October 3, 2018 Final reading of Ordinance No. MC-1506 levying special taxes to be collected during FY 2019-20 to pay annual costs of safety services and expenses with respect to Community
Facilities District No. 2018-1.

July 20, 2022 The City Council adopted Resolution No. 2022-146 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Consider Annexing Territory to Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services).”
Packet Pg. 555
Resolution No. 2022-191
Resolution 2022-191

RESOLUTION NO. 2022-191

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING

AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN

BERNARDINO (SAFETY SERVICES), DECLARING ITS

INTENTION TO CONSIDER ANNEXING TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE

CITY OF SAN BERNARDINO (SAFETY SERVICES)

ADOPTING A MAP OF THE PROPOSED AREA
(ANNEXATION NO. 7) AND AUTHORIZING THE LEVY OF

SPECIAL TAXES THEREIN
WHEREAS, on August 15, 2018 the Mayor and City Council (the “City Council”) of the City of San Bernardino adopted Resolution No. 2018-239 (the “Resolution of Intention”), declaring its intention to establish Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) (“Community Facilities District No. 2018-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, after a duly noticed public hearing, the Mayor and City Council adopted Resolution No. 2018-264 (the “Resolution of Formation”) establishing Community Facilities District No. 2018-1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Exhibit “C” attached to the Resolution of Intention (the “Original Rate and Method”), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2018-1; and WHEREAS, the Mayor and City Council have received a petition form and signed by Pacific West Company, et al., requesting (i) the annexation of the territory within the boundaries set forth in Exhibit “A”, hereto (the “Annexation Territory”) to the District; (ii) the levy of the special tax within the Annexation Territory in accordance with the Rate and Method of Apportionment of Special Tax attached as Exhibit “C”, hereto (the “Rate and Method”), which Rate and Method is identical to the Original Rate and Method in all respects except that Appendix A thereto has been updated in accordance with the terms of the Original Rate and Method to reflect the annexation described herein and (iii) the waiving certain election requirements.

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.

Packet Pg. 556
Resolution No. 2022-191
Resolution 2022-191

SECTION 2. Intent to Annex. The City Council declares its intention to conduct proceedings pursuant to the Act for the annexation to the District of the Annexation Territory.

SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The map showing the original boundaries of the District designated as “Map of Proposed Boundaries of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services),” which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the County of San Bernardino in Book No. 87 Page No. 96, on August 16, 2018 as Instrument No. 2018- 0300849.

The boundaries of the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown on the annexation map set forth in Exhibit “D” hereto (the “Boundary Map”). The City Clerk is hereby directed to sign the boundary map and record it with all proper endorsements thereon with the County Recorder of the County of San Bernardino within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California.

SECTION 4. Description of Authorized Services. The Services (as defined in the Rate and Method) proposed to be provided for the benefit of the Annexation Territory are public services as defined in the Act, and this City Council finds and determines that the Services to be financed are in addition to those provided in the territory the Annexation Territory, at the present time and do not supplant services already available within the Annexation Territory at the present time. The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the Annexation Territory, to understand what the funds of the District may be used to finance. The Services Incidental Expenses (as defined in the Rate and Method) expected to be incurred within the Annexation Territory are set forth in the Rate and Method. The amount and term of the special tax to be levied by the District within the Annexation Territory and the Services to be provided by the District within the Annexation Territory shall be identical to those within the original boundaries of the District.

SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a separate special tax, secured by recordation of a continuing lien against all nonexempt real property in the Annexation Territory, sufficient to pay for the Services and the Services Incidental Expenses. The rate and method of apportionment and manner of collection of the special taxes set forth in Exhibit “C” allows each homeowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel.

The special taxes for Services may be increased by an amount not to exceed four percent (4%) per year after July 1, 2024 to the extent permitted in the Rate and Method. The special tax Packet Pg. 557
Resolution No. 2022-191
Resolution 2022-191

for Services may be levied for such period as the Services are needed, as further described in Exhibit “B” hereto.

The special taxes are based on the expected demand that each parcel of real property within the Annexation Territory will place on the Services. The City Council hereby determines that the proposed Services are necessary to meet the increased demand placed upon the City and the existing police and paramedic services in the City as a result of the development of the land proposed for annexation to the District. The City Council hereby determines the rate and method of apportionment of the special taxes to be reasonable. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special taxes are not on or based upon value or ownership of real property.

SECTION 6. Public Hearing. A public hearing (the “Hearing”) on the annexation of the Annexation Territory to the District, the levy of the special tax within the Annexation Territory in accordance with the Rate and Method to finance the Services shall be held at 7:00 p.m., or as soon thereafter as practicable, on November 2, 2022, Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California. Should the City Council determine to annex the Annexation Territory to the District, a special election will be held to authorize the levy of the special taxes in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within Annexation Territory at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Annexation Territory. Ballots for the special election may be distributed by mail or by personal service.

SECTION 7. Adjustments. The City Council does not intend to make any adjustment in property taxation pursuant to Sections 53313.6 and 53313.7 of the Act.

SECTION 8. Public Hearing. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the Annexation Territory, may appear to be heard.

SECTION 9. Notice of Public Hearing. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Annexation Territory. The City Clerk is further directed to mail a copy of the Notice to each landowner within the Annexation Territory at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.

SECTION 10. 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 Packet Pg. 558
Resolution No. 2022-191
Resolution 2022-191

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

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

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 559
Resolution No. 2022-191
Resolution 2022-191

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. 2022-191, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

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

Genoveva Rocha, CMC, City Clerk
Packet Pg. 560

EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) (the “CFD No. 2018-1”) Annexation No. 7 is currently comprised of five (5) parcels, located within the city boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Tract Number Owner Name
0285-211-05 TR 20495 Pacific West Co., et al.
0285-211-21 TR 20495 Pacific West Co., et al.
0285-211-22 TR 20495 Pacific West Co., et al.
0285-211-23 TR 20495 Pacific West Co., et al.
0285-211-25 TR 20495 Pacific West Co., et al.

Packet Pg. 561

EXHIBIT B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SAFETY SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2018-1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety.

These services include police protection services (including but not limited to criminal justice services) and paramedic services.

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 and to establish an operating reserve for the costs of services as determined by the Administrator.

The above services shall be limited to those provided within the boundaries of CFD No. 2018-1 for the benefit of the properties within the boundaries of CFD No. 2018-1 and said services may be financed by proceeds of the special tax of CFD No. 2018-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2018-1 before CFD No. 2018-1 was created.

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EXHIBIT C
City of San Bernardino Page 1
Community Facilities District No. 2018‐1 (Safety Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2018‐1 (SAFETY 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. 2018‐1 (Safety Services) (the “CFD No. 2018‐1” 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. 2018‐1, by applying the rate and method of apportionment set forth below.

All of the real property in CFD No. 2018‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2018‐1 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 costs to the City, CFD No. 2018‐1, or any designee thereof associated with fulfilling the CFD No. 2018‐1 reporting requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2018‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses.  Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2018‐1 for any other administrative purposes of CFD No. 2018‐1, including attorney's fees and other costsrelated 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. “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 the identification number assigned to a parcel by the County Assessor of the County of San Bernardino.
“CFD” or “CFD No. 2018‐1” means the City of San Bernardino Community Facilities District No. 2018‐ 1 (Safety Services).
“City” means the City of San Bernardino.
“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 June 1 preceding the Fiscal Year in which the Special Tax is being levied.

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City of San Bernardino Page 2
Community Facilities District No. 2018‐1 (Safety Services) “Developed Multi‐Family Property” means all Assessor's Parcels of Developed Property for which a building permit or use permit for the construction of a residential structure with two or more Residential Units that share a single Assessor's Parcel Number, as determined by the Administrator, has been issued prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Developed Single Family Property” means any residential property other than a Developed Multi‐ Family Property on an Assessor’s Parcel for which a building permit for new construction has been issued by the City on or prior to June 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 D.
“Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Maximum Special Tax” means the Maximum Special Tax, as applicable, levied within the CFD for any Fiscal Year.
“Proportionately” means for Taxable Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels. “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. “Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2018‐1 as set forth in Appendix B.
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
"Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the public safety needs of CFD No. 2018‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection services, (ii) paramedic services, (iii) fund an operating reserve for the costs of Services as determined by the Administrator, and (iv) Administrative Expenses. Under no circumstances shall the Special Tax Requirement include funds for bonds.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2018‐1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit.

Packet Pg. 564
City of San Bernardino Page 3
Community Facilities District No. 2018‐1 (Safety Services) B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES As of July 1 of each Fiscal Year, commencing July 1, 2019, the Council shall determine the Special Tax Requirement and shall levy the Special Tax upon each of the Assessor’s Parcels within the CFD which constitute a Developed Single Family Property or a Developed Multi‐Family Property until the aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement.

The Maximum Special Tax for Fiscal Year 2019‐2020 for a Developed Single Family Property and a Developed Multi‐Family Property are shown below in Table 1.

TABLE 1

MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2019‐2020
Description
Taxable
Unit
Maximum
Special Tax
Developed Single Family Property RU $385
Developed Multi‐Family Property RU $358
Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed Property shall increase by four percent (4.0%).

No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for CFD No. 2018‐1 is an Exempt Property.

C. TERM OF SPECIAL TAX
For each Fiscal Year, the Maximum Special Taxes shall be levied as long as the Services are being provided within the boundaries of CFD No. 2018‐1.

D. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2018‐1, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator; or (v) any Assessor’s Parcel which is not a Developed Single Family Property or a Developed Multi‐Family Property.

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City of San Bernardino Page 4
Community Facilities District No. 2018‐1 (Safety Services) E. 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.  The Administrator 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 Administrator’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 adjustmentshall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

F. MANNER OF COLLECTION
The Maximum Special Taxes levied in each Fiscal Year 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.

However, the District may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

The Maximum Special Taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code.  This lien shall be a continuing lien and shall secure each levy of Maximum Special Taxes.  The lien of Maximum Special Taxes shall continue in force and effect until the Special Tax ceasesto be levied in the manner provided by Section 53330.5 of the Government Code.

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City of San Bernardino Page 5
Community Facilities District No. 2018‐1 (Safety Services)

APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018‐1
(SAFETY SERVICES)
ANNEXATION  SUMMARY
Safety Services ‐ It is estimated that the cost of providing police and paramedic services being funded by the Special Tax for the Community Facilities District No. 2018‐1 (Safety Services) will be as follows for the Fiscal Year 2022‐2023:
 $385 per residential unit for Developed Single Family Residential Property  $358 per residential unit for Developed Multi‐Family Residential Property Annual Escalation ‐ On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed Property shall increase by four percent (4.0%).

Annex.
#
Fiscal
Year
Tract/
APN
Development
Name
No. of
Taxable
Units
Land Use
Category
Maximum
Special Tax Subdivider
Original 2019‐20 TR 17329
Verdemont
Ranch 74
Developed Single
Family Property $385 17329, LLC
1 2020‐21 TR 20006 Rancho Palma 119
Developed Single
Family Property $385 TH Rancho Palms LLC
2 2020‐21 TR 20261 Hispano Inv. 5
Developed Single
Family Property $385 Hispano Investors Inc
3 2021‐22 TR 20293 ICO Fund 96
Developed Single
Family Property $385 ICO Fund VI, LLC
4 2022‐23 TR 20145 Belmont 16
Developed Single
Family Property $385 RCH‐CWI Belmont, LP
5 2022‐23 TR 20258 N. Meridian 6
Developed Single
Family Property $385 RGC Family Trust
6 2022‐23 TR 20494
Medical/
Highland 95
Developed Single
Family Property $385 PI Properties, LLC
7 2022‐23 TR 20495   Palm   133
Developed Single
Family Property $385
Pacific West Company,
et al.

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City of San Bernardino Page 6
Community Facilities District No. 2018‐1 (Safety Services)

APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018‐1
(SAFETY SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2018‐1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety.

These servicesinclude police protection services(including but not limited to criminal justice services) and paramedic services.

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 and to establish an operating reserve for the costs of services as determined by the Administrator.

The above services shall be limited to those provided within the boundaries of CFD No. 2018‐1 for the benefit of the properties within the boundaries of CFD No. 2018‐1 and said services may be financed by proceeds of the special tax of CFD No. 2018‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2018‐1 before CFD No. 2018‐1 was created.

Packet Pg. 568

PLEASANT HILL DR

ORANGE ST

PALM AVE

HIGHLAND AVE
0285-211-23 0285-211-05
0285-211-22
0285-211-21
0285-211-25
ANNEXATION MAP NO. 7
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SAFETY SERVICES)

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
CFD 2018-1
ANNEX 7
^_
·|}þ210
·|}þ18 ·|}þ330
·|}þ38
·|}þ210
§¨¦10
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2022-23. -
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2018-1(SAFETY SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONAUGUST 16, 2018 IN BOOK 87 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 96 ANDAS INSTRUMENT NO. 2018-0300849 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2018-1(SAFETY SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO LEGEND

ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARY

XXXX-XXX-XX ASSESSOR PARCEL NUMBER
THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________

DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

EXHIBIT D
   
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 Packet Pg. 570

PETITION TO THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO REQUESTING TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2018-1 WITHIN THE CITY OF SAN BERNARDINO AND A

WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE

LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE

PROVIDED BY THE COMMUNITY FACILITIES DISTRICT

1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), for the annexation of territory to Community Facilities District No. 2018-1 (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district.

2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration required to provide police protection services, including but not limited to criminal justice services in the area surrounding the subject project.

3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the annexation area to the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto.

4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the annexation of territory to the Community Facilities District or at the next available meeting.

5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.

6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annex territory to the Community Facilities District of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure.

EXHIBIT E
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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2018-1 (SAFETY SERVICES) (ANNEXATION NO. 7)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on September 21, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2018-1 (Safety Services) (the "CFD No. 2018-1"), and to levy a special tax to pay for certain safety services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2018-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, November 2, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2018-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the November 2, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.

DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2022
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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 7
(November 2, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
Chenmei Cheng 4.265 5
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

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. 2018-1, 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 October 19, 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 November 2, 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 November 2, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 576
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

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

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A MARK “YES” OR “NO” WITH AN “X”:

Shall the territory described in Attachment “A” of
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be annexed to
Community Facilities District No. 2018-1 (Safety
Services)?
YES _________
NO _________
PROPOSITION B MARK “YES” OR “NO” WITH AN “X”:

Shall a special tax with a rate and method of
apportionment as provided in Attachment “C” to
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be levied to pay
for the Services and other purposes described in
Resolution No. 2018-264?
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__.

Chenmei Cheng
Owner

Signature
Print Name
Title
Packet Pg. 577

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 7
(November 2, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino:

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

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. 2018-1, 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 October 19, 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 November 2, 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 November 2, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 578
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

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

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A MARK “YES” OR “NO” WITH AN “X”:

Shall the territory described in Attachment “A” of
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be annexed to
Community Facilities District No. 2018-1 (Safety
Services)?
YES _________
NO _________
PROPOSITION B MARK “YES” OR “NO” WITH AN “X”:

Shall a special tax with a rate and method of
apportionment as provided in Attachment “C” to
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be levied to pay
for the Services and other purposes described in
Resolution No. 2018-264?
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__.

Ann C. Lau
Owner

Signature
Print Name
Title
Packet Pg. 579

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 7
(November 2, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
Hanhsing Li 3.412 4
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

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. 2018-1, 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 October 19, 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 November 2, 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 November 2, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 580
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

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

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A MARK “YES” OR “NO” WITH AN “X”:

Shall the territory described in Attachment “A” of
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be annexed to
Community Facilities District No. 2018-1 (Safety
Services)?
YES _________
NO _________
PROPOSITION B MARK “YES” OR “NO” WITH AN “X”:

Shall a special tax with a rate and method of
apportionment as provided in Attachment “C” to
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be levied to pay
for the Services and other purposes described in
Resolution No. 2018-264?
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__.

Hanhsing Li
Owner

Signature
Print Name
Title
Packet Pg. 581

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 7
(November 2, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
Pacific West Company 6.599 7
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

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. 2018-1, 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 October 19, 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 November 2, 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 November 2, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 582
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

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

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A MARK “YES” OR “NO” WITH AN “X”:

Shall the territory described in Attachment “A” of
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be annexed to
Community Facilities District No. 2018-1 (Safety
Services)?
YES _________
NO _________
PROPOSITION B MARK “YES” OR “NO” WITH AN “X”:

Shall a special tax with a rate and method of
apportionment as provided in Attachment “C” to
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be levied to pay
for the Services and other purposes described in
Resolution No. 2018-264?
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__.

Pacific West Company
Owner

Signature
Print Name
Title
Packet Pg. 583
O
R
A
N
GE S
T
PALM
AVE

HIGHLAND AVE
^_
16TH ST ORANGE ST

CITRUS ST

PIEDMONT DR

HIGHLAND AVE

SEINEAVE

PALM AVE

CENTRAL AVE

HEMLOCK DR

PALM CREST DR

PACIFIC ST
·|}þ330
·|}þ210
CFD NO. 2018-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 7

PROJECT MAP
Packet Pg. 584

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; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department: Community & Economic Development (CED)
Subject: Amendment to Permanent Local Housing Allocation (PLHA) Program Subrecipient Agreement with Lutheran
Social Services of Southern California (LSSSC), Step Up on Second, Inc., and Mary’s Mercy Center.

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino approve a First Amendment to the Permanent Local Housing Allocation (PLHA) Program Subrecipient Agreements for the following non-profit agencies: Lutheran Social Services of Southern California, Step Up on Second and Mary’s Mercy Center.

Background
On February 26, 2020, the California Department of Housing and Community Development issued a Notice of Funding Availability to govern administration of PLHA funding to carry out programs and projects related to assisting or addressing the unmet housing needs of the local community. The City of San Bernardino then entered into the following agreements on March 11, 2021, for the implementation of the PLHA program:
• Lutheran Social Services of Southern California (LSSSC), a private non-profit corporation licensed to do business in the State of California, in an amount not to exceed $134,133.25 from PLHA to assist persons experiencing or at risk of homelessness within the City.
• Step Up on Second Street, Inc (Step Up), a private non-profit corporation Packet Pg. 585
licensed to do business in the State of California, in the amount not to exceed $107,432.25 from PLHA to assist homeless individuals, families and/or those “at-risk” of homelessness in the City.
• Mary’s Mercy Center, a private non-profit corporation licensed to do business in the State of California, in the amount of $42,983.25 from PLHA to assist homeless individuals in the City.

Discussion
Although LSSSC, Step Up and Mary’s Mercy Center each entered into a sub-recipient Agreement with the City on March 11, 2021, to utilize PLHA to assist homeless individuals, each agency has requested additional time to expend PLHA funding due to the fact that the Agreements were not fully executed until March 14, 2022. A modified date to the term of the Agreements will allow each non-profit agency additional time to expend PLHA funding on eligible activities related to programs and/or services designed to assist persons experiencing or at risk of homelessness within the City. The Agreements, as amended, shall take effect on March 11, 2021, and shall terminate on June 30, 2023, unless otherwise canceled or modified according to the terms of this agreement.
2021-2025 Strategic Targets and Goals
Acceptance of the PLHA grant will help to address unmet housing needs of the local community by providing housing for the homeless and family rental housing, which aligns with Key Target No. 3: Improved Quality of Life.

Fiscal Impact
No fiscal impact to the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve a First Amendment to the Permanent Local Housing Allocation Program Subrecipient Agreements for the following non-profit agencies: Lutheran Social Services of Southern California, Step Up on Second and Mary’s Mercy Center.

Attachments

Attachment 1 Resolution 2021-51
Attachment 2 Standard Agreement with the State of California Department of Housing and Community and Economic Development
Attachment 3 Original LSSSC Subrecipient Agreement Issued March 11, 2022 Attachment 4 First Amendment to PLHA Agreement Between LSSSC and the Packet Pg. 586
City.

Attachment 5 Original Step Up on Second Subrecipient Agreement Issued March 11, 2021.

Attachment 6 First Amendment to PLHA Agreement Between Step Up on Second and the City.

Attachment 7 Original Mary’s Mercy Center Subrecipient Agreement Issued March 11, 2021.

Attachment 8 First Amendment to PLHA Agreement Between Mary’s Mercy Center and the City.

Ward All Wards
Synopsis of Previous Council Actions
April 15, 2020 The Mayor and City Council adopted Resolution No. 2020-60, authorizing the submittal of a PLHA application.

May 20, 2020 The Mayor and City Council adopted Resolution No. 2020-79 authorizing the re-submittal of a PLHA application due to a modification to the State's template resolution, and Resolution 2020-92 approving the PLHA housing plan.

December 12, 2020 The Mayor and City Council adopted Resolution No. 2020- 290 authorizing the re-submittal of a PLHA application to authorize the new City Manager as signatory on the future Standard Agreement, and Resolution 2020-301 approving the PLHA housing plan.

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Packet Pg. 590
20-PLHA-15184
City of San Bernardino
Upon HCD Approval
$1,622,027.00

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL

SERVICES

STANDARD AGREEMENT
STD 213 (Rev. 03/2019)
AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if applicable)

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

CONTRACTING AGENCY NAME

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

CONTRACTOR'S NAME

2. The term of this Agreement is:

START DATE
6/30/2030

THROUGH END DATE

3. The maximum amount of this Agreement is:

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

EXHIBITS
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C* State of California General Terms and Conditions Exhibit D PLHA Program Terms and Conditions
Exhibit E Program-Specific Provisions and Special Conditions 5 TITLE PAGES
3 9
4 GTC - 04/2017
TOTAL NUMBER OF PAGES ATTACHED 21
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership,etc.) IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR

CONTRACTOR BUSINESS ADDRESS
290 North D Street
City of San Bernardino

CITY STATE ZIP
San Bernardino CA 92401

PRINTED NAME OF PERSON SIGNING TITLE

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of Housing and Community Development

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2020 W. El Camino Ave., Suite 130 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
Shaun Singh Contracts Manager,
Business & Contract Services Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
California Department of General Services Approval (or exemption, if applicable) Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 6/12/1981) Packet Pg. 591
City of San Bernardino
20-PLHA-15184

EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020

AUTHORITY, PURPOSE AND SCOPE OF WORK

1. Authority
Pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), which created the Building Homes and Jobs Trust Fund and the Permanent Local Housing Allocation (“PLHA”) Program (“Program”), this Standard Agreement along with all its exhibits (the “Agreement”) is entered under the authority of and in furtherance of the Program.

Pursuant to Health and Safety Code, Section 50470 (b), the California Department of Housing and Community Development (referred to herein as “HCD” or “Department”) has issued a Notice of Funding Availability (the “NOFA”), dated February 26, 2020, to govern administration of the fund and carry out the Program.

2. Purpose
In accordance with the authority cited above, an application was made to the State (the “Application”) for assistance from the Program for the purpose of making funding available to eligible local governments in California for housing related projects and programs that assist in addressing the unmet housing needs of their local communities.

By entering into this Agreement and thereby accepting the award of the PLHA grant funds (the “Grant”), the Contractor (sometimes referred to herein as the “Applicant”) agrees to comply with the terms and conditions of the NOFA, this Agreement, the representations contained in the Application, and the requirements of the authorities cited above.

3. Definitions
Capitalized terms not otherwise defined herein shall have the meaning of the definitions set forth in Health and Safety Code Section 50470 and Section 101 of the Guidelines.

4. Scope of Work
A. The scope of work (“Work”) for this Agreement shall consist of one or more of the following eligible uses:
1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary Operating subsidies.

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City of San Bernardino
20-PLHA-15184

EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in highcost areas. ADUs shall be available for a term of no less than thirty days. 3) Matching portions of funds placed into local or regional housing trust funds.
4) Matching portions of funds available through the Low- and ModerateIncome Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
5) Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.
6) Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
a) This Activity may include subawards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded California Emergency Solutions and Housing (CESH) program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households.
b) Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b).
7) Accessibility modifications in Lower-income Owner-occupied housing.

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City of San Bernardino
20-PLHA-15184

EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
9) Homeownership opportunities, including, but not limited to, down payment assistance.
10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low interest deferred loan to the Affordable housing Project.

B. A Local government that receives an allocation shall use no more than five percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are “activity costs” and not subject to the cap on “administrative costs.” A Local government may share any funds available for administrative costs with entities that are administering its allocation.

C. Two or more local governments that receive PLHA allocations may expend those moneys on an eligible jointly funded project as provided in Section 50470 (b)(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity pursuant to Section 301(a) and be located within the boundaries of one of the Local governments.

D. Entitlement Local governments may use the flow of PLHA funds to incentivize private lender loans and to guarantee payments for some or all public agency bond financings for activities consistent with the uses identified in Section 301 “Eligible Activities”. This loan guarantee Activity must be identified and fully explained in the Applicant’s “Plan”.

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City of San Bernardino
20-PLHA-15184

EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020

5. Department Contract Coordinator
The Department’s Contract Coordinator for this Agreement is the Division of Financial Assistance, Grant Management Section PLHA Manager or their designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the Department Contract Coordinator at the following address:

California Department of Housing and Community Development Attention: Permanent Local Housing Allocation (PLHA)
Grant Management Section, Suite 400
2020 West El Camino Avenue, CA 95833
P. O. Box 952050
Sacramento, CA 94252-2050

6. Contractor Contract Coordinator
The Contractor’s contract coordinator for this Agreement is the Authorized Representative listed below. Unless otherwise informed, any notice, report, or other communication required by this Agreement may be mailed by first class mail, or sent through a commercial courier to the Authorized Representative at the following address:

Authorized Representative Name: Robert D. Field
Rebekah Kramer
Authorized Representative Title: City Manager
Assist City Manager
Agency Name: City of San Bernardino
Address: 290 North D Street
San Bernardino, CA 92401
Phone No.: (909) 384-5138
Email Address: [email protected]

7. Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon approval by the Department, which is the date executed by all parties (such date, the “Effective Date”).

B. This Agreement shall terminate on June 30, 2030.

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City of San Bernardino
20-PLHA-15184

EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
C. Except for predevelopment expenses for construction projects funded by PLHA and costs to develop and prepare the Plan and the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds. Reimbursement of expenses to prepare the Plan and the PLHA application are subject to the cap on administrative fees.

D. Any Grant funds which have not been expended by the expenditure deadline shall be disencumbered and revert to the Department. The expenditure deadline is fifty-eight months from the date of the budget appropriation for each year of funds included in this Agreement.

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City of San Bernardino
20-PLHA-15184

EXHIBIT B
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Budget Detail
The budget detail is contained in Exhibit E in this Agreement.

Contractor will be responsible for maintaining oversight of grant amounts and determining whether an amended PLHA Plan is required due to reallocation of more than ten percent among Activities funded per Section 302(c)(5).

2. Conditions of Disbursement
Prior to receiving any Grant funds, the Contractor shall submit the following for the Department’s approval:

A. Government TIN Form, as applicable.

B. No Funding will be disbursed to Contractor unless Contractor and any delegating Local government has an approved Housing Element and is in compliance with the Housing Element Annual Progress Report requirements, pursuant to PLHA Program Guidelines section 302(a) and (b).

C. Contractor shall not be eligible to receive a new allocation if the Contractor has accrued an uncommitted amount of four times the pending allocation if the pending allocation is $125,000 or less; or $500,000 if the pending allocation is greater than $125,000 and less than $500,000; or the amount of the pending allocation if the allocation is $500,000 or more.

3. Performance
A. All funds must be disbursed within fifty-eight months of the budget appropriation.

Funds that are not disbursed within fifty-eight months of the budget appropriation will revert to the Housing Rehabilitation Loan Fund.

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City of San Bernardino
20-PLHA-15184

EXHIBIT B
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
B. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be reduced proportionate to those years already allocated, calculated at the time that the appropriation is reduced or terminated and reduced accordingly. All subsequent years shall be terminated, and the grant agreement shall be of no further force and effect, after amounts due for the period upon the reduced appropriation or termination are returned by the Contractor to the State. In this event, the State and Contractor shall be relieved of any and all obligations under this Agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the sole discretion to cancel this Agreement without cause, no liability occurring to the State, or amend the Agreement and amount allocated to Contractor.

4. Fiscal Administration
A. The Contractor may request a disbursement of 100 percent of total awarded Grant funds after executing the Standard Agreement. Administrative costs related to the planning and execution of eligible activities shall not exceed five percent of the Grant amount.

B. A separate checking account for the Grant funds is not required. However, the Contractor shall deposit Grant funds in an interest-bearing checking or savings account insured by the federal or state government. All interest earned from the deposit of Grant funds shall be used for eligible Program activities and accounted for in Contractor’s annual report.

C. The Contractor shall make a good faith effort to minimize the number of disbursement requests by anticipating and requesting funds in advance.

D. The Contractor may request that Grant funds awarded for a certain eligible activity be moved to another activity without an amendment to this Agreement.

This request must be made in writing to HCD if the change from one activity to another exceeds ten percent of the grant amount and shall be effective only upon written HCD approval. HCD’s decision to approve or deny any such request shall be final, absent fraud, mistake or arbitrariness per Section 302(c)(5).

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City of San Bernardino
20-PLHA-15184

EXHIBIT B
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020

5. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the subsequent years covered under this Agreement does not appropriate sufficient funds for the program this Agreement shall remain in force and effect until the time of notice of reduced or terminated appropriation, The Agreement shall be terminated by the State by providing Contractor written notice of not less than thirty days prior to the effective date of the termination. In the event of termination by the State due to lack of Budget appropriation, the State and Contractor shall be relieved of any and all obligations under this Grant Agreement on the effective date of termination and the Contractor shall return the amount for subsequent year allocations.

B. Subject to Section 5A. above, if funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the sole discretion to cancel this Agreement without cause, no liability occurring to the State, or amend the current Grant Agreement and amount allocated to Contractor.

Packet Pg. 599
City of San Bernardino
20-PLHA-15184

EXHIBIT D
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020

PLHA PROGRAM TERMS AND CONDITIONS

1. Effective Date, Commencement of Work
This Agreement is effective upon the date of the Department representative’s signature on page one of the fully executed Standard Agreement, STD 213. Contractor agrees that work under this agreement shall not commence until execution of the STD 213, (the “Effective Date”).

2. Strict Compliance
Contractor will strictly comply with the terms, conditions and requirements of the Permanent Local Housing Allocation (PLHA) Statutes, Guidelines, the Notice of Funding Availability (NOFA), and this Agreement.

3. Contractor’s Application for Funds
A. Contractor has submitted to the Department an Application for a Grant under the Program. The Department is entering into this Agreement based on, and in substantial reliance upon, Contractor’s facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by the Department. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement.

B. Contractor warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of Contractor’s knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the Grants or activities governed by this Agreement, then the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof.

Packet Pg. 600
City of San Bernardino
20-PLHA-15184

EXHIBIT D
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020

4. Eligible Activities
Grant funds awarded to the Contractor and expended by either the Contractor or any entity to which Contractor awards funds shall be used for the eligible activities set forth in Exhibit A as required by the PLHA Statutes. The following additional requirements shall apply:

A. Each Contractor shall submit a Plan detailing:
1) The manner in which allocated funds will be used for eligible activities. 2) A description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below sixty percent of AMI. Programs targeted at households at or below sixty percent of AMI will be deemed to meet this requirement. 3) A description of how the Plan is consistent with the programs set forth in the Local government’s Housing Element.
4) Evidence that the Plan was authorized and adopted by resolution by the Local government and that the public had an adequate opportunity to review and comment on its content.
5) The following for each proposed Activity:
a) A description of each proposed Activity, pursuant to Section 301 of the Guidelines and the percentage of funding allocated to it. The description shall specifically include the percentage of funds, if any, directed to Affordable Owner-Occupied Workforce Housing (AOWH).
b) The projected number of households to be served at each income level and a comparison to the unmet share of the Regional Housing Needs Allocation (RHNA) at each income level.
c) A description of major steps/actions and a proposed schedule required for the implementation and completion of the Activity. d) The period of affordability and level of affordability for each Activity. Rental Projects are required to have affordability periods of at least fifty-five years.

Packet Pg. 601
City of San Bernardino
20-PLHA-15184

EXHIBIT D
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
6) The Plan is required to be for a term of five years. Local governments shall obtain approval of the Department for amendments made to the Plan in each succeeding year of the term of the Plan. Reallocations of more than ten percent of funds among Activities require amendment of the Plan, with approval granted by the governing body at a publicly noticed public meeting.
7) If funds are used for the acquisition, construction, or rehabilitation of forsale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the following requirements if the property is no longer the primary residence of the homeowner due to sale, transfer or lease, unless it is in conflict with the requirements of another public funding source or law:

a) PLHA loan and any interest thereon shall be repaid to the Local government’s PLHA account. The Local government shall reuse the repayments consistent with the Eligible Activities per Section 301 of the Guidelines; or,
b) The initial owner and any subsequent owner shall sell the home at an Affordable housing cost to a qualified Lower-Income or Moderate-Income household; or,
c) The homeowner and the Local government shall share the equity in the unit pursuant to an equity-sharing agreement. The grantee shall reuse the proceeds of the equity-sharing agreement consistent with the Eligible Activities per Section 301 of the Guidelines. 8) If funds are used for the development of an affordable rental housing project, the Local government shall make the PLHA assistance in the form of a loan to the Sponsor of the project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust.
9) A program income reuse plan describing how repaid loans shall be reused for eligible activities specified in Section 301 of the Guidelines.

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City of San Bernardino
20-PLHA-15184

EXHIBIT D
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020

5. Core Practices
A. A Contractor or Subrecipient must provide eligible activities in a manner consistent with the housing first practices described in California Code of Regulations, title 25, section 8409(b)(1)-(6). A Contractor or Subrecipient allocated funds for eligible activities that provide permanent housing shall incorporate the core components of Housing First as provided in Section 8255(b) of the Welfare and Institutions Code.

6. Monitoring Grant Activities
A. Contractor shall monitor the activities selected and awarded by them to ensure compliance with PLHA requirements. An onsite monitoring visit of Subrecipients and any other service providers shall occur whenever determined necessary by the Contractor, but at least once during the Grant period.

B. The Department will monitor the performance of the Contractor based on a risk assessment and according to the terms of this Agreement. The Department may also monitor any Subrecipients of the Contractor as the Department deems appropriate based on a risk assessment.

C. As requested by the Department, the Contractor shall submit to the Department all PLHA monitoring documentation necessary to ensure that Contractor and its Subrecipients are in continued compliance with PLHA requirements. Such documentation requirements and the submission deadline shall be provided by the Department at the time such information is requested from the Contractor.

7. Reporting/Audits
A. Commencing with the Effective Date of this Agreement and continuing through the Expiration Date, the Contractor shall submit an annual report to the Department by July 31 of each year that reports all activities from the previous fiscal year (7/1–6/30), on forms provided by the Department.

The first report will be due on July 31, 2021 and will report all activities from date of initial fund disbursement through June 30, 2021.

B. The annual report shall contain a detailed report which must include, at a minimum:

1) Identification of the Eligible Activities to which the Contractor committed program funds, and the income levels of households assisted.

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City of San Bernardino
20-PLHA-15184

EXHIBIT D
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
2) Amounts awarded to Subrecipients with the activity(ies) identified; 3) Identification of the Eligible Activities upon which the Contractor expended program funds, and the income levels of households assisted and the affordability level for any units assisted; and, 4) Close out report for contracts that were fully expended and in which all activities funded were completed during the fiscal year.

C. The Department may request additional information as needed to meet other applicable reporting or audit requirements.

D. The Contractor is responsible for the completion of audits and all costs of preparing audits.

E. The Department reserves the right to perform or cause to be performed a financial audit. At the Department’s request, the Contractor shall provide, at its own expense, a financial audit prepared by a certified public accountant.

F. If a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in 24 CFR 85.36. 1) The Contractor shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers.
2) The Contractor is responsible for the completion of audits and all costs of preparing audits.
3) If there are audit findings, the Contractor must submit a detailed response acceptable to the Department for each audit finding within ninety (90) days from the date of the audit finding report.

8. Retention and Inspection of Records
A. The Contractor is responsible for maintaining records, which fully disclose the activities funded by the Grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to Grant funds.

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City of San Bernardino
20-PLHA-15184

EXHIBIT D
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
B. The Contractor agrees that the Department or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The Contractor agrees to provide the Department or its designee, with any relevant information requested. The Contractor agrees to permit the Department or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the PLHA Statutes, the NOFA, and this Agreement.

C. The Contractor further agrees to retain all records for a period of five years after the end of the term of this Agreement:
1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues, which arise from it.
2) The Contractor also agrees to include in any contract that it enters into in an amount exceeding $10,000, the Department’s right to audit the contractor’s records and interview their employees. The Contractor shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Code Section 10115.10.

D. The determination by the Department of the eligibility of any expenditure shall be final. If the eligibility of any expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and HCD shall determine the reimbursement method for the amount disallowed.

E. The Contractor shall retain all books and records relevant to this Agreement for a minimum of five years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter.

9. Breach and Remedies
A. The following shall each constitute a breach of this Agreement:
1) Contractor’s failure to comply with the terms of this Agreement.

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City of San Bernardino
20-PLHA-15184

EXHIBIT D
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
2) Use of, or permitting the use of, Grant funds provided under this Agreement for any ineligible costs or for activities not approved under this Agreement.
3) Any failure to comply with the deadlines set forth in this Agreement.

B. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may:
1) Bar the Contractor from applying for future PLHA and other HCD funds; 2) Revoke any other existing PLHA award(s) to the Contractor; 3) Require the return of any unexpended PLHA funds disbursed under this Agreement;
4) Require repayment of PLHA funds disbursed and expended under this agreement;
5) Require the immediate return to the Department of all funds derived from the use of PLHA funds including, but not limited to recaptured funds and returned funds;
6) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with the PLHA Program requirements; and,
7) Seek such other remedies as may be available under the relevant agreement or any law.

C. All remedies available to the Department are cumulative and not exclusive.

D. The Department may give written notice to the Contractor to cure the breach or violation within a period of not less than fifteen days.

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City of San Bernardino
20-PLHA-15184

EXHIBIT D
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020

10. Termination
A. The Department may terminate this Agreement at any time for cause by giving a minimum of thirty days’ notice of termination, in writing, to the Contractor. Cause shall consist of, violations of any terms and/or special conditions of this Agreement, the PLHA Statutes, or the NOFA. Upon termination of this Agreement, unless otherwise approved in writing by the Department, any unexpended funds received by the Contractor shall be returned to the Department within thirty days of the notice of termination.

B. This Agreement is subject to any additional restrictions, limitations or conditions, or statute, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or the State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.

C. The Department has the option to terminate this Agreement under the thirty-day cancellation clause or to amend this Agreement to reflect any reduction of funds.

11. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.

12. Relocation
Contractor shall comply with all requirements of applicable California relocation law (Gov. Code, § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.). Any relocation plan for the Development shall be subject to the review and approval by the State.

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City of San Bernardino
20-PLHA-15184

EXHIBIT D
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020

13. Special Conditions Contractors and Subrecipients
The Contractor agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of the Department prior to disbursement of funds. The Contractor shall ensure that all Subrecipients are made aware of and agree to comply with all conditions of this Agreement and the applicable State requirements governing the use of Grant funds. The Contractor shall ensure that all Subrecipients are qualified to do business and in good standing with the California Secretary of State and the California Franchise Tax Board. Failure to comply with these conditions may result in cancellation of this Agreement.

14. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Contractor agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Grant, the Contractor, its Subrecipients, and any other Grant activity.

15. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.

B. The Contractor shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.

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City of San Bernardino
20-PLHA-15184

EXHIBIT E
Permanent Local Housing Allocation (PLHA) Program - Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020

PROGRAM-SPECIFIC PROVISIONS AND SPECIAL CONDITIONS

1. Program-Specific Provisions
The following are project-specific terms and conditions (referred to as enumerated provision(s) for ease of reference in prior exhibits) and shall inform the references made to project-specific information not contained in those prior exhibits.

Budget Detail:

Contractor has been awarded the following grant activity amounts for 2019: $1,622,027 Estimated five year allocation may not exceed: $9,732,162 Payees:

A. The authorized Payee(s) is/are as specified below:

Name: City of San Bernardino
Amount: $1,622,027
Plan:

Activity 1 – Affordable Rental Housing Project.

The PLHA funds will be used to assist with gap financing for multifamily rental housing projects identified in City's approved Pipeline Project List.

Funding Allocation Year 2019 2020 2021 2022 2023
Type of Activity
Affordable
Rental
Housing
Affordable
Rental
Housing
Affordable
Rental
Housing
Affordable
Rental
Housing
Affordable
Rental
Housing
Percentage of Funds
Allocated for each Activity 40% 40% 45% 50% 45%
Area Median Income Level
Served 60% 60% 60% 60% 60%
Packet Pg. 609
City of San Bernardino
20-PLHA-15184

EXHIBIT E
Permanent Local Housing Allocation (PLHA) Program - Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
Activity 2 – Preservation of Affordable Rental and Ownership Housing.

The City will utilize PLHA funds to expand the existing homeownership preservation program for households with incomes of up to 120% of AMI (workforce housing).

Funding Allocation Year 2019 2020 2021 2022 2023
Type of Activity Owner Owner Owner Owner Owner
Percentage of Funds
Allocated for each Activity 35% 30% 30% 25% 30%
Area Median Income Level
Served 120% 120% 120% 120% 120%
Activity 6 – Emergency Shelters and Transitional Housing.

The PLHA funds will be used to help fund the rehabilitation of the City's Men’s Shelter.

Another component of the City's planned PLHA homeless assistance will be homelessness prevention, rapid rehousing, shelter operations, and street outreach provided by the following City-contracted community service providers: Step Up on Second, Salvation Army, Community Action Partnership of San Bernardino (CAPS), and Family Service Association of Redlands (FSA). The City anticipates providing services to an additional 100 homeless persons by increased funding to service providers with PLHA funds.

Funding Allocation Year 2019 2020 2021 2022 2023
Type of Activity Emergency
Shelters
Emergency
Shelters Transitional Transitional Transitional
Percentage of Funds
Allocated for each Activity 25% 20% 10% 10% 10%
Area Median Income
Level Served 30% 30% 30% 30% 30%

Packet Pg. 610
City of San Bernardino
20-PLHA-15184

EXHIBIT E
Permanent Local Housing Allocation (PLHA) Program - Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
Activity 9 – Home Buyer Assistance.

The City will utilize PLHA funds to expand the existing homeownership program.

Funding Allocation
Year 2019 2020 2021 2022 2023
Type of Homeowner
Assistance
Home Buyer
Assistance
Home Buyer
Assistance
Home Buyer
Assistance
Home Buyer
Assistance
Home Buyer
Assistance
Percentage of
Funds Allocated for
each Activity
10% 15% 15% 15%
Area Median Income
Level Served 120% 120% 120% 120%

Packet Pg. 611
City of San Bernardino
20-PLHA-15184

EXHIBIT E
Permanent Local Housing Allocation (PLHA) Program - Grant NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020

2. Special Terms and Conditions
The following Special Conditions are applicable to this Standard Agreement:

None.

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55600.00100\40416001.2
1 FIRST AMENDMENT TO THE

PERMANENT LOCAL HOUSING ALLOCATION

SUBRECIPIENT AGREEMENT BETWEEN

THE CITY OF SAN BERNARDINO
AND

LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA
FISCAL YEAR 2022-2023

1. PARTIES AND DATE.

This First Amendment to Permanent Local Housing Allocation Program Subrecipient Agreement (the “Agreement”) between the City of San Bernardino and Lutheran Social Services of Southern California (“First Amendment”) is entered into on the __________ day of ___________, 2022, by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California (“City”) and Lutheran Social Services of Southern California, a California non-profit organization (“Subrecipient”) (DUNS #198953929). City and Subrecipient are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 The City has been allocated funds under the Permanent Local Housing Allocation (“PLHA”) Program pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), which created the Building Homes and Jobs Trust Fund and the PLHA Program ("Program").

Pursuant to Health and Safety Code section 50470(b), the California Department of Housing and Community Development (referred to herein as "HCD" or "Department") issued a Notice of Funding Availability (the "NOFA"), dated February 26, 2020, to govern administration of the fund and carry out the Program and entered in to Agreement Number 20-PLHA-15184 with City (“Grant Agreement”).

2.2 The Parties entered into an Agreement dated March 11, 2021 (“Agreement”) to provide temporary housing services, as authorized by the Program, contingent upon an allocation and receipt of PLHA funds from HCD and the authorization given to the City to use a portion of its allocation in the amount set forth in the Grant Agreement. The Program expenditure deadline for allocated funds is fifty-eight months from the date of the budget appropriation for each year that funds are allocated to the City. HCD approved the City’s allocation on October 5, 2020, and pursuant to Health and Safety Code section 50470(b)(2)(B)(ii)(VI), all funds allocated to the City on October 5, 2020, must be expended by October 4, 2025.

2.3 Pursuant to the Agreement, Subrecipient is bound by the standard terms and conditions in the Grant Agreement and such rules, regulations or requirements as HCD may reasonably impose.

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2 2.4 The Parties now desire to amend the Agreement to extend the term of the Agreement until June 30, 2023.

NOW, THEREFORE, in consideration of the Recitals and the terms and conditions set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties set forth their mutual covenants and understandings as follows:

3. TERMS

3.1 Term of Agreement. Section II “Term of Agreement” of the Agreement is hereby amended in its entirety to read as follows:

This Agreement shall take effect on March 11th, 2021, and shall terminate on June 30, 2023, unless otherwise cancelled or modified according to the terms of this Agreement.

3.2 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
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55600.00100\40416001.2
3 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year above written.

CITY OF SAN BERNARDINO
A California Municipal Corporation

LUTHERAN SOCIAL SERVICES OF

SOUTHERN CALIFORNIA (LSSSC)
A California Non-Profit Corporation
By:

Robert D. Field
City Manager
By:

Zellie D. Hudson III
CFO/Executive Vice President
APPROVED AS TO FORM:

By:

Thomas Rice
Assistant City Attorney
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55600.00100\40497104.1
1 FIRST AMENDMENT TO THE

PERMANENT LOCAL HOUSING ALLOCATION

SUBRECIPIENT AGREEMENT BETWEEN

THE CITY OF SAN BERNARDINO
AND
STEP UP ON SECOND STREET, INC.

FISCAL YEAR 2022-2023

1. PARTIES AND DATE.

This First Amendment to Permanent Local Housing Allocation Program Subrecipient Agreement (the “Agreement”) between the City of San Bernardino and Step Up on Second Street, Inc. (“First Amendment”) is entered into on the __________ day of ___________, 2022, by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California (“City”) and Step Up on Second Street, Inc., a California non-profit organization (“Subrecipient”) (DUNS #362990244). City and Subrecipient are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 The City has been allocated funds under the Permanent Local Housing Allocation (“PLHA”) Program pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), which created the Building Homes and Jobs Trust Fund and the PLHA Program ("Program").

Pursuant to Health and Safety Code section 50470(b), the California Department of Housing and Community Development (referred to herein as "HCD" or "Department") issued a Notice of Funding Availability (the "NOFA"), dated February 26, 2020, to govern administration of the fund and carry out the Program and entered in to Agreement Number 20-PLHA-15184 with City (“Grant Agreement”).

2.2 The Parties entered into an Agreement dated March 11, 2021 (“Agreement”) to provide temporary housing services, as authorized by the Program, contingent upon an allocation and receipt of PLHA funds from HCD and the authorization given to the City to use a portion of its allocation in the amount set forth in the Grant Agreement. The Program expenditure deadline for allocated funds is fifty-eight months from the date of the budget appropriation for each year that funds are allocated to the City. HCD approved the City’s allocation on October 5, 2020, and pursuant to Health and Safety Code section 50470(b)(2)(B)(ii)(VI), all funds allocated to the City on October 5, 2020, must be expended by October 4, 2025.

2.3 Pursuant to the Agreement, Subrecipient is bound by the standard terms and conditions in the Grant Agreement and such rules, regulations or requirements as HCD may reasonably impose.

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55600.00100\40497104.1
2 2.4 The Parties now desire to amend the Agreement to extend the term of the Agreement until June 30, 2023.

NOW, THEREFORE, in consideration of the Recitals and the terms and conditions set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties set forth their mutual covenants and understandings as follows:

3. TERMS

3.1 Term of Agreement. Section II “Term of Agreement” of the Agreement is hereby amended in its entirety to read as follows:

This Agreement shall take effect on March 11th, 2021, and shall terminate on June 30, 2023, unless otherwise cancelled or modified according to the terms of this Agreement.

3.2 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
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55600.00100\40497104.1
3 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year above written.

CITY OF SAN BERNARDINO
A California Municipal Corporation
STEP UP ON SECOND STREET, INC.

A California Non-Profit Corporation
By:

Robert D. Field
City Manager
By:

Tod Lipka
Chief Executive Officer
APPROVED AS TO FORM:

By:

Thomas Rice
Assistant City Attorney
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55600.00100\40497088.1
1 FIRST AMENDMENT TO THE

PERMANENT LOCAL HOUSING ALLOCATION

SUBRECIPIENT AGREEMENT BETWEEN

THE CITY OF SAN BERNARDINO
AND
MARY’S MERCY CENTER
FISCAL YEAR 2022-2023

1. PARTIES AND DATE.

This First Amendment to Permanent Local Housing Allocation Program Subrecipient Agreement (the “Agreement”) between the City of San Bernardino and Mary’s Mercy Center (“First Amendment”) is entered into on the __________ day of ___________, 2022, by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California (“City”) and Mary’s Mercy Center, a California non-profit organization (“Subrecipient”) (DUNS #003039190). City and Subrecipient are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 The City has been allocated funds under the Permanent Local Housing Allocation (“PLHA”) Program pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), which created the Building Homes and Jobs Trust Fund and the PLHA Program ("Program").

Pursuant to Health and Safety Code section 50470(b), the California Department of Housing and Community Development (referred to herein as "HCD" or "Department") issued a Notice of Funding Availability (the "NOFA"), dated February 26, 2020, to govern administration of the fund and carry out the Program and entered in to Agreement Number 20-PLHA-15184 with City (“Grant Agreement”).

2.2 The Parties entered into an Agreement dated March 11, 2021 (“Agreement”) to provide temporary housing services, as authorized by the Program, contingent upon an allocation and receipt of PLHA funds from HCD and the authorization given to the City to use a portion of its allocation in the amount set forth in the Grant Agreement. The Program expenditure deadline for allocated funds is fifty-eight months from the date of the budget appropriation for each year that funds are allocated to the City. HCD approved the City’s allocation on October 5, 2020, and pursuant to Health and Safety Code section 50470(b)(2)(B)(ii)(VI), all funds allocated to the City on October 5, 2020, must be expended by October 4, 2025.

2.3 Pursuant to the Agreement, Subrecipient is bound by the standard terms and conditions in the Grant Agreement and such rules, regulations or requirements as HCD may reasonably impose.

2.4 The Parties now desire to amend the Agreement to extend the term of the Agreement until June 30, 2023.

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2 NOW, THEREFORE, in consideration of the Recitals and the terms and conditions set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties set forth their mutual covenants and understandings as follows:

3. TERMS

3.1 Term of Agreement. Section II “Term of Agreement” of the Agreement is hereby amended in its entirety to read as follows:

This Agreement shall take effect on March 11th, 2021, and shall terminate on June 30, 2023, unless otherwise cancelled or modified according to the terms of this Agreement.

3.2 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
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3 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year above written.

CITY OF SAN BERNARDINO
A California Municipal Corporation
MARY’S MERCY CENTER
A California Non-Profit Corporation
By:

Robert D. Field
City Manager
By:

Dan Flores
Executive Director
APPROVED AS TO FORM:

By:

Thomas Rice
Assistant City Attorney
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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
By: Nathan Freeman, Agency Director of Community, Housing and Economic Development
Department: Community & Economic Development (CED)
Subject: Authorization to Proceed with Street Vacation of a Portion of East Drake Drive (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of East Drake Drive.

Background
Streets and Highways Code (SHC) section 8312, gives a City’s legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.

A petition to vacate a portion of East Drake Street was received on June 16, 2022, from Plehn Family, LLC. The stated reason for the petition to vacate this portion of East Drake Street is to accommodate a new commercial development.

Discussion
If authorization is given to proceed, an investigation and analysis will begin and all City departments, County Fire, utilities, and affected property owners will be notified of the Packet Pg. 672
proposal and will be provided an opportunity to comment on any conflicts and/or potential issues or concerns. Future actions by the City will consist of:
• Resolution of Intention by the Mayor and City Council setting a Public Hearing pursuant to Streets and Highway Code Section 8320;
• Publication of Notices of Vacation pursuant to Streets and Highways Code Sections 8322 & 8323;
• Public Hearing and Resolution of Vacation pursuant to Streets and Highways Code Section 8324; and
• Recordation of the Resolution of Vacation pursuant to Streets and Highways Code Section 8325.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 2: Focused, Aligned Leadership and Unified Community, specifically 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.

Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $1,020 in fees.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of East Drake Drive.

Attachments
Attachment 1 Petition
Attachment 2 Grant Deed
Attachment 3 Legal Description and Plat Map
Attachment 4 Aerial Map
Ward
Third Ward
Synopsis of Previous Council Actions
None
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Plehn Family LLC
Northwest Corner of S Foisy St and E Drake Drive 714-779-8794 Drake St just south of Property, considered a dead end.

In order to make current
property a more feaseble building site. Purposed use is a small warehouse.

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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
By: Nathan Freeman, Agency Director of Community, Housing and Economic Development
Department: Community & Economic Development (CED)
Subject: Irrevocable Agreement to Annexation No. 2022-368 (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-197 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to property located within the unincorporated territory at 1200 East 40th Street, San Bernardino, California; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

Background
On July 13, 2022, the San Bernardino Municipal Water Department received a request for sewer service from the owners of a parcel located at 1200 E 40th Street, San Bernardino, California, (APN: 0270-161-14) for a connection to the sewer collection system. The property owners are requesting a connection to the sewer collection system serving the proposed development of an accessory dwelling unit with a 2-car attached garage.

In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and Packet Pg. 686
creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands.

In September of 1997 the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,326 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement.

The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future.

Discussion
The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing industrial use is consistent with the City's General Plan. The Water Department has determined that there is an available 8-inch vitrified clay pipe sanitary sewer main fronting the subject parcel.

LAFCO requires the Agency providing the service complete the application. The resolution will allow the City to submit an application to LAFCO if approved by Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant.
2021-2025 Key Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Economic Growth & Development - Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area.

Fiscal Impact
There is no fiscal impact associated with this action. The fee of $1,300 for sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-197 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to property located within the unincorporated territory at 1200 East 40th Street, San Bernardino, California; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

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Attachments
Attachment 1 Resolution No. 2022 -197
Attachment 2 Resolution No. 2022-197; Exhibit A – Irrevocable Agreement to Annex
Attachment 3 Vicinity Map
Attachment 4 Site Plan
Attachment 5 Application
Ward: Fourth Ward
Synopsis of Previous Council Actions:

September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries.

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Resolution No. 2022-197
Resolution 2022-197
September 21, 2022

RESOLUTION NO. 2022-197

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE APPLICATION TO THE LOCAL

AGENCY FORMATION COMMISSION TO PROVIDE CITY

SEWER SERVICES TO PROPERTY LOCATED WITHIN
THE UNINCORPORATED TERRITORY AT 1200 EAST 40TH
STREET, SAN BERNARDINO, CALIFORINA; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE AN

IRREVOCABLE AGREEMENT TO ANNEX
WHEREAS, Angel E. Solache and Brenda E. Solache, as Trustees of the Angel and Brenda Solache Family Trust, dated March 17, 2017, the owners of the property located in an unincorporated area at 1200 East 40th Street, San Bernardino, California, also known as Assessor’s Parcel Number 0270-161-14, have requested connection to the City of San Bernardino’s sewage system; and
WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owners are requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO.

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. That the Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 1200 East 40th Street, Assessor’s Parcel Number 0270-161-14, more fully described as follows:

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Resolution No. 2022-197
Resolution 2022-197
September 21, 2022

LEGAL DESCRIPTION
A PORTION OF LOT(S) 3, JOHN HANCOCK SURVEY, AS SHOWN BY MAP ON FILE IN BOOK 2 PAGE(S) 42, OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SECTION 13, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, WHICH IS ALSO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 88 DEG. 46' EAST ALONG THE SOUTH LINE OF SAID SECTION 13, WHICH IS ALSO THE CENTERINE OF 40TH STREET, A DISTANCE OF 351.10 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 DEG. 46' EAST 191.90 FEET; THENCE NORTH 271.72 FEET; THENCE EAST 3 FEET; THENCE NORTH 64 FEET; THENCE WEST 3 FEET; THENCE NORTH 140.40 FEET; THENCE SOUTH 59 DEG. 43' WEST 325.75 FEET; THENCE SOUTH 0 DEG. 37' EAST 358.57 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION DEEDED TO THE COUNTY OF SAN BERNARDINO DESCRIBED AS FOLLOWS:

COMMENCNG AT THE SOUTHWEST CORNER OF SECTION 13, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, WHICH IS ALSO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 88 DEG. 46' EAST ALONG THE SOUTH LINE OF SAID SECTION 13, WHICH IS ALSO THE CENTERLINE OF 40TH STREET, A DISTANCE OF 351.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 88 DEG. 46' EAST A DISTANCE OF 191.90 FEET; THENCE NORTH A DISTANCE OF 50.01 FEET, MORE OR LESS, TO A POINT ON A LINE DRAWN PARALLEL WITH AND DISTANT 50.00 FEET NORTH OF SAID SOUTH LINE OF SECTION 13; THENCE NORTH 88 DEG. 46' WEST ALONG SAID PARALLEL LINE A DISTANCE OF 192.33 FEET, MORE OR LESS, TO A POINT ON THE WEST LINE OF THE PROPERTY CONVEYED TO EDWARD P. FOGG, ET UX, BY DEED RECORDED JULY 1, 1955 IN BOOK 3681, PAGE 147 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 0 DEG. 29' 39" EAST (RECORD SOUTH 0 DEG. 37' EAST) ALONG SAID WEST LINE A DISTANCE OF 50.02 FEET TO THE TRUE POINT OF BEGINNING, RECORDED MARCH 21, 1966 IN BOOK 6591,PAGE 549, OF OFFICIAL RECORDS.

SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2022-369, a copy of which is attached as Exhibit “A”.

SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.

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 Packet Pg. 690
Resolution No. 2022-197
Resolution 2022-197
September 21, 2022

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

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

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2022-197
Resolution 2022-197
September 21, 2022

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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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)

IRREVOCABLE AGREEMENT TO ANNEX
No. 2022-368
This Irrevocable Agreement to Annex (“Agreement”), is entered into this 21st day of September, 2022; by and between Angel E. Solache and Brenda E. Solache, as Trustees of the Angel and Brenda Solache Family Trust, dated March 17, 2017, hereinafter referred to as “OWNERS,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNERS and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”.

RECITALS:

WHEREAS, OWNERS hold title to the parcel located at 1200 East 40th Street, San Bernardino, California, APN 0270-161-14, and parcel is further described as follows:

A PORTION OF LOT(S) 3, JOHN HANCOCK SURVEY, AS SHOWN BY MAP ON FILE IN BOOK 2 PAGE(S) 42, OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SECTION 13, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, WHICH IS ALSO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 88 DEG. 46' EAST ALONG THE SOUTH LINE OF SAID SECTION 13, WHICH IS ALSO THE CENTERINE OF 40TH STREET, A DISTANCE OF 351.10 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 DEG. 46' EAST 191.90 FEET; THENCE NORTH 271.72 FEET; THENCE EAST 3 FEET; THENCE NORTH 64 FEET; THENCE WEST 3 FEET; THENCE NORTH 140.40 FEET; THENCE SOUTH 59 DEG. 43' WEST 325.75 FEET; THENCE SOUTH 0 DEG. 37' EAST 358.57 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION DEEDED TO THE COUNTY OF SAN BERNARDINO DESCRIBED AS FOLLOWS:

COMMENCNG AT THE SOUTHWEST CORNER OF SECTION 13, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, WHICH IS ALSO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 88 DEG. 46' EAST ALONG THE SOUTH LINE OF SAID SECTION 13, WHICH IS ALSO THE CENTERLINE OF 40TH

EXHIBIT A
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2022-369 LAFCO SC # _____ STREET, A DISTANCE OF 351.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 88 DEG. 46' EAST A DISTANCE OF 191.90 FEET; THENCE NORTH A DISTANCE OF 50.01 FEET, MORE OR LESS, TO A POINT ON A LINE DRAWN PARALLEL WITH AND DISTANT 50.00 FEET NORTH OF SAID SOUTH LINE OF SECTION 13; THENCE NORTH 88 DEG. 46' WEST ALONG SAID PARALLEL LINE A DISTANCE OF 192.33 FEET, MORE OR LESS, TO A POINT ON THE WEST LINE OF THE PROPERTY CONVEYED TO EDWARD P. FOGG, ET UX, BY DEED RECORDED JULY 1, 1955 IN BOOK 3681, PAGE 147 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 0 DEG. 29' 39" EAST (RECORD SOUTH 0 DEG. 37' EAST) ALONG SAID WEST LINE A DISTANCE OF 50.02 FEET TO THE TRUE POINT OF BEGINNING, RECORDED MARCH 21, 1966 IN BOOK 6591,PAGE 549, OF OFFICIAL RECORDS.

WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNERS desire to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon OWNER’s heirs, successors and assigns.

NOW, THEREFORE, the Parties hereto agree as follows:

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IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-367 LAFCO SC # _____ SECTION I OWNERS AGREE:
a. To consent to the annexation of the Property to the CITY. OWNERS agree to covenant for itself, its agents, employees, contractors, heirs, successors and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNERS and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNERS and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors and assigns; and that said Agreement shall be irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system.
f. To make application to LAFCO, and allow CITY to make application on behalf of the OWNERS and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNERS acknowledge and agree that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNERS or Successor failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may Packet Pg. 695
IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-367 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNERS to provide for alternative service.
i. OWNERS agree to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt and debris. j. OWNERS shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement.

SECTION II CITY AGREES:
a. To allow OWNER’s parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits.

SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNERS securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNERS acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the Packet Pg. 696
IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-367 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.

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IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-367 LAFCO SC # _____

SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above.

CITY OF SAN BERNARDINO
Approved By:

OWNERS
__________________________________
Robert D. Field Angel E. Solache
City Manager
Brenda E. Solache
__________________________________
City Attorney
Attested By:
__________________________________
Genoveva Rocha
CMC, City Clerk
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-367 LAFCO SC # _____

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-367 LAFCO SC # _____

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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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
By: Nathan Freeman, Agency Director of Community, Housing and Economic Development
Department: Community & Economic Development (CED)
Subject: Irrevocable Agreement to Annex No. 2022-369 (Ward 4) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2022-196, approving the application to the Local Agency Formation Commission to provide City sewer services to property located within the unincorporated territory at Newmark Avenue and 40th Street, San Bernardino, California and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

Background
The San Bernardino Municipal Water Department has recently received a request for sewer service from the owner of two parcels located northeast of the intersection of Newmark Avenue and W 40th Street (APNs: 0271-031-03 and 0271-031-04) for a connection to the sewer collection system. The property owner is requesting a connection to the sewer collection system serving the proposed development of 28 multi-family residences.

In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is Packet Pg. 704
contiguous to City boundaries; however, annexation of this property would result in other islands.

In September of 1997 the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,326 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement.

The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future.

Discussion
The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve the subject property and the Water Department has indicated that the existing industrial use is consistent with the City's General Plan. The Water Department has also determined that there is an available 8-inch vitrified clay pipe sanitary sewer main within 220 feet of Newmark Avenue, fronting the subject parcel.

LAFCO requires the agency providing the service to complete the application. The resolution will allow the City to submit an application to LAFCO if approved by the Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant. 2021-2025 Key Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Economic Growth & Development - Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area.

Fiscal Impact
There is no fiscal impact associated with this action. The $1,326 for the sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2022-196, approving the application to LAFCO to provide City sewer services to property located within the unincorporated territory at Newmark Avenue and 40th Street, San Bernardino, California and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

Attachments
Packet Pg. 705
Attachment 1 Resolution No. 2022 -196
Attachment 2 Exhibit A - Irrevocable Agreement to Annex Attachment 3 Vicinity Map
Attachment 4 Application
Ward
Fourth Ward
Synopsis of Previous Council Actions
September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries.

Packet Pg. 706
Resolution No. 2022-196
Resolution 2022-196
September 21, 2022