Mayor and City Council
November 2, 2022

Redemption notices shall be sent to DTC. If less than all of the Bonds within a maturity are being prepaid, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed.

Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy).

Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the City or the Fiscal Agent, on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, the Fiscal Agent, or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or the Fiscal Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants.

A Bond Owner shall give notice to elect to have its Bonds purchased or tendered, through its Participant, to the Fiscal Agent, and shall effect delivery of such Bonds by causing the Direct Participant to transfer the Participant’s interest in the Bonds, on DTC’s records, to the Fiscal Agent. The requirement for physical delivery of Bonds in connection with an optional tender or a mandatory purchase will be deemed satisfied when the ownership rights in the Bonds are transferred by Direct Participants on DTC’s records and followed by a bookentry credit of tendered Bonds to the Fiscal Agent’s DTC account.

DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the City or the Fiscal Agent. Under such circumstances, in the event that a successor depository is not obtained, physical certificates are required to be printed and delivered.

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G-3
The City may decide to discontinue use of the system of book-entry only transfers through DTC (or a successor securities depository). In that event, Bonds will be printed and delivered to DTC.

THE FISCAL AGENT, AS LONG AS A BOOK-ENTRY ONLY SYSTEM IS USED FOR THE

BONDS, WILL SEND ANY NOTICE OF REDEMPTION OR OTHER NOTICES TO OWNERS ONLY TO DTC. ANY FAILURE OF DTC TO ADVISE ANY DTC PARTICIPANT, OR OF ANY DTC PARTICIPANT

TO NOTIFY ANY BENEFICIAL OWNER, OF ANY NOTICE AND ITS CONTENT OR EFFECT WILL NOT

AFFECT THE VALIDITY OF SUFFICIENCY OF THE PROCEEDINGS RELATING TO THE REDEMPTION

OF THE BONDS CALLED FOR REDEMPTION OR OF ANY OTHER ACTION PREMISED ON SUCH NOTICE.

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: November 2, 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, Housing, & Economic Development (CED) Subject: Property Tax Exchange Agreement for the Annexation of Mountain View Avenue Bridge into the City of San
Bernardino and detachment from the City of Redlands
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2022-224 of the Mayor and City Council of the City of San Bernardino, California, determining there will be no property tax revenues to be exchanged between the City of San Bernardino, the City of Redlands, and the San Bernardino County Fire Protection District resulting from the jurisdictional change described by LAFCO case number 3258 for portions of real property of approximately

6.27 acres in total area located at the Mountain View Avenue Bridge (portions of APN 0292-011-37-0000, APN 0292-011-42-0000, and portion of the road bridge) (Attachment 1).

Background
In 2013, the City of San Bernardino entered into a Memorandum of Understanding (MOU) with the Inland Valley Development Agency (IVDA) and the City of Redlands as a project close-out requirement of the Mountain View Avenue bridge construction project - Phase I over the Santa Ana River, south of the San Bernardino International Airport (Attachment 2). Under the terms of the MOU, IVDA would file appropriate documents with the San Bernardino County Local Agency Formation Commission (LAFCO) to process a minor annexation to move the municipal jurisdictional line on the Mountain View bridge from the center line of the bridge to the easterly right-of-way, effectively maintaining the entirety of the bridge within the jurisdictional boundaries of the City of San Bernardino. IVDA currently retains ownership, maintenance, and inspection responsibilities for the bridge structure itself. Construction of the Mountain View Avenue bridge was completed in 2021.

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In March 2022, IVDA submitted an application packet with LAFCO to initiate proceedings pursuant to the Cortese-Knox-Herzberg Local Government Reorganization Act of 2000 of the California Government Code. The two actions applied for by IVDA include the following:
• LAFCO 3257 – A Sphere of Influence Amendment to expand the City of San Bernardino’s jurisdictional sphere, expand San Bernardino County Fire Protection District’s responsibility area, and reduce the City of Redlands’ sphere; and • LAFCO 3258 – Reorganization to include Annexation to the City of San Bernardino and the San Bernardino County Fire Protection District, including the Valley Service Zone and Service Zone FP-5, and Detachment from the City of Redlands.

Discussion
IVDA has requested that the City of San Bernardino annex approximately 6.27 acres in conjunction with a detachment from the City of Redlands of land underlying, and adjacent to, the Mountain View Avenue Bridge (Bridge) over the Santa Ana River. The Bridge is generally located south of the San Bernardino International Airport and Central Avenue, north of Riverview Drive, east of Tippecanoe Avenue and west of Marigold Avenue (Attachment 3).

Currently, the centerline of the Bridge is aligned with the boundary between the cities of San Bernardino on the west and Redlands on the east. This annexation and detachment will adjust the boundary to include the entirety of the Bridge and the underlying riverbed within the City of San Bernardino.

IVDA currently performs all bridge maintenance services for the Mountain View Avenue bridge and has agreed to remain responsible for all maintenance and repair of the bridge following the annexation at no cost to the City of San Bernardino. Locating the bridge wholly within one jurisdiction will provide greater clarity on the responsible agencies and allow IVDA to coordinate with one agency rather than two when maintenance is required.

The reorganization will also require annexation to the San Bernardino County Fire Protection District and its respective Service Zones. The annexation and detachment will be accomplished through a Reorganization that will be reviewed and considered by the County of San Bernardino Local Agency Formation Commission for San Bernardino County (LAFCO). The Reorganization must be accompanied by a companion expansion of the City of San Bernardino and San Bernardino County Fire Protection District's Spheres of Influence and a reduction of the City of Redlands' Sphere of Influence. This proposed change in local jurisdiction has been negotiated between IVDA and both cities.

Because the City’s boundaries and responsibility area will increase as a result of the requested Annexation and Sphere of Influence Amendment, the Mayor and City Packet Pg. 515
Council must support the reorganization and authorize IVDA to submit an application to LAFCO on the City’s behalf.

Plan for Services
As part of the application, a Plan for Services must be prepared and submitted. Staff has prepared a Plan for Services that demonstrates that the City of San Bernardino commits to, and has the ability to, provide municipal services to the proposed annexation area at a level equal to, or greater than, the services currently provided by the City of Redlands (Attachment 4).

At the present time, electricity is the only utility provided to the existing Bridge. No water, wastewater, or natural gas utilities are provided, transmitted, or used in support of bridge operations and no school or park services are provided to the Bridge.

Southern California Edison (SCE) supplies power for night lighting of the Bridge. The IVDA currently provides bridge maintenance services and has committed to continue maintenance in perpetuity. The City of San Bernardino provides responses to emergency (law enforcement and fire protection and emergency response) service demands on the Bridge and the area proposed for Reorganization.

Tax Exchange Agreement
Before an annexation can occur, a property tax exchange agreement must be negotiated between the City and the County. The property tax exchange agreement specifies the future allocation of property tax revenues generated in the annexation area.

When LAFCO receives an annexation application, LAFCO notifies the County Assessor and County Auditor to calculate the amount of property tax revenue generated in the proposed annexation area. This fiscal information is used to determine the property tax exchange. Because the Mountain View Avenue bridge is strictly rightof-way and undevelopable river bottom, the County determined that there is no potential property tax revenue generated (Attachment 5). As such, the attached Resolution states there will be no property tax revenues to be exchanged between the City of San Bernardino, the City of Redlands, and the San Bernardino County Fire Protection District resulting from the jurisdictional change. 2021-2025 Strategic Targets and Goals
The Property Tax Exchange Agreement for the Annexation of Mountain View Avenue Bridge aligns with Key Target No. 4: Economic Growth & Development. The proposed annexation creates a logical expansion of municipal boundaries and provides clarity for partner agencies.

Fiscal Impact
There is no fiscal impact associated with this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, Packet Pg. 516
California, adopt Resolution No. 2022-XXX of the Mayor and City Council of the City of San Bernardino, California, determining there will be no property tax revenues to be exchanged between the City of San Bernardino, the City of Redlands, and the San Bernardino County Fire Protection District resulting from the jurisdictional change described by LAFCO case number 3258 for portions of real property of approximately

6.27 acres in total area located at the Mountain View Avenue Bridge (portions of APN 0292-011-37-0000, APN 0292-011-42-0000, and portion of the road bridge).

Attachments
Attachment 1 Resolution No. 2022-224 (Property Tax Exchange Agreement) Attachment 2 Resolution No. 2022-224 (Property Tax Exchange Agreement) – Exhibit A – Cooperative Agreement 2013-325
Attachment 3 Resolution No. 2022-224 (Property Tax Exchange Agreement) – Exhibit B – Location Map
Attachment 4 Resolution No. 2022-224 (Property Tax Exchange Agreement) – Exhibit C – Plan for Services
Attachment 5 Resolution No. 2022-224 (Property Tax Exchange Agreement) – Exhibit D – Property Tax Revenue Analysis
Ward:

First Ward
Synopsis of Previous Council Actions:

November 18, 2013 The Mayor and Common Council of the City of San Bernardino adopted Resolution 2013-325 authorizing
the City Manager to Execute a Cooperative Agreement
by and Between the Inland Valley Development
Agency (IVDA), City of Redlands, and the City of San
Bernardino Regarding the Mountain View Avenue
Improvement Project.

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Resolution No. 2022-224
Resolution 2022-224
November 2, 2022

RESOLUTION NO. 2022-224

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DETERMINING THERE WILL BE NO PROPERTY TAX

REVENUES TO BE EXCHANGED BETWEEN THE CITY

OF SAN BERNARDINO, THE CITY OF REDLANDS, AND

THE SAN BERNARDINO COUNTY FIRE PROTECTION

DISTRICT RESULTING FROM THE JURISDICTIONAL
CHANGE DESCRIBED BY LAFCO CASE NUMBER 3258

FOR PORTIONS OF REAL PROPERTY APPROXIMATELY

6.27 ACRES IN TOTAL AREA LOCATED AT THE

MOUNTAIN VIEW AVENUE BRIDGE (PORTIONS OF
A.P.N. 0292-011-37-0000, A.P.N. 0292-011-42-0000, AND
PORTION OF THE ROAD BRIDGE).

WHEREAS, the Inland Valley Development Agency initiated proceedings pursuant to the Cortese-Knox-Herzberg Local Government Reorganization Act of 2000 of the California Government Code described as:

LAFCO 3257 – Sphere of Influence Amendment for City of San Bernardino (expansion), San Bernardino County Fire Protection District (expansion), and City of Redlands (reduction).

LAFCO 3258 – Reorganization to include Annexation to the City of San Bernardino and, San Bernardino County Fire Protection District, its Valley Service Zone, and its Service Zone FP-5, and Detachment from the City of Redlands; and WHEREAS, the IVDA is a joint powers authority duly established by the legislative bodies of the County of San Bernardino, the City of San Bernardino, the City of Loma Linda, and the City of Colton (collectively, the Members") pursuant to California Government Code Section 6500, et seq.; and
WHEREAS, on November 18, 2013, the City of San Bernardino was a cosignatory of Cooperative Agreement 2013-325 with The Inland Valley Development Agency (IVDA) and the City of Redlands agreeing to cooperate with IVDA’s application for annexation of the subject property through the Local Agency Formation Commission for San Bernardino County as attached hereto as Exhibit "A" and by this reference incorporated herein; and WHEREAS, a map of the area proposed for amendments and reorganization including portions of real property approximately 6.27 acres in total area located at the Mountain View Avenue Bridge (portions of Assessor Parcel Numbers 0292-011-37-0000 and 0292-011-42-0000, and portion of the road bridge) is attached hereto as Exhibit "B" and by this reference incorporated herein; and
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Resolution No. 2022-224
Resolution 2022-224
November 2, 2022

WHEREAS, the reason for the proposed amendments/reorganization, the City of Redlands has requested to be detached from the east portion of the Mountain View Avenue Bridge and to have the entire bridge annexed to the City of San Bernardino incorporated territory; and a) To provide that the IVDA shall remain responsible for the performing all maintenance and repair of the bridge following the annexation of the entire bridge into the City of San Bernardino incorporated territory; and
WHEREAS, the IVDA agrees to maintain the Mountain View Avenue bridge at no cost to the City of San Bernardino; and
WHEREAS, a Plan for Services has been prepared by the City of San Bernardino demonstrating that municipal services will be provided to the annexation area at a level equal to or greater than currently provided, with negligible impact on Citywide services as attached hereto as Exhibit “C” and by this reference incorporated herein; and WHEREAS, adoption of this Resolution is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), as the City has determined there is no possibility of any environmental effects.

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

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

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby determines that:

A. Pursuant to Section 99 of the Revenue and Taxation Code, prior to the issuance of a Certificate of Filing by the Local Agency Formation Commission (LAFCO) Executive Officer, the governing bodies of all local agencies whose service area or service responsibilities will be altered by a proposed jurisdictional change shall negotiate and determine by resolution the amount of property tax revenues to be exchanged between and among such local agencies.

B. Except as provided in Section 99.01 of the Revenue and Taxation Code, in the event that a jurisdictional change would affect the service area or service responsibility of one or more special districts, the Board of Supervisors of the County of San Bernardino shall, on behalf of the district or districts, negotiate any exchange of property tax revenues.

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Resolution No. 2022-224
Resolution 2022-224
November 2, 2022

C. The Mayor and City Council of the City of San Bernardino, the City Council of the City of Redlands, and the Board of Supervisors of the County of San Bernardino on behalf of the San Bernardino County Fire Protection District have determined that the revenue distribution will remain as reflected in Exhibit “D” and there will be no exchange of property tax revenues as a result of the following jurisdictional change:

LAFCO 3258 – Reorganization to include Annexation to the City of San Bernardino and San Bernardino County Fire Protection District, its Valley Service Zone, and its Service Zone FP-5, and Detachment from the City of Redlands.

SECTION 3. The Mayor and City Council of the City of San Bernardino hereby authorize IVDA to submit an application and Plan for Services to the LAFCO on behalf of the City of San Bernardino for the Sphere of Influence Amendment and Annexation/Reorganization described herein and referred to as LAFCO 3257 and LAFCO 3258, respectively.

SECTION 4. The Mayor and City Council of the City of San Bernardino hereby authorize the City Manager to sign an agreement certifying that IVDA will maintain the Mountain View Avenue bridge at no cost to the City.

SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. The City Clerk of the City of San Bernardino is hereby directed to certify the passage of this Resolution and to cause a certified copy to be sent to the Executive Officer of the Local Agency Formation Commission (LAFCO) for San Bernardino County.

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 2nd day of November 2022.

John Valdivia, Mayor
City of San Bernardino
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Resolution No. 2022-224
Resolution 2022-224
November 2, 2022

Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2022-224
Resolution 2022-224
November 2, 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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& 300 ft &

CITY OF

REDLANDS

CITY OF SAN

BERNARDINO MOUNTAIN

VIEW AVE

CALIFORNIA ST

SAN BERNARDINO AVE
Sphere Amendment/Reorganization Area
City Spheres of Influence
City of Redlands
City of San Bernardino
LAFCO 3257 - Sphere of Influence Amendment for City of San Bernardino (expansion), San Bernardino County Fire Protection District(expansion), and City of Redlands (reduction)
Santa Ana River
E Central Ave
S Mountain View Ave
±
0 0.04 0.07
Miles
Disclaimer: The information show is
intended to be used for general display
only and is not to be used as an official map.

City of San Bernardino
and its Sphere of Influence
City of Redlands and
its Sphere of Influence
Author: Hannah Larsen Created: 04/12/2022
LAFCO 3258 - Reorganization to Include Annexation to the City of San Bernardino, San Bernardino County Fire Protection District, its Valley Service Zone and its Zone FP-5, and Detachment from City of Redlands Santa Ana River
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Annexation of Mountain View Avenue Bridge (LAFCO 3257 & 3258) City of San Bernardino Plan for Services
Introduction
The Inland Valley Development Agency (IVDA) is requesting that the City of San Bernardino annex approximately 6.27 acres in conjunction with a detachment from the City of Redlands of land underlying, and adjacent to, the Mountain View Avenue Bridge (Bridge) over the Santa Ana River.

The Bridge is generally located south of the San Bernardino International Airport and Central Avenue, north of Riverview Drive, east of Tippecanoe Avenue and west of Marigold Avenue (Attachment 1).

Currently, the centerline of the Bridge is aligned with the boundary between the cities of San Bernardino on the west and Redlands on the east. This Annexation and Detachment will adjust the boundary to include the entirety of the Bridge and the underlying riverbed within the City of San Bernardino.

The reorganization will also require annexation to the San Bernardino County Fire Protection District and its respective Service Zones. The annexation and detachment will be accomplished through a Reorganization that will be reviewed and considered by the County of San Bernardino Local Agency Formation Commission for San Bernardino County (LAFCO). The Reorganization must be accompanied by a companion expansion of the City of San Bernardino and San Bernardino County Fire Protection District's Spheres of Influence and a reduction of the City of Redlands' Sphere of Influence. This proposed change in local jurisdiction has been negotiated between IVDA and both cities.

The intent of this Plan for Services is to demonstrate that the City of San Bernardino commits to, and has the ability to, provide municipal services to the proposed annexation area at a level equal to, or greater than, the services currently provided by the City of Redlands.

At the present time, electricity is the only utility provided to the existing Bridge. No water, wastewater, or natural gas utilities are provided, transmitted, or used in support of bridge operations and no school or park services are provide to the Bridge. Southern California Edison (SCE) supplies power for night lighting of the Bridge. The IVDA provides Bridge maintenance service. The City of San Bernardino provides responses to emergency (law enforcement and fire protection and emergency response) service demands on the Bridge and the area proposed for Reorganization.

Detailed Discussion of Service Availability
Water Service
The Bridge is not served with any water utility and the underlying property is within the Santa Ana River floodplain and therefore does not have or require any water service. The nearest water service is located in water lines located within Mountain View Avenue south of the Bridge and within Central Avenue on the north side of the Bridge. Water service to these areas is provided by the San Bernardino Municipal Water Department (SBMWD). The Annexation/Detachment will not alter this situation or result in any necessary service enhancements.

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Electricity
The Bridge receives electric power from Southern California Edison (SCE) to support night safety lighting. No electricity is provided to the underlying floodplain area. The Annexation/Detachment will not alter this situation or result in any necessary service changes.

Sewer
Sewer service is not currently provided to the annexation area and will not be required for the parcels encompassed by Reorganization.

Transportation
The Mountain View Avenue Bridge has been an essential element of the area circulation system for approximatley ten years. Currently, any maintenance of the Bridge is conducted by the IVDA and this will continue to be the case upon Reorganization.

Liqhting
Night lighting of the Bridge is funded and maintained by the IVDA and this will continue to be the case upon Reorganization.

Schools
No school services are required for the current Bridge and this circumstance will not change upon Reorganization.

Parks
The City of San Bernardino is responsible for providing and maintaining public park land within the jurisdictional boundaries of the City. The proposed uninhabited Annexation area does not include any parkland and the minor Reorganization will not result in an increased demand for parkland.

Drainage and Roads
Maintenance of the Bridge, including drainage, roadway, and bridge components, is funded and provided by the IVDA. This will continue to be the case upon Reorganization.

Police/Fire/Emergency Response
Law Enforcement services for the Annexation/Detachment area are currently provided by the City of San Bernardino Police Department, and this circumstance will not change upon Reorganization.

The San Bernardino County Fire Protection District (County Fire) Division 6 currently provides fire and emergency response service within the City of San Bernardino. The Division 6 Headquarters are located at 200 East 3rd Street in San Bernardino. The nearest fire station to the bridge is Station 231 located 450 E. Vanderbilt Way. The City of Redlands Fire Department also provides fire protection services within the City of Redlands, which currently includes the eastern half of the bridge that is proposed for annexation. Although Redlands Fire Department may provide emergency services to the project area under mutual aid agreements with County Fire, they are not typically the first responder due to the proximity of the nearest fire station. As such, the reorganization will also require annexation to the San Bernardino County Fire Protection District and its respective Service Zones. Upon completion of the reorganization, County Fire will be the sole responsible agency for fire and emergency medical response for the entire Bridge.

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TAX RATE AREA 5004 5009 5060 TOTAL
Assessed Value $ - $ - $ - $ -
RDA Increment $ - $ - $ - $ -
Net Value After RDA / TRA Frozen Base $ - $ - $ - $ -
Tax Revenue $ - $ - $ - $ -
Tax Revenue Total Revenue
County Agencies
COUNTY GENERAL FUND $ - $ - $ - $ -
FLOOD CONTROL ZONE 3 $ - $ - $ - $ -
FLOOD CONTROL ADMIN 3-6 $ - $ - $ - $ -
Total County Agencies $ - $ - $ - $ -
Other Agencies
CITY OF REDLANDS $ - $ - $ - $ -
INLAND EMPIRE JT RESOURCE CONS DIST $ - $ - $ - $ -
SAN BDNO VALLEY WATER CONS DIST $ - $ - $ - $ -
SAN BERNARDINO VALLEY MUNI WATER $ - $ - $ - $ -
Total Other Affected Agencies $ - $ - $ - $ -
TOTAL REVENUE $ - $ - $ - $ -
LAFCO 3258
Reorganization to Include Annexation to the City of San Bernardino, San Bernardino County Fire Protection District, its Valley Service Zone and its Service Zone FP-5, and Detachment from the City of Redlands

EXHIBIT A

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 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, Housing, & Economic Development (CED) Subject: Adopt Ordinance No. MC-1593
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1593 approving Development Code Amendment (Zoning Map Amendment) 21-03 changing the Zoning District Classification of one (1) parcel (APN: 0266-041-40) containing approximately 3.94 acres from Commercial General (CG-1) to Industrial Heavy (IH), pursuant to a Mitigated Negative Declaration (Attachment 1).

Background
On September 21, 2022, the Mayor and City Council conducted a public hearing on Development Code Amendment (Zoning Map Amendment) 21-03 to change the Zoning District Classification of one (1) parcel (APN: 0266-041-40) containing approximately 3.94 acres from Commercial General (CG-1) to Industrial Heavy (IH), pursuant to a Mitigated Negative Declaration. Subsequent to Mayor and City Council discussion, the City Council conducted the first reading of, and introduced, Ordinance No. MC-1593.

Discussion
The proposed project is requesting to change the Zoning District Classification of the project site to Industrial Heavy (IH) in order to allow the development and establishment of a truck terminal facility.
2021-2025 Strategic Targets and Goals
Development Code Amendment (Zoning Map Amendment) 21-03 and Development Permit Type-D 21-15 align with Key Target No. 4: Economic Growth & Development.

The proposed project will rezone an existing property to Industrial Heavy (IH) to create consistency within the project area and allow the development of a new truck terminal Packet Pg. 539
facility that will provide an economic benefit to an otherwise vacant and underutilized parcel, and the City in general and will stimulate overall economic revitalization. The proposed development has been designed to achieve visual interest and a clean, landscaped industrial site
Fiscal Impact
There is no impact to the General Fund with this action. Development impact fees associated with the project will be approximately $167,480. City services will be provided to this project such as other Industrial projects within the City and surrounding area.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1593 approving Development Code Amendment (Zoning Map Amendment) 21-03 changing the Zoning District Classification of one (1) parcel (APN: 0266-041-40) containing approximately 3.94 acres from Commercial General (CG-1) to Industrial Heavy (IH), pursuant to a Mitigated Negative Declaration.

Attachment
Attachment 1 Ordinance No. MC-1593 (Approving Development Code Amendment [Zoning Map Amendment] 21-03)
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

September 21, 2022 Mayor and City Council introduced Ordinance No. MC1593 (Approving Development Code Amendment [Zoning Map Amendment] 21-03)
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Ordinance No. MC-1593
1 ORDINANCE NO. MC-1593

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ADOPTING THE MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING AND

REPORTING PROGRAM UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT, AND APPROVING

DEVELOPMENT CODE AMENDMENT (ZONING MAP
AMENDMENT) 21-03 CHANGING THE ZONING DISTRICT
CLASSIFICATION OF ONE (1) PARCEL (APN: 0266-041-40)
CONTAINING APPROXIMATELY 3.94 ACRES FROM
COMMERCIAL GENERAL (CG-1) TO INDUSTRIAL
HEAVY (IH).

WHEREAS, together, Development Code Amendment (Zoning Map Amendment) 21-03, and Development Permit Type-D 21-15 constitute the Truck Terminal Facility Project ("Project"); and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 21-03 is a request to allow the change of the Zoning District Classification from Commercial General (CG1) to Industrial Heavy (IH) of one (1) parcel (APN: 0266-041-40) containing approximately 3.94 acres; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration), preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potentially significant impacts of the Project can be mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”), attached hereto as Exhibit A, were prepared for the Project; and WHEREAS, on July 12, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report to Development Code Amendment (Zoning Map Amendment) 21-03 and Development Permit Type-D 21-15, and at which meeting the Planning Commission considered Development Code Amendment (Zoning Map Amendment) 21-03 and Development Permit Type-D 21-15; and WHEREAS, on July 12, 2022, during said duly public hearing, after public testimony and deliberation among the Planning Commissioners, Commissioner Quiel made a motion to adopt Resolution No. 2022-024 recommending the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program under the California Environmental Quality Act, Packet Pg. 541
Ordinance No. MC-1593
2 and the approval of Development Code Amendment (Zoning Map Amendment) 21-03, and Development Permit Type-D 21-15 to the Mayor and City Council based on the Findings of Fact presented, and Commissioner Sanchez seconded the motion; and WHEREAS, although the motion obtained a majority vote (4-3), the project was moved without recommendation because it did not obtain the five (5) votes required by the San Bernardino Municipal Code. The Planning Commission vote was as follows:

Ayes: Guerrero, Lopez, Sanchez, and Quiel
Noes: Armstead, Flores, and Lewis
Abstain: None

Absent: Morales
WHEREAS, pursuant to Section 2.22.030 (Quorum and Vote Required) of the City of San Bernardino Municipal Code, a recommendation for approval of a General Plan Amendment or an amendment to the Municipal Code shall be by the affirmative vote of not less than a majority (five) of the total membership of the commission; and
WHEREAS, notice of the September 21, 2022 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on September 10, 2022, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the Mayor and City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5 (Recirculation of a Negative Declaration Prior to Adoption); and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment (Zoning Map Amendment) 21-03; and

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

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

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

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Ordinance No. MC-1593
3 SECTION 3. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Based on the findings made herein and their independent judgment and analysis, the Mayor and City Council hereby adopt the Mitigated Negative Declaration for the Project, and the Mitigation Monitoring and Reporting Program, attached hereto and incorporated herein as Exhibit A. The Mayor and City Council hereby impose each mitigation measure as a condition of approval of the Project, in accordance with CEQA and the State CEQA Guidelines.

SECTION 4. Finding of Facts – Development Code Amendment (Zoning Map Amendment) 22-03
Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: The proposed amendment will change the Zoning District Classification from Commercial General (CG-1) to Industrial Heavy (IH) for a parcel (APN: 0266-041-40) located within the northern half of the Project site containing approximately 3.94 acres. The Industrial Heavy (IH) Zoning District Classification is intended to provide for the continuation and development of heavy manufacturing industries in locations where they will be compatible with and not adversely impact adjacent land uses. The proposed amendment, with the concurrent approval of Development Permit Type-D 21-15, will allow the development, establishment of a truck terminal facility on a current partially undeveloped site, which is consistent with the existing industrial warehouse developments within the project area to the northeast, west, and south of the project site. Therefore, the proposed Project is consistent with the following General Plan goals and policies:

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

General Plan Land Use Element Goal 2.4: Enhance the
quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development.

General Plan Land Use Element Policy 2.5.4: Require that all new structures achieve a high level of architectural design and provide a careful attention to detail.

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

General Plan Community Design Element Goal 5.7:

Develop attractive and safe commercial, office, and
industrial projects that are creatively designed and
intelligently sited.

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Ordinance No. MC-1593
4 Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to change the existing Zoning District Classification of a parcel (APN:0266-041-40) containing approximately 3.94 acres located on the northern half of the project site from Commercial General (CG-1) to Industrial Heavy (IH) will facilitate the development of a truck terminal facility on a current partially undeveloped site, which is consistent with the existing Industrial Heavy (IH) Zoning District Classification of the parcel (APN: 0266-041-22) located on the southern half of the project site, and as conditioned, will be consolidated through a lot merger, and the industrial warehouse developments within the project area to the northeast, west, and south of the project site. The project site is relatively flat with access from N. Industrial Parkway, fully served by utility providers, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Final Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program.

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

Finding of Fact: The proposed amendment would result in the entirety of the project site having the Industrial Heavy (IH) Zoning District Classification, which upon consolidation of the property, as conditioned through a lot merger, will allow for the development of a truck terminal facility. The subject property is located along a secondary arterial corridor, abutting existing industrial warehouse developments. Therefore, the proposed change from Commercial General (CG-1) to Industrial Heavy (IH) for the project site would allow the consolidation of industrial warehouse facilities nearby existing industrial uses, thereby providing for an appropriate balance of land uses within the City.

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

Finding of Fact: The project site is currently comprised of two (2) parcels that are, as conditioned, proposed to be consolidated into one (1) parcel containing approximately 11.07 acres. The project site is generally flat, with access rom N. Industrial Parkway. Utilities are available directly from N. Industrial Parkway. The project site is sufficient in size to meet the required development standards of the San Bernardino Development Code, Packet Pg. 544
Ordinance No. MC-1593
5 including but not limited to, off-street parking, loading, and landscaping requirements for the proposed truck terminal facility. There are no physical constraints on the project site, such as steep slopes or watercourses.

SECTION 5. Development Code Amendment (Zoning Map Amendment) 21-03 to change the Zoning District Classification from Commercial General (CG-1) to Industrial Heavy (IH) of one (1) parcel (APN: 0266-041-40), attached hereto and incorporated herein by reference as Exhibit B, is hereby approved.

SECTION 6. Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.

SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 9. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Ordinance No. MC-1593
6 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-____, introduced on September 21, 2022 and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held on the ___ day of _________, 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

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

Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Department: City Manager's Office
Subject: Agreement with San Bernardino International Airport Authority (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Law Enforcement Services.

Background
On May 16, 2018, the Mayor and City Council authorized a five (5) year Service Agreement between the City of San Bernardino (City) and the San Bernardino International Airport Authority (SBIAA) for Police Services (2018-2023 Service Agreement). The 2018-2023 Service Agreement provides for eight (8) sworn officers to be assigned to the San Bernardino International Airport (SBIA) and one (1) sworn member of San Bernardino Police Department Executive Staff to serve as a liaison to the SBIAA. The terms of the 2018-2023 Service Agreement are set to expire on June 30, 2023.

On March 8, 2022, SBIAA announced the commencement of air passenger services, in partnership with Breeze Airways, starting August 4th, 2022. As a result of these new air services, additional Law Enforcement Personnel are required to meet the mandatory security obligations outlined by the Transportation Security Administration (TSA). The San Bernardino Police Department (SBPD) has both experience and expertise in providing law enforcement support of Airport operations, where it has provided police services to SBIA for many years. The City was willing and able to provide the additional law enforcement services for SBIAA at rates that cover the actual cost of providing these services.

On May 18, 2022, the Mayor and City Council authorized an interim agreement Packet Pg. 547
between the City and the SBIAA until a long-term deal could be reached for providing Law Enforcement Services. The interim agreement had a term of 180 days and is set to expire on November 14, 2022.

Discussion
The proposed Law Enforcement Services Agreement is a new, long-term agreement where the City will provide SBIAA with law enforcement services through October 1, 2025. Per the terms of the agreement, the City will assign two Police Officers to provide general law enforcement services to the Airport. The SBIAA will pay for all actual expenses for the use of City services, which includes:
• 100% of the fully burdened costs for two (2) police officers. • $625.00 per vehicle per month for the use of two (2) City-owned patrol vehicles. • An administrative fee that is equal to 25% of the fully burdened rate of a Police Captain salary.

The fully burdened rate includes the costs of PERS, healthcare, Medicare, workers’ compensation, certification pay, and other costs associated with employing a law enforcement officer, including overtime, when applicable. The SBIAA will also pay the revised salary and hourly wage increases that are provided for in the Police Safety Employees Memorandum of Understanding. SBPD already provides these law enforcement services under the interim agreement.
2021-2025 Strategic Targets and Goals
A Service Agreement with San Bernardino International Airport Authority to provide law enforcement services synthesizes with Key Target No.3c: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service. Providing law enforcement services for SBIAA helps ensure the safety of City residents who are utilizing the new air passenger services at the airport.

Fiscal Impact
There is no fiscal impact as a result of this Service Agreement. Under the Agreement, SBIAA is reimbursing the City for the actual, fully burdened costs associated with providing law enforcement services.

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

1. Authorize the City Manager to execute a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Law Enforcement Services.

Attachments
Attachment 1 2022-2025 Service Agreement with SBIAA
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Ward:

All Wards
Synopsis of Previous Council Actions:

May 18, 2022 The Mayor and City Council of the City of San Bernardino, California, authorized the City Manager to execute a
Service Agreement between the San Bernardino
International Airport Authority and the City of San
Bernardino for Law Enforcement Services.

May 16, 2018 The Mayor and City Council adopted Resolution no. 2018- 137, approving a Service Agreement between the San
Bernardino International Airport Authority and the City of San Bernardino for Police Services.

May 20, 2013 The Mayor and City Council adopted Resolution no. 2013- 2475, approving a Master Services Agreement between
the San Bernardino International Airport Authority and the City of San Bernardino for Police and Fire related
services.

August 20, 2012 The Mayor and City Council adopted Resolution No. 2012-220, authorizing the Mayor and Common Council to
execute a Master Services Agreement between SBIAA
and the City.

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SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE

SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FOR LAW

ENFORCEMENT SERVICES
This SERVICE AGREEMENT (“Agreement”) is made and entered into this 14th day of November, 2022 by and between the SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, a public entity established pursuant to Government Code Section 6500, et seq. for the joint exercise of powers (“SBIAA”), and the CITY OF SAN BERNARDINO, a charter city under the laws and Constitution of the State of California (“City”), effective November 14, 2022 (the “Effective Date”). SBIAA and City may hereafter be referred to individually as a “Party” or collectively as “Parties.”

RECITALS
A. The San Bernardino International Airport (“Airport”) is governed by the SBIAA and is located within the jurisdictional boundaries of the City of San Bernardino.

B. The City, through the San Bernardino Police Department (“SBPD”), employs POST-certified sworn peace officers and is the provider of law enforcement and public safety services within the City of San Bernardino.

C. SBIAA desires that the City provide SBIAA with law enforcement services at the Airport.

D. SBPD has experience and unique expertise relating to public safety support at the Airport and has worked on public safety matters involving the Airport for many years.

E. The Parties are authorized to enter into this Agreement pursuant to Sections 6502, 54981, and 55632 of California Government Code and the contractual provisions identified in Exhibit A.

F. The City is willing and able to provide law enforcement services to SBIAA at rates designed to cover only the City’s actual costs associated with providing the services.

NOW, THEREFORE, the Parties hereto agree as follows:

1. Recitals. The Recitals set forth above are true and correct.

2. Effective Date & Term. This Agreement shall commence upon execution (“Effective Date”) and shall run through October 1, 2025 unless sooner terminated in accordance with the terms of this Agreement.

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3. Provision of Police Services.
a. Police Officers. On the Effective Date, the City will assign a minimum of two Police Officers to provide general law enforcement services to the Airport. The City will be the sole employer of the Police Officers, who shall work at the discretion of the Chief of Police or his or her designee.

4. Work Schedules. Two Police Officers shall be assigned to work at the Airport during TSA operational hours as defined by operational need, of 40-hours per week per officer or part thereof. The SBIAA shall inform the City and SBPD of any changes to operational hours with as much notice as possible.

5. Future Staffing Needs. The Parties agree that the level of police services may need to be adjusted to accommodate changing law enforcement service needs (e.g., added Airportbased operations, higher rates of Airport calls for service, added scheduled passenger flight service, etc.). The Parties agree to cooperate in good faith to adjust the staffing levels as needed.

6. Law Enforcement Services. All law enforcement services and operations will be conducted in accordance with State and Federal law, the City of San Bernardino Municipal Code, and the Policies and Procedures of the SBPD.

7. Jurisdiction. Except where otherwise required by law, SBPD personnel will have full jurisdictional authority for all matters related to law enforcement operations, criminal investigations, and other traditional police-related matters throughout the SBIAA Airport property.

The City acknowledges the jurisdiction of the Air Operations Area (AOA) located within the airside of the SBIAA-owned property, along with certain portions of the Domestic and International Terminals which are explicitly excluded from SBPD’s jurisdictional authority and are collectively referenced herein as the “Federalized” portions of SBIAA-owned property. Within the Federalized portions of SBIAA property, SBPD will work closely with the Director of Aviation, Airport Operations staff, TSA, FBI, FAA, NTSB, federal agents, and other involved agencies during response to emergency or major incidents as a participant in SBIAA’s incident command structure in accordance with SBIAA’s FAA approved Airport Emergency Plan.

8. Cost for Services & Billing.
a. Actual Expenses. The SBIAA shall pay for all actual expenses for City services provided during the term of this Agreement.
b. Administrative Fee. The SBIAA shall pay 25% of the fully-burdened rate (including PERS, healthcare, Medicare, workers’ comp, certification pay, and other costs associated with employing a law enforcement officer) of a Police Captain salary as an administrative fee for professional administrative services provided by the City and SBPD to the SBIAA.

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c. Police Officers. On the Effective Date, the SBIAA agrees to pay 100% of the actual fully-burdened, straight time salary rate (including PERS, healthcare, Medicare, workers’ comp, certification pay, and other costs associated with employing a law enforcement officer) for any Police Officers assigned to the Airport. When applicable, the SBIAA shall pay fully-burdened overtime rates for time worked by any Police Officers assigned to the Airport on an overtime basis. The reimbursement rate will be determined by police staffing availability and composition.
d. Cost Increases. The SBIAA understands and agrees that the City is contractually obligated through a Memorandum of Understanding to pay salary and hourly pay increases to its Police Officers, and that SBIAA will be informed of those actual cost increases.

Revised rates will be paid by the SBIAA for the City Police Officers assigned to the Airport. The SBIAA is aware of the current Police Safety Employees Memorandum of Understanding: July 1, 2020 to June 30, 2025 and all side letters approved by the Mayor and City Council prior to the Effective Date of this Agreement.
e. Billing. The City will invoice the SBIAA quarterly with detailed assigned officer staffing rates, with payment in full due net 30.

9. Special Events. The staffing model and associated costs outlined in this Agreement are for basic law enforcement services. If additional City personnel are requested to work at the Airport for any special event, the SBIAA will make the request in writing to the assigned Captain and pay the actual costs for such services at the fully-burdened overtime rate.

Staffing City employees at such events will be upon mutual agreement of the Parties.

10. Training. During the term, the City shall use best efforts to ensure that no less than fifteen (15) assigned Police Officers have completed industry specific training in connection with this Agreement including local airport familiarization training (e.g., geographical access points, areas of responsibility, authority within Federal jurisdictions (Airport Operations Area), communication with the air traffic control tower, and familiarization and engagement with Airport management and security) and the POST Aviation Security course (Penal Code Section 832.1).

The SBIAA will pay for all costs associated with required airport training for assigned Police Officers. Training costs shall include course tuition, hotel, mileage, and federal per diem rate.

11. Facilities, Equipment & Vehicles.
a. The SBIAA shall provide Police Officers with access to common area space during assigned shifts, including a conference area, breakroom, kitchen, and non-public restroom facilities.
b. The City will supply all police-related equipment and vehicles to assigned SBPD police officers, including radios and all safety gear.

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c. Each Police Officer assigned to the Airport will utilize a City-owned marked SBPD police patrol vehicle for use in their duties while assigned to the Airport. The SBIAA agrees to pay to the City $625.00 per vehicle per month for the two City-owned marked SBPD patrol vehicles to be utilized by Police Officers assigned to the Airport. The Parties agree and acknowledge that these vehicle fees serve as reimbursement to the City for the costs associated with the purchase of vehicles, vehicle equipment (mobile computer, radio, safety equipment, etc.), vehicle maintenance, and fuel. The Parties further agree and acknowledge that the SBIAA will have no ownership, value, or other interest in any City-owned vehicle as a result of the vehicle payments to the City.

12. Indemnification.
a. To the fullest extent permitted by law, the City agrees to indemnify and hold harmless the SBIAA and its authorized agents, officers, elected officials, volunteers, and employees against all claims or actions arising solely from the City’s intentional or negligent acts or omissions committed during the City’s performance of its obligations under this Agreement.

Upon a finding of liability hereunder, the City shall pay all costs or expenses incurred by the SBIAA on account of such liability.
b. The SBIAA agrees to indemnify and hold harmless the City and its authorized agents, officers, elected officials, volunteers, and employees against all claims or actions arising solely from the SBIAA’s intentional or negligent acts or omissions committed during the SBIAA’s performance under this Agreement. Upon a finding of liability hereunder, the SBIAA shall pay all costs or expenses incurred by the City on account of such liability. c. In the event the City and/or the SBIAA is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the City and/or the SBIAA shall indemnify the other to the extent of its comparative fault.
d. The City is and will be an independent contractor at all times and in every respect and not the agent of the SBIAA. Nothing contained herein and no direction or notification from the SBIAA or the City shall be construed so as to create a partnership, joint venture or other relationship between the Parties.

13. Insurance. The City and the SBIAA shall each maintain adequate insurance, or self-insurance for the duration of this Agreement.

14. Termination; Reopener. This Agreement shall terminate on October 1, 2025, unless terminated sooner by either Party upon three (3) months’ written notice. On, or as soon as reasonably possible following, the first anniversary of this Agreement, the Parties agree to meet to discuss the Agreement with a view to ensuring the City’s costs are fully covered by the Agreement.

For example, the Parties agree to discuss mechanisms to cover the City’s costs associated with Packet Pg. 553
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administration, insurance, litigation, and other costs which may not presently be covered in the published fully-burdened rates.

15. Notice. Any notice to be given pursuant to this agreement by either party to the other shall be given by personal service or shall be deemed given when deposited with the United States Postal Service, first class, postage prepaid, and addressed as follows:

To SBIAA: San Bernardino International Airport Authority Attn: Chief Executive Officer
1601 East Third Street
San Bernardino, CA 92408
To City: City of San Bernardino
Attn: City Manager
290 North D Street
San Bernardino, CA 92401

With copies to: Cole Huber LLP
Attn: Scott Huber
2855 E. Guasti Road, Suite 402
Ontario, CA 91761

City of San Bernardino
Attn: City Attorney
290 North D Street
San Bernardino, CA 92401

San Bernardino Police Department
Attn: Chief of Police
P.O. Box 1559
710 North D Street
San Bernardino, CA 92402
Any party may change its address by a notice given to the other party in the manner set forth above.

Any notice given personally shall be deemed to have been given upon service and any notice given by certified or registered mail shall be deemed to have been given on the third (3rd) business day after such notice is mailed.

16. Designated Representatives. The City’s City Manager and SBIAA’s Chief Executive Officer shall serve as the Parties’ Designated Representatives for the purposes of this Agreement.

17. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the SBIAA.

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18. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

19. Equal Opportunity Employment. The SBIAA and City are equal opportunity employers and will not discriminate against any employee for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, promotion, demotion, transfer, recruitment, recruitment advertising, layoff or termination.

20. Entire Agreement. This Agreement, including any exhibits hereto and any incorporated documents, represents the entire understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. This Agreement supersedes in their entirety any and all prior agreements between the SBIAA and the City for law enforcement and public safety services, including: (1) the 2018-2023 Service Agreement Between the San Bernardino International Airport Authority and the City of San Bernardino for Police Services dated July 1, 2018; and (2) the Service Agreement Between the City of San Bernardino and the San Bernardino International Airport Authority for Law Enforcement Services dated May 18, 2022.

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

22. Assignment. Neither party hereto shall assign, or otherwise transfer such party’s rights hereunder, or delegate such party’s duties hereunder, without the prior written consent of the other party hereto.

23. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

24. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

25. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

26. Renegotiation of Agreement. The City and the SBIAA agree that needs may arise for which this Agreement is insufficient, and further agree that effective services are mutually beneficial. Therefore, any provision of this Agreement may be re-opened and renegotiated as the needs to resolve new issues arise. Any such revised provisions shall be finalized in writing and approved by the SBIAA and the City in accordance with each Agency’s approval procedures.

27. Governing Law. This Agreement shall be construed, interpreted, and applied in accordance with the laws of the State of California; venue shall be in San Bernardino County.

28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. This Agreement may be executed electronically.

29. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown.

SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
_____________________________________
Michael Burrows, Chief Executive Officer
_____________________________________
General Counsel
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CITY OF SAN BERNARDINO
_____________________________________
Robert D. Field, City Manager

_____________________________________
Genoveva Rocha, CMC, City Clerk

_____________________________________
City Attorney
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EXHIBIT A

STANDARD NONDISCRIMINATION AND AIRPORT OPERATIONAL AND

DEVELOPMENT PROVISIONS FOR CONTRACTS

1. CONTRACTOR for himself/herself/itself and all heirs, personal representatives, successors in interest, and assigns, as a part of the consideration for the Contract to which these Standard Nondiscrimination And Airport Development Provisions for Contracts are attached or made a part (hereinafter, the “Contract”), does hereby covenant and agree as a covenant running with the land, or otherwise operated on the said property described in the Contract for a purpose for which a United States Department of Transportation (“DOT”) program or activity is extended or for another purpose involving the provision of similar services or benefits, CONTRACTOR shall operate such facilities and services in compliance with all requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

2. CONTRACTOR for himself/herself/itself and all personal representatives, successors in interest, and assigns, as a part of the consideration for the Contract, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, and (3) that CONTRACTOR shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

3. CONTRACTOR for himself/herself/itself and all personal representatives, successors in interest, and assigns, as a part of the consideration for the Contract, does hereby covenant and agree as a covenant running with the land that in the event of breach of any of the above nondiscrimination covenants, SBIAA shall have the right to terminate the Contract and to reenter and repossess said land and the facilities thereon, and hold the same as if said Contract had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.

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4. CONTRACTOR shall furnish all accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that CONTRACTOR may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.

5. Non-compliance with Provision 4 above shall constitute a material breach of the Contract and in the event of such non-compliance SBIAA shall have the right to terminate the Contract and the estate thereby created without liability therefore or at the election of SBIAA or the United States either or both said governments shall have the right to judicially enforce these provisions.

6. CONTRACTOR agrees that CONTRACTOR shall insert the above five provisions in any agreement or other contract by which CONTRACTOR grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises.

7. CONTRACTOR assures that CONTRACTOR will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. CONTRACTOR assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. CONTRACTOR assures that CONTRACTOR will require that CONTRACTOR’s covered suborganizations provide assurances to CONTRACTOR that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR 152, Subpart E, to the same effect.

8. SBIAA reserves the right to further develop or improve the landing area of the San Bernardino International Airport (the “Airport”) as SBIAA sees fit, regardless of the desires or view of CONTRACTOR and without interference or hindrance.

9. SBIAA reserves the right, but shall not be obligated to CONTRACTOR to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of CONTRACTOR in this regard.

10. This Contract shall be subordinate to the provisions and requirements of any existing or future agreement between SBIAA and the United States, relative to the development, operation or maintenance of the Airport, including SBIAA’s federal grant assurance obligations as promulgated by the FAA.

11. There is hereby reserved to SBIAA, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation of the Airport.

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12. CONTRACTOR agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises.

13. CONTRACTOR by accepting the Contract expressly agrees for himself/herself/itself and all successors and assigns that CONTRACTOR will not erect nor Contract the erection of any structure or object, nor Contract the growth of any tree on the Premises which would exceed the height limits of Part 77 of the Federal Aviation Regulations, except as specifically shown on construction plans approved in writing by SBIAA following any applicable Federal Aviation Administration review. In the event the aforesaid covenants are breached, SBIAA reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of CONTRACTOR.

14. CONTRACTOR by accepting the Contract expressly agrees for himself/herself/itself and all successors and assigns that CONTRACTOR will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, SBIAA reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of CONTRACTOR.

15. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a).

16. The Contract and all the provisions thereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of the Airport or the exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Adoption of Ordinance No. MC-1598 Levying Special Taxes in Community Facilities District No. 2022-2
(Palm) (Ward 3)
Recommendation:

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

1. Adopt Ordinance No. MC-1598 of the Mayor and City Council of the City of San Bernardino, California, acting as the Legislative Body of Community Facilities District No. 2022-2 (Palm), authorizing the Levy of Special Taxes in such Community Facilities District.

Background
At its October 5, 2022 meeting the City Council conducted a public hearing and formed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino. In addition, at that meeting the City Council introduced, read by title only, and waived further reading of Ordinance No. MC-1598 (the “Ordinance”) authorizing the levy of special taxes on all parcels of taxable property within Community Facilities District No. 2022-2 (Palm).

Discussion
Having introduced the Ordinance on October 5, the City Council may now adopt the Ordinance. Adoption of the Ordinance will authorize the levy of special taxes within Community Facilities District No. 2022-2 (Palm).
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long-term economic growth.

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Fiscal Impact
There is no fiscal impact to the City, as on-going administrative costs of Community Facilities District No. 2022-2 (Palm) are paid through the levy of special taxes within the Community Facilities District.

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

1. Adopt Ordinance No. MC-1598 of the Mayor and City Council of the City of San Bernardino, California, acting as the Legislative Body of Community Facilities District No. 2022-2 (Palm), authorizing the Levy of Special Taxes in such Community Facilities District.

Attachments
Attachment 1 Ordinance Authorizing the Levy of Special Taxes Ward:

Third Ward
Synopsis of Previous Council Actions:

October 5, 2022 The Mayor and City Council gave first reading and waived further reading of Ordinance No. MC-1598 Authorizing the Levy of Special Taxes in Community Facilities District No. 2022-2 (Palm).

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Ordinance MC-1598
ORDINANCE NO. MC-1598

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,

ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2022-2 (PALM),

AUTHORIZING THE LEVY OF SPECIAL TAXES IN SUCH

COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of San Bernardino, California (the “City Council”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in the community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district shall hereinafter be referred to as Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, State of California (the “District”).

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM), DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment for the District as set forth in Exhibit A attached hereto and incorporated herein by this reference (the “Rate and Method”).

SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.

SECTION 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner and at the same time 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 any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County of San Bernardino tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor’s parcels as permitted by the Act.

SECTION 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the California Streets and Highways Code, which lien shall be a continuing lien and shall secure each levy of the special taxes. The lien of the Special Tax (as defined in the Rate and Method) shall continue in force and effect until the special Packet Pg. 563
Ordinance MC-1598
2 tax obligation is prepaid, permanently satisfied and canceled in accordance with law or until the Special Tax ceases to be levied by the City Council.

SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary of it, to be published in a newspaper of general circulation in the City.

Introduced at a regular meeting of the City Council of the City of San Bernardino, California, on October 5, 2022.

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, City Clerk
Attest:

Sonia R. Carvalho, City Attorney
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Ordinance MC-1598
3 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1598, which was regularly introduced at a regular meeting of the City Council of the City of San Bernardino duly held on the 5th day of October, 2022, and was adopted at a regular meeting of the City Council duly 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, City Clerk
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Ordinance MC-1598
A-1

EXHIBIT A

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

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

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand-alone Residential Unit.
"Acre” or “Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or reasonably estimated costs related to the administration of CFD No. 2022-2, levy on the Special Tax therein and payment of debt service on the outstanding Bonds, including but not limited to, the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022-2 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2022-2 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2022-2 and any major property owner associated with applicable federal and state securities laws and the Act; litigation related to or arising out of CFD No. 2022-2; legal costs; compliance with continuing disclosure undertakings, the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs Packet Pg. 566
A-2
of the City, CFD No. 2022-2 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2022-2 for any other administrative purposes of CFD No. 2022-2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before May 1 st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Tax within CFD No. 2022-2 have been pledged. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses.
"Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December 31.

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A-3
"CFD” or “CFD No. 2022-2" means Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino established by the City under the Act. “CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes.
“City” means the City of San Bernardino, State of California. "City Council" means the City Council of the City of San Bernardino, acting as the Legislative Body of CFD No. 2022-2, or its designee.
“Condominium Plan" means a condominium plan pursuant to California Civil Code, Section 6624 et seq.
"County" means the County of San Bernardino, State of California. "Developed Property" means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) o or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 et seq. that creates individual lots for which Building Permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th.
“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.
“Land Use Category” means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2022-2 in any Fiscal Year on any Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator.

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"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.
“Proportionately” means for Taxable Property for Special Tax that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property or Provisional Undeveloped Property. "Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F. "Residential Property" means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA. “RMA" means this Rate and Method of Apportionment of Special Taxes. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property on an Assessor’s Parcel.
"Special Tax" or “Special Taxes” means any of the special taxes authorized to be levied within CFD No. 2022-2 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established under the Indenture in association with the Bonds to the extent that replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year, (v) to cure any delinquencies in the amount of principal or interest on the Bonds that occurred in a previous Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or Packet Pg. 569
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construction of facilities authorized by CFD No. 2022-2 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2022-2, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property. "Welfare Exempt Property" means, in any Fiscal Year, all Assessor’s Parcels within the boundaries of CFD No. 2022-1 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.

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

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

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

In the event that there are parent Assessor’s Parcel(s) for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the lots on which the Residential Unit(s) have been or will be built (in accordance with the Final Map or Condominium Plan) on such parent Assessor’s Parcel, the amount of the Special Tax on such parent Assessor’s Parcel shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Packet Pg. 570
A-6
Tax for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amounts shall be levied as Developed Property in accordance with Step 1 and, if applicable, Step 4 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the amount determined in clause (2).

D. MAXIMUM SPECIAL TAX

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

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

TABLE 1

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

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

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

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

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

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

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

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

8. Non-Residential Property Acre N/A $27,459
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b. Multiple Land Use Categories
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final. c. Backup Special Tax
The Backup Special Tax for an Assessor’s Parcel within a Final Map classified as Single Family Residential Property shall be calculated according to the following formula.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property Packet Pg. 575
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for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, or Provisional Undeveloped Property to be prepaid, compute the Maximum Special Tax for the Assessor’s Parcel.

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

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

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

6. Determine the Future Facilities Costs.

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

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

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

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

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

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

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the Packet Pg. 576
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expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

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

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

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

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

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

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

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

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

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

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

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

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

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

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-2 may collect Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

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

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

No refunds of previously paid Special Taxes shall be made.

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

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Adoption of Ordinance No. MC-1599 Levying Special Taxes in Community Facilities District No. 2022-1
(Highland/Medical) (Ward 3)
Recommendation:

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

1. Adopt Ordinance No. MC-1599 of the Mayor and City Council of the City of San Bernardino, California, acting as the Legislative Body of Community Facilities District No. 2022-1 (Highland/Medical), authorizing the Levy of Special Taxes in such Community Facilities District.

Background
At its October 5, 2022, meeting the City Council conducted a public hearing and formed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino. In addition, at that meeting the City Council introduced, read by title only, and waived further reading of Ordinance No. MC-1599 (the “Ordinance”) authorizing the levy of special taxes on all parcels of taxable property within Community Facilities District No. 2022-1 (Highland/Medical).

Discussion
Having introduced the Ordinance on October 5, the City Council may now adopt the Ordinance. Adoption of the Ordinance will authorize the levy of special taxes within Community Facilities District No. 2022-1 (Highland/Medical). 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long-term economic growth.

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Fiscal Impact
There is no fiscal impact to the City; on-going administrative costs of Community Facilities District No. 2022-1 (Highland/Medical) are paid through the levy of special taxes within the Community Facilities District.

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

1. Adopt Ordinance No. MC-1599 of the Mayor and City Council of the City of San Bernardino, California, acting as the Legislative Body of Community Facilities District No. 2022-1 (Highland/Medical), authorizing the Levy of Special Taxes in such Community Facilities District.

Attachments
Attachment 1 Ordinance Authorizing the Levy of Special Taxes Ward:

Third Ward
Synopsis of Previous Council Actions:

October 5, 2022 Mayor and City Council introduced by title only and waived further reading of Ordinance No. MC-1599
Authorizing the Levy of Special Taxes in Community
Facilities District No. 2022-1 (Highland/Medical).

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Ordinance MC-1599
ORDINANCE NO. MC-1599

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,

ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2022-1
(HIGHLAND/MEDICAL), AUTHORIZING THE LEVY OF

SPECIAL TAXES IN SUCH COMMUNITY FACILITIES

DISTRICT
WHEREAS, the City Council of the City of San Bernardino, California (the “City Council”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in the community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district shall hereinafter be referred to as Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino, State of California (the “District”).

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-1 (HIGHLAND/MEDICAL), DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment for the District as set forth in Exhibit A attached hereto and incorporated herein by this reference (the “Rate and Method”).

SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.

SECTION 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner and at the same time 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 any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County of San Bernardino tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor’s parcels as permitted by the Act.

SECTION 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the California Streets and Highways Code, which lien shall be a continuing lien and shall secure each levy of the special taxes. The lien of the Packet Pg. 582
Ordinance MC-1599
2 Special Tax (as defined in the Rate and Method) shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with law or until the Special Tax ceases to be levied by the City Council.

SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary of it, to be published in a newspaper of general circulation in the City.

Introduced at a regular meeting of the City Council of the City of San Bernardino, California, on October 5, 2022.

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, City Clerk
Attest:

Sonia R. Carvalho, City Attorney
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Ordinance MC-1599
3 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1599, which was regularly introduced at a regular meeting of the City Council of the City of San Bernardino duly held on the 5th day of October, 2022, and was adopted at a regular meeting of the City Council duly 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, City Clerk
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EXHIBIT A

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (HIGHLAND/MEDICAL)

OF THE CITY OF SAN BERNARDINO
A Special Tax (all capitalized terms not otherwise defined herein are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino ("CFD No. 2022-1"). The amount of Special Tax to be levied in each Fiscal Year, on an Assessor’s Parcel, shall be determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2022-1 by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand-alone Residential Unit.
"Acre” or “Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or reasonably estimated costs related to the administration of CFD No. 2022-1, levy on the Special Tax therein and payment of debt service on the outstanding Bonds, including but not limited to, the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2022-1 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2022-1 and any major property owner associated with applicable federal and state securities laws and the Act; litigation related to or arising out of CFD No. 2022-1; legal costs; compliance with continuing disclosure undertakings, the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs Packet Pg. 585
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of the City, CFD No. 2022-1 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2022-1 for any other administrative purposes of CFD No. 2022-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before May 1 st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Tax within CFD No. 2022-1 have been pledged. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses.
"Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December 31.

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"CFD” or “CFD No. 2022-1" means Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino established by the City under the Act. “CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes.
“City” means the City of San Bernardino, State of California. "City Council" means the City Council of the City of San Bernardino, acting as the Legislative Body of CFD No. 2022-1, or its designee.
“Condominium Plan" means a condominium plan pursuant to California Civil Code, Section 6624 et seq.
"County" means the County of San Bernardino, State of California. "Developed Property" means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) o or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 et seq. that creates individual lots for which Building Permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th.
“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.
“Land Use Category” means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2022-1 in any Fiscal Year on any Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator.

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"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.
“Proportionately” means for Taxable Property for Special Tax that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property or Provisional Undeveloped Property. "Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F. "Residential Property" means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA. “RMA" means this Rate and Method of Apportionment of Special Taxes. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property on an Assessor’s Parcel.
"Special Tax" or “Special Taxes” means any of the special taxes authorized to be levied within CFD No. 2022-1 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established under the Indenture in association with the Bonds to the extent that replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year, (v) to cure any delinquencies in the amount of principal or interest on the Bonds that occurred in a previous Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or Packet Pg. 588
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construction of facilities authorized by CFD No. 2022-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2022-1, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property. "Welfare Exempt Property" means, in any Fiscal Year, all Assessor’s Parcels within the boundaries of CFD No. 2022-1 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.

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

C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2022-2023, each Assessor’s Parcel within CFD No. 2022-1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property.

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

In the event that there are parent Assessor’s Parcel(s) for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the lots on which the Residential Unit(s) have been or will be built (in accordance with the Final Map or Condominium Plan) on such parent Assessor’s Parcel, the amount of the Special Tax on such parent Assessor’s Parcel shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Packet Pg. 589
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Tax for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amounts shall be levied as Developed Property in accordance with Step 1 and, if applicable, Step 4 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the amount determined in clause (2).

D. MAXIMUM SPECIAL TAX

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

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

TABLE 1

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

1. Single Family Residential Property RU Less than 1,800 sq. ft $2,790

2. Single Family Residential Property RU 1,800 sq. ft to 2,000 sq. ft $3,080

3. Single Family Residential Property RU Greater than 2,000 sq. ft $3,209

4. Multifamily Property Acre N/A $49,620

5. Non-Residential Property Acre N/A $49,620
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b. Multiple Land Use Categories
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final. c. Backup Special Tax
The Backup Special Tax for an Assessor’s Parcel within a Final Map classified as Single Family Residential Property shall be calculated according to the following formula.

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

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

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

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

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

In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $49,620 per Acre.

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

In the event any superseding Final Map is recorded as a Final Map within the boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be $49,620 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property or NonResidential Property.

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

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The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $49,620 per Acre.

3. Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property shall be $49,620 per Acre.

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

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

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

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

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

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

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

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F. EXEMPTIONS
The City shall classify as Exempt Property, in the chronological order in which the property becomes exempt, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 6.46 Acres.

Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 6.46 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 6.46 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.

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

G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
“CFD Public Facilities” means $4,000,000 expressed in 2022 dollars, which shall increase by the Construction Inflation Index on July 1, 2023, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2022-1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment.
“Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2022-1.
“Construction Inflation Index” means the annual percentage change in the Engineering NewsRecord Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles.

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

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

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

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

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

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

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

2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property Packet Pg. 594
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for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, or Provisional Undeveloped Property to be prepaid, compute the Maximum Special Tax for the Assessor’s Parcel.

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

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

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

6. Determine the Future Facilities Costs.

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

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

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

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

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

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

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the Packet Pg. 595
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expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

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

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

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

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

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

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

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

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

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

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

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

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

H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2064- 2065 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2022-1 Bonds have been paid; (ii) all authorized facilities of CFD No. 2022-1 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2022-1 have been satisfied.

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-1 may collect Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

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

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

No refunds of previously paid Special Taxes shall be made.

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

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for October 2022.

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

The detailed warrant registers are available on the City Website, and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
Discussion
Gross Payroll
Bi-Weekly for October 13, 2022 $2,712,368.89
Total Payroll Demands: $2,712,368.89
The following check registers are being presented for approval:

October 6, 2022 2022/23 (Register #15) $834,381.35
October 6, 2022 2022/23 (Register #16) $2,826.00
October 13, 2022 2022/23 (Register #17) $2,143,599.19
Total commercial check demands: $2,980,806.54
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2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.

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

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

Attachments
Attachment 1 Payroll Summary Report for October 2022
Attachment 2 Commercial checks & Payroll Register #15
Attachment 3 Commercial checks & Payroll Register #16
Attachment 4 Commercial checks & Payroll Register #17
Attachment 5 Commercial EFT Registers #1354-1365
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
The following Electronic Funds Transfer (EFT) registers presented for approval:

September 7 to September 30, 2022 2022/23 (Register #1354-1365) $ 37,234,353.68 Total commercial EFT demands: $ 37,234,353.68
Packet Pg. 600
PERIOD END DATE:

CHECK NUMBERS USED:

CHECK NUMBERS VOIDED:

CHECK NUMBERS CANCELLED:

EARNINGS:

CITY OF SAN BERNARDINO

FINANCE DEPARTMENT

PAYROLL SUMMARY REPORT
10/2/2022 DATE PAID:
351386-352159, 688570
351385,351432
288535, 290905, 290909,
REGULAR GROSS: -------2,712,368.89 -'-----
DEDUCTIONS:

HANDWRITE:

TOTAL ADJUSTED GROSS PAYROLL
TOTAL: ----------- 2,641,051.37
HANDWRITE: 159.10

TOTAL ADJUSTED GROSS PAYROLL
10/13/2022 PAYROLL#: 21
2,712,368.89
2,641,210.47
NET PAYROLL�! ______ 71, __158__.4_2__.I

ADJUSTMENT -----------
TOTAL POSITIVE PAYROLL 71,158.42

APPROVALS FOR PAYMENT
10/12/2022
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Amendment No. 1 to the Master Agreement with Renne Public Policy Group (RPPG) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the agreement between the City of San Bernardino and Renne Public Policy Group (RPPG), to extend and increase the agreement for grant consultation services for an amount not to exceed $57,250 for the extension period of December 2, 2022 through June 30, 2023.

Background
On December 14, 2021, the City released a Request for Proposal for Grant Resource Development Services. The RFP closed on January 3, 2022. The bidder awarded was Renne Public Policy Group (RPPG).

On May 9, 2022, the Professional Service Agreement was executed for an amount not to exceed $46,000 for the period of May 9, 2022 through December 1, 2022 to provide grant consultation services to the City.

Discussion
The City of San Bernardino (City) has engaged with Renne Public Policy Group (RPPG) for the past 7 months. RPPG meets once a month with staff to discuss potential grant funding opportunities and supports researching minimum qualifications as needed. RPPG also held “Deep Dive” meetings with department heads to assess funding gaps and service needs. A meeting is forthcoming in late November/early December where RPPG will present their findings and analysis on past grant performance and recommendations for improvement, and recommendations for grant funding priorities and multi-year strategy. RPPG has also assisted the City with two (2) grant application submissions. Award results for these grants are pending.

With the extension, RPPG will continue to support the City with grant related activities Packet Pg. 641

to transition the newly formed Grants Division to support city departments with the grant funding priorities and multi-year strategy. RPPG will also provide grant writing services until the City can fill the Grant Writer vacancy and may provide training on grant literacy and grant management services, as needed. The term of services is December 2, 2022 through June 30, 2023 and is for an amount not to exceed $57,250 for the extension period.
2021-2025 Strategic Targets and Goals
The proposed Amendment No. 1 to the Professional Service Agreement between the City and RPPG aligns with Key Target Goal No. 1: Improved Operational and Financial Capacity by supporting the City’s ongoing work to secure additional revenue sources.

Fiscal Impact
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the agreement between the City of San Bernardino and Renne Public Policy Group (RPPG), to extend and increase the agreement for grant consultation services for an amount not to exceed $57,250 for the extension period of December 2, 2022 through June 30, 2023.

Attachments
Attachment 1 Original Professional Service Agreement with Renne Public Policy Group
Attachment 2 First Amendment to Professional Service Agreement with Renne Public Policy Group
Ward:

All Wards
Synopsis of Previous Council Actions:

None.

FINANCIAL
DATA
Current Fiscal
Year:

Next Fiscal
Year:

Total Cost: Ongoing Cost:

COST $ 96,250 $ 0 $ 96,250 $ 0

GENERAL FUND
SHARE
$ 96,250 $ 0 $ 96,250 $ 0
SOURCE OF FUNDS:

General Fund, 100%
Budget Adjustment:

Yes
For Fiscal Year: 22/23
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9AMENDMENT NO. 1 TO

PROFESSIONAL SERVICE AGREEMENT

WITH RENNE PUBLIC POLICY GROUP (RPPG)
This Amendment No. 1 to the Professional Services Agreement for Grant Development Services is made and entered into as of December 2, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Renne Public Law Group, a California Limited Liability Partnership, D/B/A Renne Public Policy Group (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated May 9, 2022, for the purpose of providing grant development services (the “Master Agreement”)
B. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of seven (7) months, provide for additional services, and to include additional funds for the performance of the services in accordance with the compensation provisions of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Term. The term of the Master Agreement shall be extended for an additional term of seven (7) months through June 30, 2023, unless earlier terminated.

3. Services. The Services, as that term is defined in the Master Agreement, shall be amended to include additional services as more particularly described in Exhibit “A-1” , attached hereto and incorporated herein by this reference.

4. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed FIFTY-SEVEN THOUSAND TWO HUNDRED FIFTY DOLLARS ($57,250), thereby increasing the total not to exceed compensation of the Master Agreement to the amount of NINETY-SIX THOUSAND TWO HUNDRED FIFTY DOLLARS ($96,250). Work shall be performed at the rates set forth in the Pricing Schedule in Exhibit “A-1”.

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5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

6. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICE AGREEMENT

WITH RENNE PUBLIC POLICY GROUP (RPPG)
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

RENNE PUBLIC LAW GROUP, D/B/A

RENNE PUBLIC POLICY GROUP
Signature
Johnathan V. Holtzman
Name
Founding Partner
Title
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EXHIBIT A-1

SCOPE OF SERVICES/PRICING SCHEDULE
The Consultant will provide an all-inclusive service offering with no limit on the number of grant submissions for a monthly retainer fee structure based on the monthly rate specified within “Exhibit A-1.” RPPG will be available upon request for meetings with staff, Mayor and City Council, strategic planning, capacity building activities, and on-call grant research.

RPPG will provide prompt professional services, on an as needed basis for all assigned projects. The Consultant will provide services in accordance with the Scope of Services below:

SCOPE OF SERVICES
December 2, 2022 – June 30, 2023
# Activity Duration/Frequency
1 Provide Grant Writing, Research, and Project Management services to the City of San Bernardino.

Continuous
2a Notification of funding opportunities relevant to the City’s priorities and needs.

Continuous
2b Review of funding opportunities upon staff request. Continuous 3 Schedule “Deep Dive” meetings with department heads to assess funding gaps and service needs. Notes will be
compiled and shared with the City’s designated point(s) of contact for this contract. This information gathering phase will also include collecting data from staff to analyze past performance on grant opportunities.

Annually
4 Develop Analysis of Past Grant Performance. Upon completion of Activity #3, completed prior to December 2022.
5 Develop Grant Funding Priorities and Multi-Year Strategy. 2 – 3 weeks, upon completion of Activity #4
6 Schedule follow-up meeting with designated City staff to review the Analysis of Past Grant Performance and the
Grant Funding Priorities and Multi-Year Strategy
documents.

Upon completion of Activity #5
7 Send monthly Grant Activities Report to the City’s
designated point(s) of contact.

The first week of each month
8 Attending monthly meetings with the City’s designated point(s) of contact to track progress on grant-seeking
activities and review upcoming opportunities.
1 hour, recurring monthly
9 Schedule and provide capacity building training sessions for City staff (up to three times per session per year).

Continuously throughout the year,
upon request
10 Send Annual Report to the City’s designated point(s) of contact.

Annually, in December of each
contract year
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PRICING SCHEDULE
December 2, 2022 – June 30, 2023
The Consultant will provide an all-inclusive service offering with no limit on the number of grant submissions, strategic planning, capacity building activities, and on-call grant research for a monthly retainer fee of $6,500.

Training Costs
Under Option #2 and Option #3, the Grant Literacy, Grant Writing, and Grant Management trainings will be billed as an additional charge to the City. Each training will be billed at a rate of $1,250 per session, with a cap of three offerings per course (maximum cost of $11,250 annually).

If the City requests the Consultant travel to in-person meetings and events, the City will reimburse the consultant for the cost of travel, in accordance with the City’s travel policy.

Mileage reimbursement will be based on the 2022 standard mileage rate set by the Internal Revenue Service.

Per the City’s Travel Authority Policy, Direct Vendor Payments:
“Are made by the City to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, or airfare and can be paid through accounts payable or through the use of a City P-Card.”
Pricing Table
Description Unit of Measure Price
All-Inclusive Service Monthly Retainer $6,500.00
Estimated Total Monthly Retainer fees for 7 months
(December 2022 – June 2023)
$45,500.00
Training Per Course $1,250.00
Trainings are offered as requested. Each training will be billed at a rate of $1,250 per session, with a cap of three offerings per course (Maximum cost of $11,250 annually for the training series). $11,250.00
Mileage Reimbursement
(2022 IRS Mileage Rate)
Per mile driven for business use
*For in-person meetings and events
$0.585
Estimated total reimbursement for travel to meetings and events $500.00 Total Estimated Cost: $57,250.00
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Human Resources
Subject: Approving Salary Ranges and Amending the Salary Schedule
Recommendation:

Adopt Resolution No. 2022-230 of the Mayor and City Council of the City of San Bernardino, California:

1. Increasing the salary range for the classification of Shelter Veterinarian;

2. Approving a one-time, non-pensionable lump sum payment of $20,000 as a hiring incentive for the Shelter Veterinarian position; and

3. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

Background
The recruitment for Shelter Veterinarian in the Animal Services Department has not yielded any qualified applicants. With the current shortage of Veterinarians in the United States, the limited number of qualified applicants are being offered increased compensation packages and perks by both municipalities and private organizations, making the job market extremely competitive. This position is crucial in meeting the Department’s veterinary medical needs in addition to serving the residents and their pets. As such, staff is recommending increasing the salary range from 594, $9,059.07/month - $11,011.37/month to range 644, $11,624.17/month - $14,130.20/month, as well as offering a hiring incentive.

Discussion
Staff is proposing an increase of salary in order to be competitive with the current Packet Pg. 665
market landscape and to attract high-level qualified candidates. Additionally, staff is recommending a one-time, non-pensionable lump sum payment of $20,000 as a hiring incentive to fill the position. To ensure the candidate stays with the City, staff proposes that the employee would be required to forfeit and/or refund the hiring incentive to the City should the employee leave City service before their one (1) year anniversary of passing probation in the Shelter Veterinarian classification.

As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees’ Retirement System’s (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
2021-2025 Strategic Targets and Goals
The request to increase salary ranges and implement a hiring incentive for the Shelter Veterinarian classification are in line with 2021-2025 Key Strategic Goal No.2:

Focused, Aligned Leadership, and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
The financial impact of a one-time, non-pensionable lump sum hiring incentive payment would cost the City $20,000 in Fiscal Year 2022-23. The increase to the pay range, and the lump sum incentive for the Shelter Veterinarian will be covered by salary savings within the Animal Services Department for this fiscal year, resulting in no impact to the budget for FY 2022/23. The increase in salary will be included in future fiscal year budgets.

Conclusion
Adopt Resolution No. 2022-230 of the Mayor and City Council of the City of San Bernardino, California:

1. Increasing the salary range for the classification of Shelter Veterinarian;

2. Approving a one-time, non-pensionable lump sum payment of $20,000 as a hiring incentive for the Shelter Veterinarian position; and

3. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

Attachments
Attachment 1 Resolution 2022-230
Attachment 2 Resolution 2022-230; Exhibit A – City-wide Salary Schedule Ward:

All Wards
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Synopsis of Previous Council Actions:

October 19, 2022 Mayor and City Council adopted Resolution No. 2022-221 amending the City-wide salary schedule for full-time, parttime, temporary, and seasonal positions.

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Resolution No. 2022-230
Resolution 2022-230

RESOLUTION NO. 2022-230

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE FOLLOWING: 1. INCREASE OF THE

SALARY RANGE FOR THE CLASSIFICATION OF
SHELTER VETERINARIAN; 2. $20,000 HIRING

INCENTIVE FOR THE SHELTER VETERINARIAN
CLASSIFICATION; AND 3. AMENDMENT OF THE CITYWIDE SALARY SCHEDULE FOR FULL-TIME, PARTTIME, AND SEASONAL POSITIONS WHEREAS, the recruitment for Shelter Veterinarian in the Animal Services Department has not yielded any qualified applicants;
WHEREAS, the salary range for Shelter Veterinarian will increase to make the position more competitive in the labor market;
WHEREAS, a one-time, non-pensionable lump sum payment of $20,000 will be used as a hiring incentive to fill the Shelter Veterinarian position; WHEREAS, the salary schedule includes all adopted and approved classifications and salaries; and
WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.

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

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

SECTION 2. The salary range for Shelter Veterinarian range 644, $11,624.17/month- $14,130.20/month, is hereby amended.

SECTION 3. The Agency Director of Administrative Services is authorized to amend the Fiscal Year 2022/23 Adopted Budget by appropriating an additional $20,000 to fund the onetime, non-pensionable lump sum payment of $20,000 as a hiring incentive for the Shelter Veterinarian position.

SECTION 4. The city-wide salary schedule incorporated herein as Exhibit A, is hereby approved.

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Resolution No. 2022-230
Resolution 2022-230

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

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

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2022-230
Resolution 2022-230

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. 2022-230, 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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ADOPTED 11/02/22
EFFECTIVE 11/02/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30011 ACCOUNTANT I (FLEX) 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL30012 ACCOUNTANT II 485 $5,366.34 MONTHLY $6,523.11 MONTHLY GENERAL10012 ACCOUNTANT II ‐ PAYROLL 485 $5,259.93 MONTHLY $6,393.77 MONTHLY CONFIDENTIAL20013 ACCOUNTANT III 520 $6,384.21 MONTHLY $7,760.40 MONTHLY MIDDLE MANAGEMENT10860 ACCOUNTING DIVISION MANAGER (U) 608 $9,714.05 MONTHLY $11,807.69 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX) 399 $3,495.06 MONTHLY $4,247.23 MONTHLY GENERAL30018 ACCOUNTING TECHNICIAN II 419 $3,860.93 MONTHLY $4,692.73 MONTHLY GENERAL30030 ACCOUNTING TECHNICIAN III 437 $4,223.56 MONTHLY $5,133.91 MONTHLY GENERAL30709 ADMINISTRATIVE ASSISTANT 400 $3,512.28 MONTHLY $4,268.76 MONTHLY GENERAL10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) 464 $4,736.79 MONTHLY $5,757.77 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) 410 $3,618.78 MONTHLY $4,398.22 MONTHLY CONFIDENTIAL10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,803.35 MONTHLY $4,622.88 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,334.87 MONTHLY $6,484.20 MONTHLY MIDDLE MANAGEMENT 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 535 $6,749.21 MONTHLY $8,203.68 MONTHLY MANAGEMENT09710 AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 09525 AGENCY DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 09760 AGENCY DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 30140 ANIMAL CONTROL OFFICER I (FLEX) 411 $3,710.28 MONTHLY $4,509.79 MONTHLY GENERAL30141 ANIMAL CONTROL OFFICER II 424 $3,958.85 MONTHLY $4,812.17 MONTHLY GENERAL30092 ANIMAL LICENSE INSPECTOR 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,577.74 MONTHLY $7,995.85 MONTHLY MIDDLE MANAGEMENT30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL20319 ANIMAL SERVICES SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLY MIDDLE MANAGEMENT30119 ANIMAL SHELTER ATTENDANT 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL00300 APPRENTICE (PT) 381 $2,969.00 MONTHLY $3,608.00 MONTHLY NA20620 AQUATICS SUPERVISOR 468 $4,925.24 MONTHLY $5,987.48 MONTHLY MIDDLE MANAGEMENT30400 ARBORIST 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,782.78 MONTHLY $7,028.87 MONTHLY GENERAL PENDING ASSISTANT BUILDING OFFICIAL 583 $8,574.95 MONTHLY $10,422.83 MONTHLY MANAGEMENT 30271 ASSISTANT BUYER 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL50141 ASSISTANT CHIEF OF POLICE P6 $21,242.00 MONTHLY $21,242.00 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U) 705 $15,758.71 MONTHLY $19,152.82 MONTHLY EXECUTIVE 00212 ASSISTANT LITERACY PROGRAM COORDINATOR (PT) (GRANT FUNDED) 385 $3,029.00 MONTHLY $3,681.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX) 486 $5,393.24 MONTHLY $6,555.40 MONTHLY GENERAL10216 ASSISTANT TO THE CITY MANAGER (U) 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT10104 ASSISTANT TO THE MAYOR I (U) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY MANAGEMENT10105 ASSISTANT TO THE MAYOR II (U) 480 $5,130.20 MONTHLY $6,235.56 MONTHLY MANAGEMENT10106 ASSISTANT TO THE MAYOR III (U) 530 $6,583.62 MONTHLY $8,002.23 MONTHLY MANAGEMENT10107 ASSISTANT TO THE MAYOR IV (U) 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT20169 ASSOCIATE PLANNER 515 $6,227.24 MONTHLY $7,569.02 MONTHLY MIDDLE MANAGEMENT 00194 BACKGROUND INVESTIGATOR (PT) 493 $5,190.00 MONTHLY $6,308.00 MONTHLY NA 10060 BUDGET DIVISION MANAGER (U) 608 $9,714.05 MONTHLY $11,807.69 MONTHLY MANAGEMENT10062 BUDGET OFFICER 581 $8,490.57 MONTHLY $10,319.47 MONTHLY MANAGEMENT20250 BUILDING INSPECTION SUPERVISOR 542 $7,124.98 MONTHLY $8,660.29 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX) 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL City of San Bernardino
Salary Schedule
SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 1  of 8

EXHIBIT A
   
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ADOPTED 11/02/22
EFFECTIVE 11/02/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30073 BUILDING INSPECTOR II 487 $5,420.15 MONTHLY $6,587.68 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 511 $6,108.83 MONTHLY $7,425.93 MONTHLY GENERAL10500 BUILDING OFFICIAL (U) 613 $9,959.81 MONTHLY $12,105.12 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,713.17 MONTHLY $5,728.98 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,711.05 MONTHLY $8,157.12 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,860.93 MONTHLY $4,692.73 MONTHLY GENERAL 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,058.92 MONTHLY $4,932.69 MONTHLY GENERAL20271 BUYER 460 $4,732.79 MONTHLY $5,753.10 MONTHLY MIDDLE MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,425.12 MONTHLY $4,163.30 MONTHLY GENERAL10398 CHIEF DEPUTY CITY CLERK (U) 565 $7,838.75 MONTHLY $9,528.42 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE NA $22,195.99 MONTHLY $27,083.33 MONTHLY EXECUTIVE 10399 CITY CLERK (U) NA $10,590.00 MONTHLY $12,873.00 MONTHLY NA00601 CITY COUNCIL NA $1,166.67 MONTHLY $1,166.67 MONTHLY NA10370 CITY MANAGER (U) NA $23,750.00 MONTHLY $23,750.00 MONTHLY MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U) 620 $10,313.14 MONTHLY $12,535.45 MONTHLY MANAGEMENT10273 CODE ENFORCEMENT DIVISION MANAGER (U) 563 $7,760.70 MONTHLY $9,433.50 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX) 441 $4,308.57 MONTHLY $5,237.22 MONTHLY GENERAL30455 CODE ENFORCEMENT OFFICER II 472 $5,029.53 MONTHLY $6,113.13 MONTHLY GENERAL10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,181.88 MONTHLY $6,298.84 MONTHLY CONFIDENTIAL30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,417.25 MONTHLY $5,369.57 MONTHLY GENERAL30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U) 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT30754 COMMUNITY POLICING SPECIALIST 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,639.98 MONTHLY $9,286.03 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,307.83 MONTHLY $4,021.26 MONTHLY GENERAL20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,442.38 MONTHLY $6,615.37 MONTHLY MIDDLE MANAGEMENT20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,686.56 MONTHLY $5,696.12 MONTHLY MIDDLE MANAGEMENT 30758 COMMUNITY SERVICES OFFICER 410 $3,691.98 MONTHLY $4,487.20 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,229.50 MONTHLY $6,356.26 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL20424 CONSTRUCTION MANAGER 585 $8,829.09 MONTHLY $10,731.02 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U) 506 $5,841.09 MONTHLY $7,099.38 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,512.28 MONTHLY $4,268.76 MONTHLY GENERAL30603 CRIME ANALYST 493 $5,584.78 MONTHLY $6,787.83 MONTHLY GENERAL00605 CRIME DATA TECHNICIAN (PT) 362 $2,700.00 MONTHLY $3,282.00 MONTHLY NA20600 CRIME FREE PROGRAM COORDINATOR 490 $5,497.22 MONTHLY $6,682.02 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 493 $5,584.78 MONTHLY $6,787.83 MONTHLY GENERAL 00054 CUSTODIAL AIDE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA20616 CUSTODIAL SUPERVISOR 477 $5,152.09 MONTHLY $6,261.64 MONTHLY MIDDLE MANAGEMENT30621 CUSTODIAN 368 $2,993.62 MONTHLY $3,639.26 MONTHLY GENERAL30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,275.55 MONTHLY $3,981.45 MONTHLY GENERAL 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 396 $3,442.34 MONTHLY $4,184.82 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) 396 $3,442.34 MONTHLY $4,184.82 MONTHLY GENERAL 30224 CUSTOMER SERVICE REPRESENTATIVE (U) 386 $3,275.55 MONTHLY $3,981.45 MONTHLY GENERAL30100 DATA ANALYST 444 $4,374.21 MONTHLY $5,316.84 MONTHLY GENERAL10650 DEPUTY CITY CLERK I (U) 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL10654 DEPUTY CITY CLERK II (U) 530 $6,583.62 MONTHLY $8,002.23 MONTHLY MANAGEMENT10372 DEPUTY CITY MANAGER (U) 681 $13,980.43 MONTHLY $16,993.79 MONTHLY MANAGEMENT10066 DEPUTY DIRECTOR OF FINANCE (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 2  of 8
   
 Packet Pg. 672
ADOPTED 11/02/22
EFFECTIVE 11/02/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) 612 $9,910.23 MONTHLY $12,045.01 MONTHLY MANAGEMENT10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) 678 $13,772.65 MONTHLY $16,740.66 MONTHLY MANAGEMENT10802 DEPUTY DIRECTOR/CITY PLANNER (U) 662 $12,716.87 MONTHLY $15,457.05 MONTHLY MANAGEMENT10400 DEPUTY LIBRARY DIRECTOR (U) 575 $8,239.54 MONTHLY $10,015.71 MONTHLY MANAGEMENT40466 DETECTIVE/CORPORAL P2 $8,516.94 MONTHLY $11,169.58 MONTHLY POLICE SAFETY 10685 DIRECTOR OF ANIMAL SERVICES (U) 630 $10,840.50 MONTHLY $12,830.31 MONTHLY EXECUTIVE10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 10711 DIRECTOR OF FINANCE (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 10665 DIRECTOR OF HUMAN RESOURCES (U) 660 $12,590.30 MONTHLY $15,303.06 MONTHLY EXECUTIVE10625 DIRECTOR OF INFORMATION TECHNOLOGY (U) 660 $12,590.30 MONTHLY $15,303.06 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) 662 $12,716.87 MONTHLY $15,457.05 MONTHLY EXECUTIVE 10753 DIRECTOR OF PUBLIC WORKS (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $7,793.72 MONTHLY $9,473.10 MONTHLY MIDDLE MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U) 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,645.73 MONTHLY $9,293.22 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,668.11 MONTHLY $6,889.49 MONTHLY CONFIDENTIAL30831 ELECTRICIAN I (FLEX) 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL30841 ELECTRICIAN II 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL10367 EMERGENCY OPERATIONS MANAGER 565 $7,838.75 MONTHLY $9,528.42 MONTHLY MANAGEMENT30432 ENGINEERING ASSISTANT I (FLEX) 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $5,104.86 MONTHLY $6,205.67 MONTHLY GENERAL30436 ENGINEERING ASSISTANT III 511 $6,108.83 MONTHLY $7,425.93 MONTHLY GENERAL20441 ENGINEERING ASSOCIATE 532 $6,777.71 MONTHLY $8,238.83 MONTHLY MIDDLE MANAGEMENT10180 ENGINEERING PROJECT MANAGER 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT30445 ENGINEERING TECHNICIAN 446 $4,417.25 MONTHLY $5,369.57 MONTHLY GENERAL10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,649.01 MONTHLY $8,082.39 MONTHLY MANAGEMENT 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,832.61 MONTHLY $5,874.25 MONTHLY GENERAL20444 ENVIRONMENTAL PROJECT MANAGER 560 $7,793.72 MONTHLY $9,473.10 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,451.83 MONTHLY $9,058.09 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,480.97 MONTHLY $7,877.59 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX) 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL30943 EQUIPMENT SERVICE WORKER 408 $3,655.40 MONTHLY $4,443.08 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL10707 EXECUTIVE ASSISTANT (U) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL10982 EXECUTIVE ASSISTANT TO DIRECTOR (U) 464 $4,736.79 MONTHLY $5,757.77 MONTHLY CONFIDENTIAL10978 EXECUTIVE ASSISTANT TO MAYOR (U) 502 $5,725.07 MONTHLY $6,959.10 MONTHLY CONFIDENTIAL10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 502 $5,725.07 MONTHLY $6,959.10 MONTHLY CONFIDENTIAL10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT00083 EXTRA RELIEF HEAVY LABORER (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 591 $8,924.06 MONTHLY $10,847.89 MONTHLY MANAGEMENT30623 FACILITIES MAINTENANCE MECHANIC 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,227.24 MONTHLY $7,569.02 MONTHLY MIDDLE MANAGEMENT10512 FINANCIAL ANALYST 532 $6,649.01 MONTHLY $8,082.39 MONTHLY MANAGEMENT30506 FLEET PARTS STOREKEEPER 398 $3,476.77 MONTHLY $4,226.79 MONTHLY GENERAL30944 FLEET PARTS TECHNICIAN 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 3  of 8
   
 Packet Pg. 673
ADOPTED 11/02/22
EFFECTIVE 11/02/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 00259 FOOD SERVICE PROGRAM SPECIALIST (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA20060 FOOD SERVICE SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX) 448 $4,462.45 MONTHLY $5,423.37 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL20160 FORENSICS SUPERVISOR 525 $6,545.48 MONTHLY $7,956.07 MONTHLY MIDDLE MANAGEMENT20490 FORESTRY SUPERVISOR 542 $7,124.98 MONTHLY $8,660.29 MONTHLY MIDDLE MANAGEMENT10624 GIS ADMINISTRATOR 580 $8,448.38 MONTHLY $10,268.84 MONTHLY CONFIDENTIAL10623 GIS ANALYST 483 $5,207.20 MONTHLY $6,329.43 MONTHLY CONFIDENTIAL10730 GRANT DIVISION MANAGER (U) 601 $9,380.76 MONTHLY $11,402.68 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,841.09 MONTHLY $7,099.38 MONTHLY CONFIDENTIAL30133 GRANTS ANALYST 476 $5,130.68 MONTHLY $6,236.88 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL20100 GRANTS MANAGER (U) 506 $5,954.15 MONTHLY $7,236.80 MONTHLY MIDDLE MANAGEMENT30098 GROUNDWORKER ARBORIST 392 $3,374.54 MONTHLY $4,101.97 MONTHLY GENERAL30516 HAZMAT TECHNICIAN 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL10700 HOMELESS SERVICES COORDINATOR 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,668.11 MONTHLY $6,889.49 MONTHLY MANAGEMENT10129 HOUSING DIVISION MANAGER (U) 601 $9,380.76 MONTHLY $11,402.68 MONTHLY MANAGEMENT10657 HUMAN RESOURCES ANALYST 518 $6,200.75 MONTHLY $7,537.09 MONTHLY CONFIDENTIAL10683 HUMAN RESOURCES ANALYST I 500 $5,668.11 MONTHLY $6,889.49 MONTHLY CONFIDENTIAL10684 HUMAN RESOURCES ANALYST II 518 $6,200.75 MONTHLY $7,537.09 MONTHLY CONFIDENTIAL10682 HUMAN RESOURCES ANALYST TRAINEE 476 $5,028.95 MONTHLY $6,113.21 MONTHLY CONFIDENTIAL10672 HUMAN RESOURCES DIVISION MANAGER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL30207 HUMAN RESOURCES TECHNICIAN 418 $3,841.56 MONTHLY $4,670.13 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL10627 INFORMATION TECHNOLOGY ANALYST I (FLEX) 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,262.98 MONTHLY $7,613.03 MONTHLY CONFIDENTIAL 10637 INFORMATION TECHNOLOGY MANAGER 599 $9,287.94 MONTHLY $11,288.76 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) 447 $4,439.85 MONTHLY $5,396.47 MONTHLY GENERAL30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $4,905.79 MONTHLY $5,962.48 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE  NA $32.96 HOURLY $32.96 HOURLY NA30113 LEAD ANIMAL CONTROL OFFICER 437 $4,223.56 MONTHLY $5,133.91 MONTHLY GENERAL 30080 LEAD BUILDING INSPECTOR 526 $6,583.37 MONTHLY $8,002.71 MONTHLY GENERAL30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,725.75 MONTHLY $6,960.00 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,459.55 MONTHLY $4,205.27 MONTHLY GENERAL30932 LEAD EQUIPMENT MECHANIC 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL20170 LEAD FORENSICS SPECIALIST 503 $5,864.91 MONTHLY $7,129.29 MONTHLY MIDDLE MANAGEMENT30490 LEAD MAINTENANCE WORKER 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,004.78 MONTHLY $6,083.00 MONTHLY GENERAL10319 LEGAL ADMINISTRATIVE ASSISTANT (U) 497 $5,583.74 MONTHLY $6,787.18 MONTHLY CONFIDENTIAL30335 LIBRARIAN I (FLEX) 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL30366 LIBRARIAN II 479 $5,208.16 MONTHLY $6,330.50 MONTHLY GENERAL30341 LIBRARY ASSISTANT 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,732.79 MONTHLY $5,753.10 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U) 635 $11,114.73 MONTHLY $13,508.97 MONTHLY MANAGEMENT20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,552.05 MONTHLY $6,748.68 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $3,919.03 MONTHLY $4,763.75 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 4  of 8
   
 Packet Pg. 674
ADOPTED 11/02/22
EFFECTIVE 11/02/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 00361 LIBRARY PAGE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA20387 LIBRARY PROGRAM COORDINATOR 450 $4,502.71 MONTHLY $5,473.56 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX) 380 $3,178.70 MONTHLY $3,864.15 MONTHLY GENERAL30392 LIBRARY TECHNICIAN II 402 $3,546.71 MONTHLY $4,311.80 MONTHLY GENERAL00133 LIFEGUARD (PT) 370 $2,810.00 MONTHLY $3,416.00 MONTHLY NA30215 LITERACY PROGRAM COORDINATOR 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,448.72 MONTHLY $7,837.81 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX) 393 $3,391.76 MONTHLY $4,122.41 MONTHLY GENERAL30487 MAINTENANCE WORKER II 415 $3,784.53 MONTHLY $4,600.18 MONTHLY GENERAL30488 MAINTENANCE WORKER III 425 $3,978.22 MONTHLY $4,835.84 MONTHLY GENERAL10530 MANAGEMENT ANALYST I (FLEX) 476 $5,028.95 MONTHLY $6,113.21 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U) 476 $5,028.95 MONTHLY $6,113.21 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,841.09 MONTHLY $7,099.38 MONTHLY MANAGEMENT10533 MANAGEMENT ANALYST II (U) 506 $5,841.09 MONTHLY $7,099.38 MONTHLY MANAGEMENT10516 MARKETING & MEDIA SPECIALIST 476 $5,028.95 MONTHLY $6,113.21 MONTHLY CONFIDENTIAL30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,760.52 MONTHLY $5,787.09 MONTHLY GENERAL 00502 MAYOR NA $9,378.08 MONTHLY $9,378.08 MONTHLY NA10503 MAYOR'S CHIEF OF STAFF (U) 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) 561 $7,683.70 MONTHLY $9,339.63 MONTHLY MANAGEMENT10528 NETWORK SYSTEMS ADMINISTRATOR 566 $7,877.77 MONTHLY $9,575.88 MONTHLY CONFIDENTIAL30425 NPDES INSPECTOR I (FLEX) 461 $4,760.52 MONTHLY $5,787.09 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,366.34 MONTHLY $6,523.11 MONTHLY GENERAL20555 NPDES MANAGER 525 $6,545.48 MONTHLY $7,956.07 MONTHLY MIDDLE MANAGEMENT10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U) 591 $8,924.06 MONTHLY $10,847.89 MONTHLY MANAGEMENT30581 PARKING ENFORCEMENT OFFICER 380 $3,178.70 MONTHLY $3,864.15 MONTHLY GENERAL20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $6,845.45 MONTHLY $8,321.62 MONTHLY MIDDLE MANAGEMENT30611 PARKS MAINTENANCE WORKER I (FLEX) 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $3,899.66 MONTHLY $4,740.07 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,294.62 MONTHLY $7,651.00 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL20400 PERMIT SERVICES SUPERVISOR 494 $5,607.96 MONTHLY $6,816.42 MONTHLY MIDDLE MANAGEMENT 30691 PLANNING AIDE 456 $4,643.23 MONTHLY $5,643.97 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U) 594 $9,059.07 MONTHLY $11,011.37 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX) 499 $5,754.80 MONTHLY $6,994.43 MONTHLY GENERAL30682 PLANS EXAMINER II 534 $6,851.31 MONTHLY $8,328.75 MONTHLY GENERAL30481 PLUMBER 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL00192 POLICE CADET (PT) NA $15.00 HOURLY $17.00 HOURLY NA00520 POLICE CALL TAKER (PT) 396 $19.85 HOURLY $24.14 HOURLY NA50283 POLICE CAPTAIN P5 $17,351.00 MONTHLY $17,351.00 MONTHLY POLICE MANAGEMENT20775 POLICE DISPATCH MANAGER 528 $6,644.39 MONTHLY $8,076.49 MONTHLY MIDDLE MANAGEMENT20772 POLICE DISPATCH SUPERVISOR 498 $5,720.85 MONTHLY $6,954.04 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX) 425 $4,025.63 MONTHLY $4,893.48 MONTHLY POLICE DISPATCHER32768 POLICE DISPATCHER II 456 $4,698.57 MONTHLY $5,711.24 MONTHLY POLICE DISPATCHER30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,476.77 MONTHLY $4,226.79 MONTHLY GENERAL50402 POLICE LIEUTENANT P4 $14,743.00 MONTHLY $14,743.00 MONTHLY POLICE MANAGEMENT40751 POLICE OFFICER P1 $7,334.59 MONTHLY $9,795.27 MONTHLY POLICE SAFETY30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL20765 POLICE RECORDS SUPERVISOR 464 $4,828.48 MONTHLY $5,869.22 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX) 369 $3,008.68 MONTHLY $3,657.55 MONTHLY GENERAL30220 POLICE RECORDS TECHNICIAN II 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 5  of 8
   
 Packet Pg. 675
ADOPTED 11/02/22
EFFECTIVE 11/02/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 40332 POLICE SERGEANT P3 $9,638.12 MONTHLY $12,621.94 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $3,899.66 MONTHLY $4,740.07 MONTHLY GENERAL 00331 POOL MANAGER I (PT) 421 $3,624.00 MONTHLY $4,405.00 MONTHLY NA00333 POOL MANAGER II (PT) 443 $4,044.00 MONTHLY $4,916.00 MONTHLY NA20019 PRINCIPAL ACCOUNTANT 550 $7,414.20 MONTHLY $9,012.94 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,384.21 MONTHLY $7,760.40 MONTHLY MIDDLE MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,607.96 MONTHLY $6,816.42 MONTHLY MIDDLE MANAGEMENT30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) 411 $3,710.28 MONTHLY $4,509.79 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,029.53 MONTHLY $6,113.13 MONTHLY GENERAL10212 PUBLIC INFORMATION OFFICER (U) 593 $9,013.71 MONTHLY $10,956.52 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX) 476 $5,130.68 MONTHLY $6,236.88 MONTHLY GENERAL 30583 PUBLIC WORKS INSPECTOR II 499 $5,754.80 MONTHLY $6,994.43 MONTHLY GENERAL30584 PUBLIC WORKS INSPECTOR III 529 $6,683.45 MONTHLY $8,123.23 MONTHLY GENERAL 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $5,958.16 MONTHLY $7,242.82 MONTHLY MANAGEMENT 10863 PURCHASING DIVISION MANAGER (U) 598 $9,241.54 MONTHLY $11,232.86 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL10440 REAL PROPERTY MANAGER 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U) 460 $4,642.92 MONTHLY $5,643.85 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA00244 RECREATION LEADER (PT) 363 $2,714.00 MONTHLY $3,299.00 MONTHLY NA00230 RECREATION SPECIALIST (PT) 393 $3,152.00 MONTHLY $3,831.00 MONTHLY NA00256 RECREATION SUPERVISOR (AQUATICS) (PT) 481 $4,888.00 MONTHLY $5,942.00 MONTHLY NA30825 RECREATION THERAPIST 468 $4,929.46 MONTHLY $5,992.61 MONTHLY GENERAL30115 REGISTERED VETERINARY TECHNICIAN 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL10690 RISK DIVISION MANAGER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL00266 SECURITY OFFICER I (PT) 371 $2,824.00 MONTHLY $3,433.00 HOURLY NA 00265 SECURITY OFFICER II (PT) 395 $3,183.00 HOURLY $3,869.00 HOURLY NA30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL30410 SENIOR ARBORIST 502 $5,840.89 MONTHLY $7,099.89 MONTHLY GENERAL10154 SENIOR CIVIL ENGINEER 581 $8,490.57 MONTHLY $10,319.47 MONTHLY MANAGEMENT30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,181.59 MONTHLY $5,083.34 MONTHLY GENERAL30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) 435 $4,098.68 MONTHLY $4,982.54 MONTHLY CONFIDENTIAL10632 SENIOR GIS ANALYST 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,666.12 MONTHLY $5,672.33 MONTHLY CONFIDENTIAL 10689 SENIOR HUMAN RESOURCES/RISK ANALYST 559 $7,607.76 MONTHLY $9,246.81 MONTHLY CONFIDENTIAL10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,383.10 MONTHLY $8,974.69 MONTHLY CONFIDENTIAL10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 460 $4,642.92 MONTHLY $5,643.85 MONTHLY CONFIDENTIAL00283 SENIOR LIFEGUARD (PT) 396 $3,199.00 MONTHLY $3,889.00 MONTHLY NA10513 SENIOR MANAGEMENT ANALYST 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT10514 SENIOR MANAGEMENT ANALYST (U) 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $8,969.42 MONTHLY $10,901.68 MONTHLY CONFIDENTIAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 6  of 8
   
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CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30710 SENIOR OFFICE ASSISTANT 375 $3,100.15 MONTHLY $3,768.38 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U) 375 $3,038.67 MONTHLY $3,693.66 MONTHLY CONFIDENTIAL20243 SENIOR PLANNER 549 $7,377.64 MONTHLY $8,967.78 MONTHLY MIDDLE MANAGEMENT00294 SENIOR RECREATION LEADER (PT) 372 $2,838.00 MONTHLY $3,450.00 MONTHLY NA10300 SHELTER VETERINARIAN 644 $11,624.17 MONTHLY $14,130.20 MONTHLY MANAGEMENT 30978 SOLID WASTE FIELD INSPECTOR 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,497.22 MONTHLY $6,682.02 MONTHLY MIDDLE MANAGEMENT00019 STUDENT INTERN (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA20336 TECHNOLOGY LIBRARIAN 502 $5,835.89 MONTHLY $7,093.81 MONTHLY MIDDLE MANAGEMENT10443 TRAFFIC ENGINEER 573 $8,158.33 MONTHLY $9,916.56 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,777.71 MONTHLY $8,238.83 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,489.46 MONTHLY $9,103.25 MONTHLY MIDDLE MANAGEMENT20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $6,812.12 MONTHLY $8,279.69 MONTHLY MIDDLE MANAGEMENT30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX) 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,339.44 MONTHLY $6,489.76 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,170.16 MONTHLY $7,500.18 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,495.06 MONTHLY $4,247.23 MONTHLY GENERAL10740 TREASURY MANAGER 598 $9,241.54 MONTHLY $11,232.86 MONTHLY MANAGEMENT 20666 TREASURY SUPERVISOR 502 $5,835.89 MONTHLY $7,093.81 MONTHLY MIDDLE MANAGEMENT 30620 VOLUNTEER COORDINATOR (GRANT FUNDED) 358 $2,848.35 MONTHLY $3,461.71 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,784.19 MONTHLY $5,816.14 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17REVISION ADOPTED BY MCC 6/20/18REVISION ADOPTED BY MCC 06/19/19REVISION ADOPTED BY MCC 8/21/19REVISION ADOPTED BY MCC 1/15/20REVISION ADOPTED BY MCC 6/24/20REVISION ADOPTED BY MCC 9/2/20REVISION ADOPTED BY MCC 12/16/20REVISION ADOPTED BY MCC 2/17/21REVISION ADOPTED BY MCC 7/21/21REVISION ADOPTED BY MCC 6/16/21REVISION ADOPTED BY MCC 7/21/21REVISION ADOPTED BY MCC 8/4/21REVISION ADOPTED BY MCC 9/15/21REVISION ADOPTED BY MCC 10/20/21REVISION ADOPTED BY MCC 11/3/21REVISION ADOPTED BY MCC 2/2/22REVISION ADOPTED BY MCC 2/16/22REVISION ADOPTED BY MCC 3/16/22REVISION ADOPTED BY MCC 4/6/22REVISION ADOPTED BY MCC 5/18/22REVISION ADOPTED BY MCC 6/15/22REVISION ADOPTED BY MCC 7/20/22(U) DENOTES UNCLASSIFIED * Part‐time, seasonal, and temporary filled positions with a salary established in Resolution No. 2022‐    shall be paid the hourly equivalent of the salary listed in the 2022/2023 Salary Schedule and shall be provided only those benefits mandated by applicable SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 7  of 8
   
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CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT REVISION ADOPTED BY MCC 8/17/22REVISION ADOPTED BY MCC 9/21/22REVISION ADOPTED BY MCC 10/19/22 SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 8  of 8
   
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CITY OF SAN BERNARDINO POLICE DEPARTMENT
First 6 Following Third Fourth Fifth & SubJOB Months 18 Months Year Year sequent Yrs TITLE Service Service Service Service Service
Monthly Pay Rates Effective July 1, 2022:

Police Officer $7,334.59 $7,949.49 $8,565.46 $9,180.36 $9,795.27 P-1
Detective/Corporal $8,516.94 $9,180.36 $9,843.78 $10,506.16 $11,169.58 P-2
Sergeant $9,638.12 $10,383.81 $11,129.50 $11,876.25 $12,621.94 P-3
Lieutenant -- -- -- -- $14,743.00
P-4
Captain -- -- -- -- $17,351.00
P-5
Assistant Chief -- -- -- -- $21,242.00
P-6
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services
Department: Human Resources
Subject: Adoption of Ordinance Amending Chapter 2.82.020 of the San Bernardino Municipal Code to increase City
Council Member Compensation
Recommendation:

Adopt Ordinance No. MC-1595 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.020 of the San Bernardino Municipal Code to increase City Council Member Compensation.

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

No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council Members elected at the next regular election. The Mayor and Council Members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office.” The Mayor and City Council established the Elected Official Compensation Advisory Commission on February 21, 2018 (Ordinance MC-1463). The nine-member commission was tasked with serving in an advisory capacity to the Mayor and City Council in making recommendations relating to the compensation of city-elected Packet Pg. 680
officials. The commission conducts compensation surveys of city-elected officials in other California charter and/or general law cities, reviews Government Code provisions for compensation of city-elected officials and provides compensation recommendations to the Mayor and City Council pursuant to Section 305 of the City Charter. In response to direction from the City Council, the Elected Officials Compensation Advisory Commission was reactivated. The Elected Officials Compensation Advisory Commission has met (5) five times since October 2021 (October 13, 2021; November 10, 2021; November 30, 2021; January 10, 2022; and March 7, 2022).

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

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

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

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

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

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

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

A. Annual Salary of $21,000;
B. Employer health benefits contribution equivalent to that offered by the City to management employees;
C. An auto allowance of $725 per month;
D. Having been appointed by the mayor to a designated board, such as but not limited to the Inland Valley Development Agency, San Bernardino International Airport Authority, Omnitrans Board of Directors, San Bernardino County Transit Authority, and Interagency Council on Homelessness, $125 per meeting when acting as an official City Council representative, outside of regular City Council meetings, standing committees and ad hoc sub-committees, and only for meetings that are not already compensated; and
E. Annual Cost of Living Adjustment (COLA) equivalent to that offered by the City to management employees.

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

On September 21, 2022, October 5, 2022, and October 19, 2022, the ordinance adjusting the salary and benefits for the position of City Council Member was brought before the Mayor and City Council as a Public Hearing item. The following adjustments to salary and benefits were ultimately agreed upon at the October 19th meeting.

A. Annual Salary of $37,500;
B. Employer health benefits contribution equivalent to that offered by the City to management employees;
C. An auto allowance of $725 per month; and
D. Annual Cost of Living Adjustment (COLA) equivalent to that offered by the City to management employees.

The item under consideration by the City Council tonight is the adoption of Ordinance No. MC-1595, which if approved, amends Chapter 2.82.020 of the San Bernardino Municipal Code adjusting the salary of the position of City Council Member. It is important to underscore, the salary adjustments would be effective at the beginning of Packet Pg. 682
the new general election term, November 2022.

A summary of Ordinance No. MC-1595 was published on October 26, 2022 and is available to the public at the City of San Bernardino City Clerk's office. 2021-2025 Strategic Targets and Goals
Adjusting the salary of City Council Members aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community.

Fiscal Impact
Financial impact of the full cost of salary changes to the position of City Council Member would be $63,146 for the remainder of Fiscal Year 2022/23, and $221,036 in Fiscal Year 2023/24.

Conclusion
Adopt Ordinance No. MC-1595 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.020 of the San Bernardino Municipal Code to increase City Council Member Compensation.

Attachments
Attachment 1 Ordinance No. MC-1595
Ward:

All Wards
Synopsis of Previous Council Actions:

October 19, 2022 - Introduced for first reading Ordinance No. MC-1595 of the Mayor and City Council of the City of San Bernardino, California, amending Section

2.82.020 of the San Bernardino Municipal Code to increase City Council Member compensation.

October 3, 2018 - Ordinance No. MC 1504 was adopted by the Mayor and City Council, establishing compensation and benefits for the city elected officials.

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

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Ordinance No. MC-1595
ORDINANCE NO. MC-1595

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

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

BERNARDINO MUNICIPAL CODE TO INCREASE CITY

COUNCIL MEMBER COMPENSATION
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, Section 305 of the San Bernardino Charter (“Charter”) states that the compensation for City Council Members shall be established by ordinance following a public hearing and after giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City elected officials; and WHEREAS, Section 305 of the Charter further states that no ordinance increasing salaries of City Council Members shall become effective until the date of commencement of the terms of Council Members elected at the next regular election; and WHEREAS, Section 305 of the Charter further states that City Council Members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office; and
WHEREAS, Section 2.82.020 of the San Bernardino Municipal Code currently identifies the kinds of compensation City Council Members are to receive; and WHEREAS, a nine-member Elected Official Compensation Advisory Commission (“Commission”), established by the Mayor and City Council on February 21, 2018, met five (5) times between October 2021 and March 2022; and
WHEREAS, the Commission reviewed the methodology previously used to establish elected official salaries in 2018 and reviewed salaries and benefits provided to part-time city council members from the same twelve (12) cities that were reviewed in 2018; and WHEREAS, the Commission recommended increased salary benefits in order to align itself with other local cities of similar population sizes and in order to attract a diverse talent pool and to provide adequate compensation for this region while serving the City; and WHEREAS, at its March 7, 2022 meeting, the Commission recommended that:
1) The City Council Member’s annual salary be increased from $14,000 to $21,000; 2) That City Council Members continue to receive employer health benefits contribution equivalent to that offered by the City to management employees; 3) That City Council Member’s auto allowance be increased from $500 to $725 per month; Packet Pg. 684
Ordinance No. MC-1595
4) That City Council members receive $125 per meeting when acting as an official City Council representative, outside of regular Council Member duties, and for attending any meeting at the request of the City Council on behalf of the City of San Bernardino; and 5) That City Council Members receive an annual cost of living adjustment equivalent to that offered by the City to management employees.

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

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

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

A. Annual salary of $37,500;
B. Employer health benefits contribution equivalent to that offered by the City to management employees;
C. An auto allowance of $725 per month; and
D. An annual cost of living adjustment equivalent to that offered by the City to management employees.

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

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

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Ordinance No. MC-1595
SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Notwithstanding the foregoing, in accordance with Section 305 of the City Charter, this Ordinance may not become effective until the date of commencement of the terms of Council Members elected at the next regular election.

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Ordinance No. MC-1595

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1595, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the XX day of , 2022 and adopted at a regular meeting held the XX day of , 2022 by the following vote:

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

Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Ed Erjavek, Library Director
Department: Library Department
Subject: Library Literacy Program Grant Funding
Recommendation
Adopt Resolution No. 2022-231 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting grant funding in the amounts of $141,840 from the California Department of Education; $67,465 for Adult Literacy Services, $22,906 for Family Literacy Services and $53,642 for English as a Second Language from the California State Library for Literacy Program services.

2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Literacy Program including appropriating $53,642 in both revenues and expenditures for the new English as a Second Language Program and adjusting the Grant Fund budget to account for differences in estimated grant funding and actual grant funds received.

Background
The San Bernardino Public Library (SBPL) has a Literacy Department at the Feldheym Central Library, in the Jack L. Hill Lifelong Learning Center, that is almost entirely grant funded. The Literacy Department budget, adopted by the Mayor and City Council, is a projection as the actual amounts from the California Department of Education and the California State Library for California Library Literacy Services is not known until the fall of each year. The Literacy Program applies for these grants on annual basis. The California Department of Education funding is from the Workforce Innovation and Opportunity Act, Title II: Adult Education and Family Literacy Act. The Literacy Program is a partner of the San Bernardino County Workforce Development Board.

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Discussion
Various services to help City residents improve their lives, besides basic literacy services, are also offered through the Jack L. Hill Lifelong Learning Center including citizenship classes, free computer classes, a Makerspace area where people can build and create items and homework assistance for students in kindergarten through eighth grade. We are offering after-school homework assistance both in-person at our libraries and via Zoom with a combination of Literacy Department staff and work study students from CSUSB.

The Literacy Program Coordinator has been the only full-time staff member in the Literacy Department. A part-time Assistant Literacy Program Coordinator and part-time Library Assistant are integral to the program’s success with their wide range of skills and knowledge. They each work 29 hours a week as the Literacy Program funds their enrollment in CalPERS. The English as a Second Language (ESL) grant is a new grant that is scheduled to be available to apply for on an annual basis through FY 2025/26.

This grant will be very helpful in San Bernardino. To provide the expanded programming, staff recommends making the two previously mentioned part-time positions full-time for the next four years, during the availability of the additional grant funding. Unfortunately, the California State Library has disallowed some costs associated with personnel, specifically, the unfunded CalPERS liability that accompanies every full-time position. Staff requests that Mayor and City Council authorize the City to cover the approximately $25,000 per position ($50,000 per fiscal year) of additional cost. While this is a significant expense, the overall success of the Literacy Program and the value of these programs to our residents is much greater.

The use of the ESL funds will also help the Literacy Program expand its hours of service, as prior it was open to the public 20 hours a week due to limited staffing capability.

Plans for the ESL program include expanding marketing and outreach efforts, contracting an ESL teacher from the local Adult Education Consortium, as well as creating bilingual options for current class offerings. Using extra ESL funding we plan to contract dedicated CSUSB Federal Work Study students who can attend Homework Help and act as a liaison to encourage the adults of attending students to become lifelong learners.
2021-2025 Strategic Targets and Goals
The acceptance and administration of this funding aligns with Key Target No. 1:

Financial Stability and Key Target No. 3: Improved Quality of Life, with customer service.

Fiscal Impact
There is no fiscal impact to the General Fund in FY 2022/23 with the acceptance of this grant as there are no fund match requirements. The FY 2022/23 Adopted Budget Packet Pg. 689

for the Grant Fund will be reduced by $1,569 in the aggregate in both revenues and expenditures to account for differences in grant funding amounts versus estimates.

Additional budget of $53,642 will be added to both revenues and expenditures for the English as a Second Language California State Library grant.

Conclusion
Adopt Resolution No. 2022-231 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting grant funding in the amounts of $141,840 from the California Department of Education; $67,465 for Adult Literacy Services, $22,906 for Family Literacy Services and $53,642 for English as a Second Language from the California State Library for Literacy Program services.

2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Literacy Program including appropriating $53,642 in both revenues and expenditures for the new English as a Second Language Program and adjusting the Grant Fund budget to account for differences in estimated grant funding and actual grant funds received.

Attachments
Attachment 1 Resolution No. 2022-231
Attachment 2 Grant Award California Department of Education Attachment 3 Grant Award CLLS Adult Literacy and Family Literacy Attachment 4 Grant Award CLLS English as a Second Language Ward:

FINANCIAL
DATA
Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost:

COST $ 0 $ 50,000 $ 50,000 $ 50,000

GENERAL
FUND
SHARE
$ 0 $ 50,000 $ 50,000 $ 50,000
SOURCE OF FUNDS:

The General Fund budget accounts for
variances in CalPERS liability. This addition
will not have a material impact.

Budget Adjustment:

None required.

For Fiscal Year: 23/24
Packet Pg. 690

All Wards
Synopsis of Previous Council Actions:

March 2, 2022 - Mayor and City Council adopted Resolution 2022-45 of the Mayor and City Council of the City of San Bernardino, California authorizing the acceptance of grant funding in the amount of $87,752 from the California State Library's California Library Literacy Services (CLLS) and authorizing the Director of Finance to amend the FY 2021/22 adopted budget for revenue and expenditures to appropriate the funding.

Dec 1, 2021 - Mayor and City Council of the City of San Bernardino, California, accepted the Fiscal Year 2021/22 First Quarter Report and adopted Resolution No. 2021-289, authorizing an amendment to the FY 2021/22 General Fund Operating Budget in the amount of $414,500, which included authorizing acceptance of grant funding in the amount of $128,828 from the California Department of Education.

Packet Pg. 691
Resolution No. 2022-231
Resolution 2022-231
November 2, 2022

RESOLUTION NO. 2022-231

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ACCEPTING GRANT FUNDING IN THE AMOUNTS OF
$141,840 FROM THE CALIFORNIA DEPARTMENT OF
EDUCATON; $67,465 FOR ADULT LITERACY SERVICES,
$22,906 FOR FAMILY LITERACY SERVICES AND $53,642

FOR ENGLISH AS A SECOND LANGUAGE FROM THE

CALIFORNIA STATE LIBRARY FOR LITERACY

PROGRAM SERVICES AND AUTHORIZING AGENCY

DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND
THE FY 2022/23 ADOPTED BUDGET FOR THE LITERACY
PROGRAM INCLUDING APPROPRIATING $53,642 IN

BOTH REVENUES AND EXPENDITURES FOR THE NEW

ENGLISH AS A SECOND LANGUAGE PROGRAM

SERVICES
WHEREAS, the San Bernardino Public Library has been awarded grant funding in the amounts of $141,840 from the California Department of Education; $67,465 for Adult Literacy Services, $22,906 for Family Literacy Services and $53,642 for English as a Second Language from the California State Library for Literacy Program services; and WHEREAS, the Library’s Literacy Program will utilize this funding for its programs and services to help our residents improve their lives including with reading and education; and

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

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

SECTION 2. The Agency Director of Administrative Services is authorized to amend the FY 2022/23 Adopted Budget for the Literacy Program including appropriating $53,642 in both revenues and expenditures for the new English as a Second Language Program.

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

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

Packet Pg. 692
Resolution No. 2022-231
Resolution 2022-231
November 2, 2022

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 693
Resolution No. 2022-231
Resolution 2022-231
November 2, 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. 2022-231, 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. 694
Packet Pg. 695
Packet Pg. 696
Packet Pg. 697
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
24 August 2022
Ed Erjavek
San Bernardino Public Library
555 West 6th Street
San Bernardino, CA 92410
Dear Ed Erjavek,
We’re pleased to provide funds to support your California Library Literacy Services program and the important work that you, your staff, and volunteers do in your community.

The state budget continues California Library Literacy Services funding at $4.82 million for adult literacy services and $2.5 million for family literacy services.

Your total award for the fiscal year that began July 1, 2022, is:
x Adult Literacy Services: $67,465
x Family Literacy Services: $22,906
x Total Award: $90,371
Note: This year, your Family Literacy Services award amount differs $4,681 from your projected award amount. You will need to complete a Budget Modification Form to reflect how you will use the modified award when you complete your claim form. Information about the Budget Modification requirement and the form is included at the back of the award packet.

Your award will be claimed in two stages. The attached form will allow you to request the first 90% of your Adult Literacy Services Award and 100% of your Family Literacy Services Award:
x 90% of the Adult Literacy Award: $60,719
x 100% of the Family Literacy Award: $22,906
x Total Initial Award Amount: $83,625
Note: Information about claiming the remainder of your award is included in the payment schedule at the end of your award packet.

Your funds must be encumbered by June 30, 2023, and fully expended, in accordance with your approved budget on file with the State Library, by December 31, 2023. Encumbered funds are those that have been deposited in the awardee’s accounting system and for which a budget has been provided to and approved by the State Library.

DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 698
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
Please be sure your program expenditures are consistent with the California Library Literacy Services allowable and unallowable costs guide (https://libraryliteracy.org/wpcontent/uploads/2022/08/CLLS-Allowable-and-Unallowable-Expenses-August-2022.pdf). If you have any questions about expending your funds, please reach out to Allyson Jeffredo at [email protected].

We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium, and participate in library literacy training opportunities offered by the State Library and the regional networks to meet the CLLS Mission, Values, and Program Essentials (https://libraryliteracy.org/for-coordinators/mission-values/).

The payment process begins when we receive your completed and signed budget modification form (if applicable), claim form, certification forms, and State Funded Grants Award Agreement and Certificate of Compliance (attached). All forms should be completed and signed using DocuSign to be processed for payment.

Our library literacy staff is available to assist you throughout the year. Your Advisor is Beverly Schwartzberg, [email protected], and your Grant Monitor is Allyson Jeffredo, [email protected]. Please contact them with any questions.

Thank you for your willingness to do so much for those in need. Best wishes for a successful year.

Respectfully yours,
Greg Lucas
California State Librarian
Cc: Beverly Schwartzberg, [email protected] Allyson Jeffredo, [email protected]
Fiscal Office, [email protected]
Dana Petersen, [email protected]
Enc: Re: CLLS22-74: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance
DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 699
San Bernardino Public Library
THE BASICS – YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.

Award #: CLLS22-74
Library: San Bernardino Public Library
Award Amount: $90,371

APPROVED ALS BUDGET
Salary and Benefits $35,485
Contract Staff $3,500
Operations $16,480
Library Literacy Materials $10,000
Small Equipment $2,000
Equipment ($5,000 or more per unit) $ 0
Subtotal $67,465
Indirect $ 0
Grant Total $67,465

APPROVED FLS BUDGET
Salary and Benefits $9,316
Contract Staff $1,750
Operations $3,300
Library Literacy Materials $3,609
Small Equipment $ 250
Equipment ($5,000 or more per unit) $ 0
Subtotal $18,225
Indirect $ 0
Award Difference to be Allocated
(included in grand total below) $4,681
Grant Total $22,906
Start Date: Upon execution
End Date: June 30, 2023
Please understand that it can take from eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.

CONTACT
We want your project to be successful. Please work with the program staff listed below in implementing your project:

Literacy Analyst: Allyson Jeffredo
Phone Number: (916) 603-6709
Email Address: [email protected]
Library Programs Consultant: Beverly Schwartzberg
Phone Number: (916) 701-6880
Email Address: [email protected]
DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 700
San Bernardino Public Library

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

The claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18883 of the California Education Code.

City of San Bernardino Public Library, ATTN: Library Director, 555 W 6th St, San Bernardino, CA 92410-3001

SIGNED DATE

Signature - Authorized representative

Typed/Printed Name and Title of Authorized Representative

Email address of authorized representative
DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Edward Erjavek
9/21/2022
[email protected]
Library Director
Packet Pg. 701
San Bernardino Public Library
PROJECT INFORMATION:

Invoice #: CLLS22-74
Project Title: California Library Literacy Services
Grantee: San Bernardino Public Library
Funding Start Date: Upon execution
Term completion: June 30, 2023
DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 702
San Bernardino Public Library
Total Award: $90,371
PAYMENT SCHEDULE:

Libraries receive 90% of their Adult Literacy Services award and 100% of their Family Literacy Services award upon receipt of the award letter.

Note:

Libraries have 18 months to spend their California Library Literacy Services award funds, from July 1, 2022 in which the funds are awarded until December 30, 2023 of the following year.

Adult Literacy Services Family Literacy
Services
Total Allocation
Initial
Payment
$60,719 $22,906 $83,625
Final
Payment
$6,746 $6,746
Total: $67,465 $22,906 $90,371
REPORTING:

Libraries will be required to submit a mid-year financial and narrative report and a final report.

Reminder emails will be sent out beginning six weeks before the required report.

All required reporting materials will be located on the California State Library’s website. The reporting schedule is detailed below.

Mid-year Financial and Narrative Report Due January 31, 2023 Final Report Due September 30, 2023
Note:

A budget modification form will be required for all budget changes regardless of amount.

Modification form may be submitted throughout the year but no later than May 31st.

DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 703

STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 704
San Bernardino Public Library
California Library Literacy Services
2022-2023 CLLS22-74

TABLE OF CONTENTS
PROJECT SUMMARY 2

PROCEDURES AND REQUIRMENTS
A. Term of the Agreement 3
B. Scope of Work 3
C. Budget Detail 3
D. Narrative and Financial Reports 4
E. Claim Form and Payment 5
EXHIBIT A: TERMS AND CONDITIONS 7
EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM 22
Certification 25
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES 27
DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 705
San Bernardino Public Library
California Library Literacy Services
2022-2023 CLLS22-74

PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and San Bernardino Public Library for the California Library Literacy Services project.

AWARD AGREEMENT NUMBER CLLS22-74
This Award Agreement (“Agreement”) is entered into on July 1, 2022 by and between the California State Library (“State Library”) and San Bernardino Public Library, (“Grantee”).

This Award Agreement pertains to Grantee’s State-funded California Library Literacy Services project.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $90,371 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 706
San Bernardino Public Library
California Library Literacy Services
2022-2023 CLLS22-74

PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins July 1, 2022 and ends June 30, 2023, but the project's final expenditure date is December 31, 2023. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project's final encumbrance period ends on June 30, 2023 and all eligible program costs must be expended by December 31, 2023.

B. Scope of Work

1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the California Library Literacy Services project.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 707
San Bernardino Public Library
California Library Literacy Services
2022-2023 CLLS22-74

the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

D. Narrative and Financial Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
July - December Financial and Mid Project Program
Narrative Report Due
January 31, 2023
January – Project
End Date
Final Report Due September 30, 2023

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

E. Claim Form and Payment

1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 708
San Bernardino Public Library
California Library Literacy Services
2022-2023 CLLS22-74

document have been met, and only for those activities and costs specified in the approved award application.

2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. The Final Payment of 10% will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.

The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 709
San Bernardino Public Library
California Library Literacy Services
2022-2023 CLLS22-74

considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 710
San Bernardino Public Library
California Library Literacy Services
2022-2023 CLLS22-74

EXHIBIT A: TERMS and CONDITIONS

1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the Statewide Broadband Services Program.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
“Funding provided by the State of California.”
DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 711
San Bernardino Public Library
California Library Literacy Services
2022-2023 CLLS22-74

c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form.

3. Agency: In the performance of this Agreement the Grantee and it’s agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever.

4. 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 into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 712
San Bernardino Public Library
California Library Literacy Services
2022-2023 CLLS22-74

whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee 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, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

San Bernardino Public Library
Ed Erjavek
555 West 6th Street
San Bernardino, CA 92410
[email protected]
(909) 381-8210
California State Library
Allyson Jeffredo
900 N Street
Sacramento, CA 95814
[email protected]
916-603-6709

10. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

11. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 713
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contractors, subcontractors, volunteers, student interns 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 contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

12. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

13. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

14. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

15. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

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b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

16. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

17. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

18. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.

19. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

20. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 715
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made in writing and received by the California State Library at least 30 days prior to the final deadline.

21. Failure to Perform: The grant being utilized by the Grantee is to benefit the California Library Literacy Services. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.

22. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

23. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

24. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.

25. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

26. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

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27. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.

The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

28. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.

29. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

30. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

31. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award, and is not required to provide training in connection with this Agreement.

32. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 717
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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 Grantee in the performance of this Agreement.

33. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without thirdparty rights. All such usages will be for public library and State governmental purposes:
b. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
c. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

34. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $90,371 and shall be expended/encumbered in the designated award period.

During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

35. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

36. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment 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, DocuSign Envelope ID: 18E70B3C-799E-450D-96C5-262BC18C4FB8 Packet Pg. 718
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