Mayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, NOVEMBER 16, 2022
5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Robert D. Field
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT
OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
Please contact the City Clerk's Office (909) 3845002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters.
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup.
Select the corresponding year and meeting date folders to view documents.
Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Mayor ProTem, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor JohnValdivia
City Manager Robert D. Field
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION p. 11
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8)
Property: Carousel Mall Property, 43 acres
Agency Negotiator: Robert D. Field, City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group) Under Negotiation: Price and Terms
B. PUBLIC EMPLOYEE EVALUATION (Pursuant to Government Code Section 54957 (b)(1)):
City Manager
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
CITY MANAGER UPDATE
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
PRESENTATIONS
1. A presentation by Southern California Edison on programs and services offered to support fleet electrification. P. 12
2. Citizen of the Month Gonzalo B. Carrillo (Junior) Ward 4 (November 2022) P. 21
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mayor and City Council of the City of San Bernardino Page 3
DISCUSSION
3. Discussion of Recent State Law that Provides Tenant Protection and Consideration of Establishing Local Tenants Bill of Rights P. 23
Recommendation:
Discuss the Tenant Protection Act of 2019, Assembly Bill 1482 (“AB 1482”), and consider further studies related to establishing a local Tenants Bill of Rights.
PUBLIC HEARING
4. Resolution to Declare 42 Cityowned Properties as Surplus Land (Wards 1, 2, 3, 4, 6, 7) P. 70
Recommendation:
Adopt Resolution No. 2022234 of The Mayor and City Council of the City of San Bernardino, California, declaring Cityowned properties, identified by the following assessor parcel numbers: 013407119, 013407124, 013407158, 013407126, 013422143, 0134101 09, 013410110, 013401424, 013401425, 013401426, 013401427, 013402126, 013402127, 013402128, 013402129, 014607202, 028134110, 028134104, 0154 12507, 015412602, 015412601, 015412630, 014319174, 014319175, 014252208, 014252209, 014252211, 014252212, 014252235, 014252236, 014252237, 0142 52238, 014252225, 014252242, 014252241, 014252213, 014252214, 014252215, 014252216, 014252217, 014301244, 015545110, as surplus land; authorizing the issuance of the notice of availability forms and directing the City Manager to comply with the Surplus Land Act, Government Code section 54220 et seq., and finding the action exempt from CEQA for the disposition of Cityowned properties.
5. Development Code Amendment 2205 P. 244
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California:
1. Introduce, read by title only, and waive further reading of Ordinance No. MC1601 of the Mayor and City Council of the City of San Bernardino, California, amending Section19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update development standards for Commercial Cannabis Activities in accordance with Chapter
5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code; and finding that the Amendment is Exempt under the California Environmental Quality Act (Attachment 1); and
2.Schedule the adoption of Ordinance No. MC1601 to the regularly scheduled meeting of the Mayor and City Council on December 7, 2022.
6. Public Hearing on Annexation No. 27 to Community Facilities District 20191 (Ward 3) P . 272
Recommendation:
The Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2.Adopt Resolution No. 2022235 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 27); and
3. Hold a special landowner election and canvass the election; and
4.Adopt Resolution No. 2022236 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019 1 (Maintenance Services) (Annexation No. 27); and Mayor and City Council of the City of San Bernardino Page 4
5. Introduce, read by title only, and waive further reading of Ordinance No. MC1602 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20222023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services); and Schedule the adoption of Ordinance No. MC1602 for December 7, 2022.
CONSENT CALENDAR
7. Professional Services Agreement with Hurst Brooks Espinosa (HBE) LLC for State Legislative Advocacy Services (All Wards) P. 328
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or his designee, to execute a twoyear (2) agreement, (with the option to extend the agreement by oneyear (1) administratively), with Hurst Brooks Espinosa (HBE) LLC for state legislative advocacy services.
8. Aspen Institute City Learning Action Lab and City of San Bernardino Investment Playbook Update (All Wards) P. 395
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the City's participation in the Aspen Institute City Learning Action Lab, and development of the City of San Bernardino Investment Playbook.
9. Investment Portfolio Report for September 2022 (All Wards) P. 474 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for September 2022.
10. Approval of Commercial and Payroll Disbursements (All Wards) P. 486 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.
11. San Bernardino Police Management Association Compensation and Benefits Plan P. 524
Recommendation:
Adopt Resolution No. 2022237 of the Mayor and City Council of the City of San Bernardino, California, repealing Resolution No. 2015225, and adopting the Compensation and Benefits Plan between the City of San Bernardino and the San Bernardino Police Management Association (SBPMA), and updating the citywide salary schedule.
12. Allocation of $110,000 from the Cultural Development Impact Fund to fund facility upgrades at the Norton Gym and Jerry Lewis Swim Center Pump Room and to fund the Veterans Stand Down event and employee recognition event P. 560 Recommendation:
Adopt Resolution No. 2022238 of the Mayor and City Council of the City of San Bernardino, California, approving the allocation of $110,000 from the Cultural Development Impact Fund to be allocated to facility upgrades at Norton Gym ($30,000), Jerry Lewis Swim Center Pump Room ($50,000), Veterans Stand Down event ($20,000), and employee recognition event ($10,000).
Mayor and City Council of the City of San Bernardino Page 5
13. Approve the Awards of $98,000 for Visual and Performing Arts Grant to Winning Applications P. 566
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize Visual and Performance Art Grant awards to winning applications totaling $98,000.
14. Purchase of Cellular Site Simulator Equipment (All Wards) P. 587 Recommendation:
Adopt Resolution No. 2022239 of the Mayor and City Council of the City of San Bernardino, California, approving the Cellular Site Simulator Usage and Privacy Policy and authorizing the Agency Director of Administrative Services to amend the Adopted FY2022/2024 budget by $460,000, and issue a Purchase order to Tactical Support Equipment in an amount not to exceed $860,000.
15. Authorize a Budget Amendment to the Adopted 2022/2023 Budget and Enter into a Professional Service Agreement for a Police Dispatch Consultant (All Wards) P. 656 Recommendation:
Adopt Resolution No. 2022240 of the Mayor and City Council of the City of San Bernardino, California, authorizing:
1. The Agency Director of Administrative Services to amend the adopted 2022/2023 budget by increasing both revenue and expenditure by $158,670, and issue a purchase order to Kim Turner, LLC in an amount not to exceed $158,670.
2. The City Manager to enter into a professional service agreement with Kim Turner, LLC, for police dispatch consulting and training manual preparation.
16. Accept the 2022 COPS Hiring Program Grant P. 684
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022241 authorizing:
1. The City Manager to Accept the 2022 Department of Justice Community Oriented Policing Services Grant.
2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget with an appropriation of $1,250,000 in both revenues and expenditures in grant funds and $348,870.90 in General Fund expenditures in grant match requirements.
3. The police department to increase sworn staffing from 287 to 297.
17. Citywide Bus Stop Improvements Change Order (All Wards) P. 713 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute Contract Change Order (CCO) #1 to Project No. 13507 with Tryco General Engineering, in the amount of $238,759 for a total contract not to exceed amount of $501,259.
18. Maintenance Agreement with Southern California Regional Rail Authority (SCRRA) and Amendment No. 1 to Agreement with San Bernardino County Transportation Agency (SBCTA) and Omni Transportation (Omnitrans) (All Wards) P. 721 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the Maintenance Agreement for AtGrade Crossings with the Southern California Regional Rail Authority (SCRRA); authorize the City Manager to execute said Agreement; and
Mayor and City Council of the City of San Bernardino Page 6
2. Approve Amendment No. 1 to Agreement No. 171001666 between the City of San Bernardino, San Bernardino County Transportation Agency (SBCTA) and Omni Transportation (Omnitrans) for the operation and maintenance of the San Bernardino Transit Center, authorize the City Manager to execute said Amendment No.1
19. Agreement with McCain, Inc., for Traffic Signal Controllers (All Wards) P. 1031 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 Goods and Services Agreement with McCain, Inc., for traffic signal controllers and related components; and
2. Adopt resolution No. 2022242 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $200,000; and
3. Authorize the Agency Director of Administrative Services to issue a purchase order to McCain, Inc. for the purchase of traffic signal controllers in the amount not to exceed $200,000.
20. Issuance of a Purchase Order to National Auto Fleet Group for CNG Dump Truck (All Wards) P. 1070
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the purchase of a CNG Dump truck 2024 Freightliner 114SD from National Auto Fleet Group in the amount of $302,499.71; and
2. Authorize the Agency Director of Administrative Services to appropriate $302,499.71 to purchase the Freightliner Dump Truck using the AB2766 fund; and
3. Authorize the Agency Director of Administrative Services to issue a purchase order for National Auto Fleet Group in the amount not to exceed $302,499.71.
21. Amendment No. 3 to Agreement with Z&K Consultants, Inc. (All Wards) P. 1 092 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 3 to Professional Services Agreement with Z&K Consultants, Inc., extending the agreement until June 30, 2023.
22. Professional Services Agreements for OnCall PreQualified Engineering Services P. 1130
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of fiveyear Professional Services Agreements with various engineering firms and authorize the City Manager, or designee, to sign and execute the agreements.
23. Amendment No. 1 to the Professional Services Agreement with Tetra Tech BAS, Inc. (All Wards) P. 1154
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Tetra Tech BAS, Inc., to install upgrades to the existing landfill gas collection and treatment system at the City's inactive Waterman Landfill; and
2. Authorize the Agency Director of Administrative Services to issue a purchase order to Tetra Tech BAS, Inc. in the amount not to exceed$418,160.
Mayor and City Council of the City of San Bernardino Page 7
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
24. Resolution Declaring Homelessness a State of Emergency (All Wards) – Council Member Reynoso P. 1201
25. Airbnb Policy (All Wards) – Council Member Alexander P. 1202
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on December 07, 2022 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the November 16, 2022 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Thursday, November 10, 2022.
I declare under the penalty of perjury that the foregoing is true and correct.
Genoveva Rocha, CMC, City Clerk
Mayor and City Council of the City of San Bernardino Page 8 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized.
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.
Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.
Mayor and City Council of the City of San Bernardino Page 9
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.
Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page:tinyurl.com/mccpubliccomments. 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only; Meeting will not be viewable on Zoom)
a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 9006833. When prompted, enter the Meeting ID: 6778459453 Passcode:2021
The public may begin joining the meeting on Zoom or by calling in to be added to the speaker queue at 5:15 PM for Closed Session.
Once admitted to the Zoom Public Comment meeting, to request to speak at the appropriate time:
ii) Dial *9 from your phone to raise your hand via Zoom If calling in, staff will confirm the last four digits of the caller's phone number and unmute them; the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.
b) Join the Meeting by clicking on the Zoom link below:
https://sbcityorg.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhvaXQxZz0 Mayor and City Council of the City of San Bernardino Page 10 Meeting ID: 6778459453
Passcode:2021
You can also Go to Zoom.us and click "Join a Meeting" at the top.
Enter the Meeting ID: 6778459453
Passcode:2021
Public Hearings:
If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed.
Printed on 11/10/2022
CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager; Sonia Carvalho, City Attorney Department: City Attorney's Office
Subject: Closed Session
Recommendation:
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: Carousel Mall Property, 43 acres
Agency Negotiator: Robert D. Field, City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group)
Under Negotiation: Price and Terms
B. PUBLIC EMPLOYEE EVALUATION (Pursuant to Government Code Section 54957 (b)(1)): City Manager
Packet Pg. 11
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Department: City Manager's Office
Subject: A presentation by Southern California Edison on programs and services offered to support fleet
electrification.
Packet Pg. 12
Charge Ready
Packet Pg. 13
2 $436M in funding to support EV charging
infrastructure for light-duty electric vehicles
Provides significant financial and technical
assistance to install charging stations
Authorized budget will support over 30,000
charging ports
Three program offerings with different incentive
options designed to suit different applicant types
Charge Ready Program Highlights
Packet Pg. 14
3 Transformer
Utility Side
Infrastructure
Customer Side
Infrastructure
SCE covers the cost of make-ready infrastructure
Meter Panel
Service Conduit and Wires
SCE’s “Make Ready” Model
SCE will cover cost of make-ready infrastructure and may offer a rebate to offset cost of procuring and installing charging stations Participant is responsible for procuring charging stations in the vast majority of situations
Program covers costs associated with service drop, meter, panel and circuit dedicated to EV charging. MakeReady ends at interconnection point with charging equipment providing AC service.
Charging Stations
Packet Pg. 15
City of San Bernardino’s Charge Ready Projects
• Three projects with 10 Level 2 charging ports each (30 total charging ports):
• City Hall – 300 N. D St.
• Police Department – 710 N. D St.
• City Maintenance Yard – 234 S. Mountainview Ave.
• City eligible for an additional rebate per charging port • Projects awaiting agreement acceptance
Packet Pg. 16 4
Charge Ready Transport
Customer purchases, installs & deploys
chargers and vehicles
SCE builds TTM and BTM infrastructure
at no cost to customer.
Includes new transformers, service panels, trenching,
conduit and other project elements.
Customer must choose chargers from approved product list.
Some customers are eligible for a rebate up to 50%
$356.4 million
budget over 5 years
Supporting
8,490 EVs
Packet Pg. 17 5
Transportation Electrification Advisory Services
EV Readiness Studies
Helps multifamily property owners, tribal
communities, businesses and medium- and
heavy-duty fleet owners determine the
feasibility of their specific electrification
project. Customer will receive the following:
• Consultation call with an SCE
Transportation Electrification Advisor
• High-level study of your project with sitespecific recommendations and list of resources
Grant Assistance Program
Helps medium- and heavy-duty fleets apply for
state and local competitive funding opportunities
to reduce the cost of purchasing EVs.
• Grant Writing Assistance: Step-by-step support
identifying, writing and submitting funding
applications for fleets of 50 vehicles or fewer.
• Grant Package Review: Expert review of nearly
completed funding applications for fleets of
any size.
www.sce.com/EVRS www.sce.om/TEAS
Packet Pg. 18 6
This is what a relevant property is
required to have on 10% of parking
spaces to comply with CALGreen
This is where SCE wants a relevant
property to get with the $3500/port
New Construction Rebate
1 Applicable for any multifamily property within SCE territory that is currently in development or has a certificate of occupancy 1/1/2017 or after Charge Ready New Construction Rebate
Packet Pg. 19 7
8 Getting Ready
Contact your SCE Account Manager or Government
Relations Manager to start the conversation
Visit www.sce.com/ChargeReady
Start evaluating which vehicles are potential
candidates for electrification
Develop a vehicle acquisition schedule for
replacement vehicles
Develop site map with preferred locations of
charging infrastructure
Packet Pg. 20
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Fred Shorett, Council Member, 4th Ward
Department: Council Office
Subject: Citizen of the Month - Gonzalo B. Carrillo (Junior) - Ward 4 (November 2022)
Packet Pg. 21
City of San Bernardino
FROM THE
MAYOR AND CITY COUNCIL HONORING
GONZALO B. CARRILLO
(JUNIOR)
NOVEMBER 2022
CITIZEN OF THE MONTH AWARD
Concerned
Investor
Time/Talent
Involved
Zealous
Enthusiastic
Neighborly
In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 16th day of November 2022
Packet Pg. 22
Discussion
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Nathan Freeman, Agency Director of Community, Housing, and Economic Development
Department: Community & Economic Development (CED)
Subject: Discussion of Recent State Law that Provides Tenant Protection and Consideration of Establishing Local
Tenants Bill of Rights.
Recommendation
Discuss the Tenant Protection Act of 2019, Assembly Bill 1482 (“AB 1482”), and consider further studies related to establishing a local Tenants Bill of Rights.
Background
According to the San Bernardino County 2022 Affordable Housing Needs Report published by the California Housing Partnership in May 2022, renters in San Bernardino County need to earn $34.86 per hour (2.3 times the state minimum wage) to afford the average monthly rent of $1,813. Moreover, asking monthly rents in San Bernardino County increased by 13.7% between Q4 2020 and Q1 2021. As a result, many residents in San Bernardino are facing housing instability related to evictions and staggering rent increases. This instability poses a threat to the public’s peace, health, and safety.
The Mayor and City Council has raised the prospect of establishing a local “Tenants Bill of Rights” that would apply City-wide and that would (1) ensure language access by requiring advance notification greater than the current applicable standards and (2) extend current mobile home park rent increase standards to all rental units within the City (All Wards). This report explains state tenant protection laws including AB 1482, which was designed to protect tenants state-wide. Additionally, this report discusses the City’s Mobile Home Rent Ordinance and outline different options available to help San Bernardino renters in light of state tenant protection laws. At the Mayor and City Council’s direction, the City can choose to expand upon AB 1482 and adopt other tenant protection measures, including those discussed in this report.
Packet Pg. 23
Discussion
Assembly Bill 1482
On October 8, 2019, Governor Gavin Newsom approved AB 1482 (Attachment I), also known as the Tenant Protection Act of 2019, which established certain state-wide tenant protection rules, including protections against unfair housing practices, significant rent increases, and wrongful evictions. AB 1482 came into effect on January 1, 2020 and is in effect until January 1, 2030. Among other things, AB 1482 limits rent increases across the State of California to 5% per year plus the percentage change in the cost of living, or 10%, whichever is lower, and includes certain eviction protections.
Rent Control Provisions
• Rent cannot be increased more than 5% + local CPI or 10%, whichever is lower. • Rent can only be increased two times within any given twelve-month period. If rent is raised twice within a year, the rate of the second increase will be factored from the original base rent from the start of that year, not the recently increased rate. • If a covered tenant’s rent was increased above the allowable amount between March 15, 2019, and January 1, 2020, the landlord must decrease the rent to the allowable amount (5% plus CPI or 10% whichever is lower). The landlord does not have to repay the tenant for the rent paid above the allowable amount. • A master tenant cannot sublease the premises to a subtenant at a higher rate than the allowable rent amount charged by the property owner. • In order to legally raise the rent, landlords must continue to provide proper written notice to tenants.
• When a covered tenant vacates the property, the landlord can change the rent to whatever rate they choose (vacancy control).
Just Cause Provisions
AB 1482 also includes “Just Cause” provisions, which limit the lawful reasons why a landlord can evict a tenant. There are two types of evictions allowed under “Just Cause”, which are distinguished between “At Fault” and “No Fault”. If a landlord wishes to evict a tenant for an “At Fault” “Just Cause” reason, the landlord must first provide the tenant the opportunity to fix the violation when possible. Also, “At Fault” evictions do not require the landlord to provide relocation assistance to the evicted tenant. However, “No Fault” “Just Cause” evictions require the landlord to provide relocation assistance t the evicted tenant by either (1) providing a direct payment to the tenant equivalent to one month’s rent within fifteen calendar days of serving the eviction notice or (2) waiving in writing the payment of rent for the final month of the tenancy.
At Fault Eviction No Fault Eviction
Failure to pay rent The landlord or their family wish to move into unit.
Violating the lease The landlord withdraws the rental from the market because he/she wants to
retire (“mom and pop”), or he/she is going
out of business.
Packet Pg. 24
Committing a nuisance An order is issued by a court or
government agency that requires a tenant
to vacate.
Damaging the property The landlord wishes to demolish or substantially remodel the unit.
Tenant refuses to sign lease extension or
renewal (lease must have similar
provisions as previous lease)
Criminal activity/threat to landlord
Subletting without landlord approval
Refusal to allow landlord entry to make
repairs, in cases of emergency or under
court order
Failure to vacate after providing written
notice or after an offer to surrender is
accepted by landlord
Who Qualifies for AB 1482 Protection
AB 1482’s protections do not extend to all tenants. Tenants qualify for “Just Cause” protection only after they have lived in a unit for twelve months or longer. If an additional adult tenant moves in within the first twelve months of the lease, AB 1482 will not apply until at least one tenant has resided in the unit for twenty-four months.
Properties Covered by Rent Caps Under AB 1482
All California rental properties are covered in AB 1482, except the following:
• Homes that are not owned by a corporation, real estate investment trust or LLC where one member is a corporation and tenants have received notice that the unit is exempt from AB 1482.
• Rental property built (issued a Certificate of Occupancy) within the last 15 years, including accessory dwelling units (ADU’s).
o This is a rolling date for compliance so for example, a property built in 2008 will be subject to the rent increase cap starting in 2023.
o If the owner fails to include a “Just Cause: Exemption Notice in the rental agreement to new tenants or renewals, the rental unit is not exempt from AB 1482. o Agencies are available to help property owners prepare the notice of exemption from AB 1482 as well as providing notices to tenants about just cause protections and rent caps.
• Owner occupied rental properties.
• Mobile homes.
Packet Pg. 25
• Single-family owner-occupied residences, including a residence in which the owneroccupant rents or leases no more than two units or bedrooms, including but not limited to an ADU.
• Transient or tourist hotel occupancy.
• Housing accommodations in a non-profit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, or an adult residential facility. • Dormitories owned and occupied by an institution of higher education, or a kindergarten and grades one-twelve school.
• Housing restricted by a deed, regulatory restrictions or other recorded document limiting the affordability to low- or moderate-income households. • Rental property already subject to local ordinances that restrict rent increases to less than 5% plus CPI.
Actions Renters Can Take if their Landlord Refuses to Comply If a renter resides in a property covered by AB 1482 and their landlord increased rents above the permissible rate, he or she can obtain a sample letter template from http://bit.ly/AB1482RentRollback to personalize and to use to inform their landlord that their rent must be reduced to 5% + local CPI or 10%, whichever is lower. If the landlord refuses, the tenant may take legal action to enforce his or her rights under AB 1482. If a covered renter is being evicted, he or she should seek legal assistance through the Tenants Together Hotline 888-495-8020, by contacting Inland Fair Housing and Mediation Board (IFHMB) at 909-984-2254 located at 330 N D Street Ste. 357 San Bernardino, CA 92401, or through legal counsel of their choice.
Mobile Home Rent Ordinance
The City has an existing mobile home rent ordinance (Exhibit B) that covers approximately forty-eight mobile home parks within City limits. Specifically, the space rent ceiling adjustment set forth in San Bernardino Municipal Code Chapter 8.90.100 provides that “a park owner shall be entitled to an annual permissive adjustment of gross space rental income equal to eighty percent (80%) of the percentage adjustment in the CPI from the date of the most recent initial or annual adjustment to the date of application for the proposed adjustment”. In the event a park owner wants to challenge the maximum permissive adjustment citing an unreasonable return, the park owner can file an application with the City Manager for a proposed rate increased with sufficient justification. In accordance with a 2016 settlement agreement between the Non-Profit Corporations (a group of owners of mobile home parks within the City) and the City, increase requests follow a strict procedure and are heard by the City’s Administrative Hearing Officer.
Options for Local Action & Protections
AB 1482 provides a base level of tenant protections that apply to renters within the City.
However, the City may consider adopting additional measures to protect tenants, such as the following:
• Requiring landlords to pay two or three months’ rent or allow the landlord to withhold collecting rent for two or three months so that tenants are better suited to obtain new Packet Pg. 26
housing. Under AB 1482, landlords are only required to provide relocation assistance equivalent to one month’s rent for “No Fault” evictions. AB 1482 expressly allows local agencies to adopt “Just Cause” ordinances that are “more protective” than the “Just Cause” provisions of AB 1482.
• Limiting rental application fees.
• Adopting a Resolution directing further analysis of the additional regulatory framework and infrastructure necessary to implement residential rent stabilization, “just cause” eviction protections, and other protections for tenants facing housing instability. • Requiring property owners to provide written notice of compliance with “Just Cause” eviction ordinance protections (e.g., by including notice in the rental agreement) and to provide a copy of the notice to the City.
• Forming a “Housing Ad Hoc Committee” to identify and address housing issues and provide additional recommendations for the City Council’s consideration. 2021-2025 Key Strategic Targets and Goals
Expanding upon AB 1482 or developing a Tenants Bill of Rights aligns with Key Target No. 3- Improved Quality of Life as tenants will have improved protections which in turn will promote healthy housing and reduce the risk of homelessness.
Fiscal Impact
No Fiscal Impact
Conclusion
Discuss the Tenant Protection Act of 2019, Assembly Bill 1482 (“AB 1482”), and consider further studies related to establishing a local Tenants Bill of Rights.
Attachments
Attachment 1 AB 1482
Attachment 2 San Bernardino Mobile Home Rent Ordinance
Attachment 3 Tenants Protection Act AB 1482 ppt
Ward:
All Wards
Synopsis of Previous Council Actions:
On October 6, 2021 Council expressed an interest in forming a Tenants Bill of Rights (All Wards).
Packet Pg. 27
Assembly Bill No. 1482
CHAPTER 597
An act to add and repeal Sections 1946.2, 1947.12, and 1947.13 of the Civil Code, relating to tenancy.
[Approved by Governor October 8, 2019. Filed with Secretary of State October 8, 2019.]
legislative counsel’s digest
AB 1482, Chiu. Tenant Protection Act of 2019: tenancy: rent caps.
Existing law specifies that a hiring of residential real property, for a term not specified by the parties, is deemed to be renewed at the end of the term implied by law unless one of the parties gives written notice to the other of that party’s intention to terminate. Existing law requires an owner of a residential dwelling to give notice at least 60 days prior to the proposed date of termination, or at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year, as specified. Existing law requires any notice given by an owner to be given in a prescribed manner, to contain certain information, and to be formatted, as specified.
This bill would, with certain exceptions, prohibit an owner, as defined, of residential real property from terminating a tenancy without just cause, as defined, which the bill would require to be stated in the written notice to terminate tenancy when the tenant has continuously and lawfully occupied the residential real property for 12 months, except as provided. The bill would require, for certain just cause terminations that are curable, that the owner give a notice of violation and an opportunity to cure the violation prior to issuing the notice of termination. The bill, if the violation is not cured within the time period set forth in the notice, would authorize a 3-day notice to quit without an opportunity to cure to be served to terminate the tenancy. The bill would require, for no-fault just cause terminations, as specified, that the owner, at the owner’s option, either assist certain tenants to relocate, regardless of the tenant’s income, by providing a direct payment of one month’s rent to the tenant, as specified, or waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due. The bill would require the actual amount of relocation assistance or rent waiver provided to a tenant that fails to vacate after the expiration of the notice to terminate the tenancy to be recoverable as damages in an action to recover possession. The bill would provide that if the owner does not provide relocation assistance, the notice of termination is void. The bill would except certain properties and circumstances from the application of its provisions. The bill would require an owner of residential property to provide prescribed notice to a tenant of the tenant’s rights under these
91 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Packet Pg. 28
provisions. The bill would not apply to residential real property subject to a local ordinance requiring just cause for termination adopted on or before September 1, 2019, or to residential real property subject to a local ordinance requiring just cause for termination adopted or amended after September 1, 2019, that is more protective than these provisions, as defined. The bill would void any waiver of the rights under these provisions. The bill would repeal these provisions as of January 1, 2030.
Existing law governs the hiring of residential dwelling units and requires a landlord to provide specified notice to tenants prior to an increase in rent.
Existing law, the Costa-Hawkins Rental Housing Act, prescribes statewide limits on the application of local rent control with regard to certain properties.
That act, among other things, authorizes an owner of residential real property to establish the initial and all subsequent rental rates for a dwelling or unit that meets specified criteria, subject to certain limitations.
This bill would, until January 1, 2030, prohibit an owner of residential real property from, over the course of any 12-month period, increasing the gross rental rate for a dwelling or unit more than 5% plus the percentage change in the cost of living, as defined, or 10%, whichever is lower, of the lowest gross rental rate charged for the immediately preceding 12 months, subject to specified conditions. The bill would prohibit an owner of a unit of residential real property from increasing the gross rental rate for the unit in more than 2 increments over a 12-month period, after the tenant remains in occupancy of the unit over a 12-month period. The bill would exempt certain properties from these provisions. The bill would require the Legislative Analyst’s Office to submit a report, on or before January 1, 2030, to the Legislature regarding the effectiveness of these provisions. The bill would provide that these provisions apply to all rent increases occurring on or after March 15, 2019. The bill would provide that in the event that an owner increased the rent by more than the amount specified above between March 15, 2019, and January 1, 2020, the applicable rent on January 1, 2020, shall be the rent as of March 15, 2019, plus the maximum permissible increase, and the owner shall not be liable to the tenant for any corresponding rent overpayment. The bill would authorize an owner who increased the rent by less than the amount specified above between March 15, 2019, and January 1, 2020, to increase the rent twice within 12 months of March 15, 2019, but not by more than the amount specified above. The bill would void any waiver of the rights under these provisions.
The Planning and Zoning Law requires the owner of an assisted housing development in which there will be an expiration of rental restrictions to, among other things, provide notice of the proposed change to each affected tenant household residing in the assisted housing development subject to specified procedures and requirements, and to also provide specified entities notice and an opportunity to submit an offer to purchase the development prior to the expiration of the rental restrictions.
This bill would authorize an owner of an assisted housing development, who demonstrates, under penalty of perjury, compliance with the provisions described above with regard to the expiration of rental restrictions, to 91 Ch. 597 — 2 —
Packet Pg. 29
establish the initial unassisted rental rate for units without regard to the cap on rent increases discussed above, but would require the owner to comply with the above cap on rent increases for subsequent rent increases in the development. The bill would authorize an owner of a deed-restricted affordable housing unit or an affordable housing unit subject to a regulatory restriction contained in an agreement with a government agency limiting rental rates that is not within an assisted housing development to establish the initial rental rate for the unit upon the expiration of the restriction, but would require the owner to comply with the above cap on rent increases for subsequent rent increases for the unit. The bill would repeal these provisions on January 1, 2030. The bill would void any waiver of the rights under these provisions. By requiring an owner of an assisted housing development to demonstrate compliance with specified provisions under penalty of perjury, this bill would expand the existing crime of perjury and thus would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as the Tenant Protection Act of 2019.
SEC. 2. Section 1946.2 is added to the Civil Code, to read:
1946.2. (a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied:
(1) All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more.
(2) One or more tenants have continuously and lawfully occupied the residential real property for 24 months or more.
(b) For purposes of this section, “just cause” includes either of the following:
(1) At-fault just cause, which is any of the following:
(A) Default in the payment of rent.
(B) A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
91 — 3 — Ch. 597
Packet Pg. 30
(C) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(D) Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(E) The tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law. (F) Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the residential real property, that is directed at any owner or agent of the owner of the residential real property.
(G) Assigning or subletting the premises in violation of the tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. (H) The tenant’s refusal to allow the owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of this code, and Sections 13113.7 and 17926.1 of the Health and Safety Code. (I) Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(J) The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
(K) When the tenant fails to deliver possession of the residential real property after providing the owner written notice as provided in Section 1946 of the tenant’s intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.
(2) No-fault just cause, which includes any of the following:
(A) (i) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
(ii) For leases entered into on or after July 1, 2020, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1). (B) Withdrawal of the residential real property from the rental market. (C) (i) The owner complying with any of the following:
91 Ch. 597 — 4 —
Packet Pg. 31
(I) An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property. (II) An order issued by a government agency or court to vacate the residential real property.
(III) A local ordinance that necessitates vacating the residential real property.
(ii) If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).
(D) (i) Intent to demolish or to substantially remodel the residential real property.
(ii) For purposes of this subparagraph, “substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation.
(c) Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
(d) (1) For a tenancy for which just cause is required to terminate the tenancy under subdivision (a), if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the owner shall, regardless of the tenant’s income, at the owner’s option, do one of the following:
(A) Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph (3).
(B) Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.
(2) If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant of the tenant’s right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the rent for the final month of the tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy. (3) (A) The amount of relocation assistance or rent waiver shall be equal to one month of the tenant’s rent that was in effect when the owner issued 91 — 5 — Ch. 597
Packet Pg. 32
the notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice. (B) If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession.
(C) The relocation assistance or rent waiver required by this subdivision shall be credited against any other relocation assistance required by any other law.
(4) An owner’s failure to strictly comply with this subdivision shall render the notice of termination void.
(e) This section shall not apply to the following types of residential real properties or residential circumstances:
(1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.
(2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
(3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. (4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
(5) Single-family owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
(6) A duplex in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy.
(7) Housing that has been issued a certificate of occupancy within the previous 15 years.
(8) Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
(A) The owner is not any of the following:
(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a corporation.
(B) (i) The tenants have been provided written notice that the residential property is exempt from this section using the following statement:
91 Ch. 597 — 6 —
Packet Pg. 33
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.” (ii) For a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement. (iii) For any tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement. (iv) Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b).
(9) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(f) An owner of residential real property subject to this section shall provide notice to the tenant as follows:
(1) For any tenancy commenced or renewed on or after July 1, 2020, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
(2) For a tenancy existing prior to July 1, 2020, by written notice to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement.
(3) The notification or lease provision shall be in no less than 12-point type, and shall include the following:
“California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.”
The provision of the notice shall be subject to Section 1632. (g) (1) This section does not apply to the following residential real property:
91 — 7 — Ch. 597
Packet Pg. 34
(A) Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted on or before September 1, 2019, in which case the local ordinance shall apply. (B) Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted or amended after September 1, 2019, that is more protective than this section, in which case the local ordinance shall apply. For purposes of this subparagraph, an ordinance is “more protective” if it meets all of the following criteria:
(i) The just cause for termination of a residential tenancy under the local ordinance is consistent with this section.
(ii) The ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, or provides additional tenant protections that are not prohibited by any other provision of law.
(iii) The local government has made a binding finding within their local ordinance that the ordinance is more protective than the provisions of this section.
(2) A residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and this section.
(3) A local ordinance adopted after September 1, 2019, that is less protective than this section shall not be enforced unless this section is repealed.
(h) Any waiver of the rights under this section shall be void as contrary to public policy.
(i) For the purposes of this section, the following definitions shall apply:
(1) “Owner” and “residential real property” have the same meaning as those terms are defined in Section 1954.51.
(2) “Tenancy” means the lawful occupation of residential real property and includes a lease or sublease.
(j) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 3. Section 1947.12 is added to the Civil Code, to read:
1947.12. (a) (1) Subject to subdivision (b), an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the effective date of the increase. In determining the lowest gross rental amount pursuant to this section, any rent discounts, incentives, concessions, or credits offered by the owner of such unit of residential real property and accepted by the tenant shall be excluded. The gross per-month rental rate and any owner-offered discounts, incentives, concessions, or credits shall be separately listed and identified in the lease or rental agreement or any amendments to an existing lease or rental agreement.
91 Ch. 597 — 8 —
Packet Pg. 35
(2) If the same tenant remains in occupancy of a unit of residential real property over any 12-month period, the gross rental rate for the unit of residential real property shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increase.
(b) For a new tenancy in which no tenant from the prior tenancy remains in lawful possession of the residential real property, the owner may establish the initial rental rate not subject to subdivision (a). Subdivision (a) is only applicable to subsequent increases after that initial rental rate has been established.
(c) A tenant of residential real property subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (a). Nothing in this subdivision authorizes a tenant to sublet or assign the tenant’s interest where otherwise prohibited.
(d) This section shall not apply to the following residential real properties:
(1) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(2) Dormitories constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.
(3) Housing subject to rent or price control through a public entity’s valid exercise of its police power consistent with Chapter 2.7 (commencing with Section 1954.50) that restricts annual increases in the rental rate to an amount less than that provided in subdivision (a).
(4) Housing that has been issued a certificate of occupancy within the previous 15 years.
(5) Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
(A) The owner is not any of the following:
(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a corporation.
(B) (i) The tenants have been provided written notice that the residential real property is exempt from this section using the following statement:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 91 — 9 — Ch. 597
Packet Pg. 36
1947.12 (c)(5) and 1946.2 (e)(7) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.” (ii) For a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement. (iii) For a tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement. (iv) Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b) of Section 1946.2.
(6) A duplex in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy.
(e) An owner shall provide notice of any increase in the rental rate, pursuant to subdivision (a), to each tenant in accordance with Section 827. (f) (1) On or before January 1, 2030, the Legislative Analyst’s Office shall report to the Legislature regarding the effectiveness of this section and Section 1947.13. The report shall include, but not be limited to, the impact of the rental rate cap pursuant to subdivision (a) on the housing market within the state.
(2) The report required by paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(g) For the purposes of this section, the following definitions shall apply:
(1) “Owner” and “residential real property” shall have the same meaning as those terms are defined in Section 1954.51.
(2) “Percentage change in the cost of living” means the percentage change from April 1 of the prior year to April 1 of the current year in the regional Consumer Price Index for the region where the residential real property is located, as published by the United States Bureau of Labor Statistics. If a regional index is not available, the California Consumer Price Index for All Urban Consumers for all items, as determined by the Department of Industrial Relations, shall apply.
(3) “Tenancy” means the lawful occupation of residential real property and includes a lease or sublease.
(h) (1) This section shall apply to all rent increases subject to subdivision (a) occurring on or after March 15, 2019. This section shall become operative January 1, 2020.
(2) In the event that an owner has increased the rent by more than the amount permissible under subdivision (a) between March 15, 2019, and January 1, 2020, both of the following shall apply:
(A) The applicable rent on January 1, 2020, shall be the rent as of March 15, 2019, plus the maximum permissible increase under subdivision (a). (B) An owner shall not be liable to the tenant for any corresponding rent overpayment.
91 Ch. 597 — 10 —
Packet Pg. 37
(3) An owner of residential real property subject to subdivision (a) who increased the rental rate on that residential real property on or after March 15, 2019, but prior to January 1, 2020, by an amount less than the rental rate increase permitted by subdivision (a) shall be allowed to increase the rental rate twice, as provided in paragraph (2) of subdivision (a), within 12 months of March 15, 2019, but in no event shall that rental rate increase exceed the maximum rental rate increase permitted by subdivision (a). (i) Any waiver of the rights under this section shall be void as contrary to public policy.
(j) This section shall remain in effect until January 1, 2030, and as of that date is repealed.
(k) (1) The Legislature finds and declares that the unique circumstances of the current housing crisis require a statewide response to address rent gouging by establishing statewide limitations on gross rental rate increases. (2) It is the intent of the Legislature that this section should apply only for the limited time needed to address the current statewide housing crisis, as described in paragraph (1). This section is not intended to expand or limit the authority of local governments to establish local policies regulating rents consistent with Chapter 2.7 (commencing with Section 1954.50), nor is it a statement regarding the appropriate, allowable rental rate increase when a local government adopts a policy regulating rent that is otherwise consistent with Chapter 2.7 (commencing with Section 1954.50).
(3) Nothing in this section authorizes a local government to establish limitations on any rental rate increases not otherwise permissible under Chapter 2.7 (commencing with Section 1954.50), or affects the existing authority of a local government to adopt or maintain rent controls or price controls consistent with that chapter.
SEC. 4. Section 1947.13 is added to the Civil Code, to read:
1947.13. (a) Notwithstanding Section 1947.12, upon the expiration of rental restrictions, the following shall apply:
(1) The owner of an assisted housing development who demonstrates, under penalty of perjury, compliance with all applicable provisions of Sections 65863.10, 65863.11, and 65863.13 of the Government Code and any other applicable law or regulation intended to promote the preservation of assisted housing, may establish the initial unassisted rental rate for units in the applicable housing development. Any subsequent rent increase in the development shall be subject to Section 1947.12.
(2) The owner of a deed-restricted affordable housing unit or an affordable housing unit subject to a regulatory restriction contained in an agreement with a government agency limiting rental rates that is not within an assisted housing development may establish the initial rental rate for the unit upon the expiration of the restriction. Any subsequent rent increase for the unit shall be subject to Section 1947.12.
(b) For purposes of this section:
(1) “Assisted housing development” has the same meaning as defined in paragraph (3) of subdivision (a) of Section 65863.10 of the Government Code.
91 — 11 — Ch. 597
Packet Pg. 38
(2) “Expiration of rental restrictions” has the same meaning as defined in paragraph (5) of subdivision (a) of Section 65863.10 of the Government Code.
(c) This section shall remain in effect until January 1, 2030, and as of that date is repealed.
(d) Any waiver of the rights under this section shall be void as contrary to public policy.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
O
91 Ch. 597 — 12 —
Packet Pg. 39
Packet Pg. 40
Packet Pg. 41
Packet Pg. 42
Packet Pg. 43
Packet Pg. 44
Packet Pg. 45
Packet Pg. 46
Packet Pg. 47
Packet Pg. 48
Packet Pg. 49
Packet Pg. 50
Packet Pg. 51
Packet Pg. 52
Packet Pg. 53
Packet Pg. 54
Packet Pg. 55
Packet Pg. 56
Packet Pg. 57
Packet Pg. 58
Packet Pg. 59
Packet Pg. 60
Title: Discussion on CA Tenant
Protection
Presented by: Cassandra
Searcy, Deputy Director of
Housing & Homelessness
Packet Pg. 61
California AB 1482
AB 1482 took effect on January 1, 2020, and
it imposes rent caps on some residential
rental properties in California. It also imposes
“just cause” eviction requirements that apply
after residents have occupied the unit for a
certain period.
Two Main Parts
1. Rent Control 2. Just Cause Evictions Packet Pg. 62
Rent
Control
Key
Factors A landlord must
decrease the
rent to the
allowable
amount as of
January 1, 2020
Rent cannot be
increased more
than 5% + local
CPI or 10%
(whichever is
lower)
Rent can only be
increased two
times within any
given twelvemonth period
A Master tenant
cannot sublease
at a higher rate
than allowed by
law
Packet Pg. 63
Just Cause Evictions Key Factors
AB 1482 does not stop
“for cause” evictions,
where the tenant is
accused to doing
something wrong. It limits
the reasons why a
landlord can evict.
Packet Pg. 64
Who is Covered Under AB 1482 Protection
Tenants who have lived in a unit for twelve months or longer -
Clause: If a new housemate moves in within the first twelve months of tenancy AB 1482 will not apply until at least one person resides in the unit for twenty-four months.
Packet Pg. 65
All
California
Rental
Properties
Are Covered
In AB 1482
Except
Properties Exceptions
Homes that Are Not Owned by a Corporation, Real Estate Investment Trust or LLC
Rental Property Built in the Last 15 Years Including Accessory Dwelling Units
Owner Occupied Rental Properties
Mobile Homes
Single-Family Owner-Occupied Residences
Dormitories Owned or Occupied by an Institution of Higher Learning Housing Provided by, Religious Facilities, Extended Care or Residential Facilities & Non-Profit Hospitals
Transient or Tourist Hotel Occupancy
Units Where the Owner Failed to Include Just Cause Notice in New Rental Agreements or Renewals
Housing Restricted by Low or Moderate-Income Affordability Covenants Packet Pg. 66
Actions
Renters Can
Take if
Landlord
Refuses To
Comply
Obtain a template letter, edit and inform
landlord about the Rent Rollback
• Template can be found at
http://bit.ly/AB1482RentRollback
If covered renter is being wrongfully
evicted seek legal help immediately
• Inland Fair Housing and Mediation Board (IFHMB)
330 N D Street Ste. 357 San Bernardino, CA 92401
909-984-2254
• Tenants Together Hotline
888-495-8020
Packet Pg. 67
The City could
choose to expand
upon AB 1482 by
adopting
additional
measures that
protect tenants.
Other Options
1. Require landlords to pay two or three months’
rent for “No Fault” evictions or allow the
landlord to withhold collecting rent for two or
three months so that tenants are financially
prepared to relocate.
2. Place fee limitations on rental application fees.
3. Allow tenants to take care of repairs themselves
and charge the landlord accordingly
4. Require landlords to allow a tenant reasonable
time (i.e., two weeks) to fix the violation before
evicting.
Packet Pg. 68
QUESTIONS & COMMENTS
Cassandra Searcy
Deputy Director of Housing &
Homelessness
City of San Bernardino
[email protected]
Packet Pg. 69
DISCUSSION
City of San Bernardino
Request for Council Action
Date: November 16, 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: Resolution to Declare 42 City-owned Properties as Surplus Land (Wards 1, 2, 3, 4, 6, 7)
Recommendation:
Adopt Resolution No. 2022-234 of The Mayor and City Council of the City of San Bernardino, California, declaring City-owned properties, identified by the following assessor parcel numbers: 0134-071-19, 0134-071-24, 0134-071-58, 0134-071-26, 0134- 221-43, 0134-101-09, 0134-101-10, 0134-014-24, 0134-014-25, 0134-014-26, 0134-014- 27, 0134-021-26, 0134-021-27, 0134-021-28, 0134-021-29, 0146-072-02, 0281-341-10, 0281-341-04, 0154-125-07, 0154-126-02, 0154-126-01, 0154-126-30, 0143-191-74, 0143-191-75, 0142-522-08, 0142-522-09, 0142-522-11, 0142-522-12, 0142-522-35, 0142-522-36, 0142-522-37, 0142-522-38, 0142-522-25, 0142-522-42, 0142-522-41, 0142-522-13, 0142-522-14, 0142-522-15, 0142-522-16, 0142-522-17, 0143-012-44, 0155-451-10, as surplus land; authorizing the issuance of the notice of availability forms and directing the City Manager to comply with the Surplus Land Act, Government Code section 54220 et seq., and finding the action exempt from CEQA for the disposition of City-owned properties.
Background
The City owns 42 vacant properties, totaling approximately 25.83 acres, located throughout the City boundaries, as described and depicted in Exhibits “A” and “B”, attached hereto (“Properties”). City staff has evaluated the Properties for their potential to be used for City work or operations. City staff has determined that these Properties are not necessary for the City’s use and that none of the statutory exemptions to the Surplus Land Act (Government Code § 54220 et seq.) are applicable. Therefore, in order to eventually dispose of the Properties, it is necessary to comply with the Surplus Land Act.
Staff recommends that these Properties be declared “surplus land” under the Surplus Land Act so that they may eventually be disposed of, as they are no longer needed for City purposes, and would best serve the City and community if they were developed.
Packet Pg. 70
Additionally, any sale proceeds may provide additional funding to enhance City services.
Future developments would also eliminate blight in the respective areas and would further support economic growth and expansion of development in the areas surrounding each of the Properties.
Discussion
The Surplus Land Act requires all local agencies to prioritize negotiations with qualifying affordable housing sponsors and public entities when disposing of surplus land. New legislation (AB 1486), which took effect on January 1, 2020, significantly amended the Surplus Land Act to require that before a local agency takes any action to dispose of land no longer necessary for the “agency’s use,” the land must be declared either “surplus land” or “exempt surplus land,” as supported by written findings. “Surplus land” means the land owned by a local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. The City must take formal action declaring the subject City-owned property is surplus property. Adoption of the attached Resolution would declare the Properties as surplus land.
Upon the City’s determination that the Properties are surplus land, the procedures set forth in Government Code Section 54220, et seq., must be followed prior to disposal.
Those procedures include the transmittal, by the City, of Notices of Availability offering the surplus land to enumerated public entities and housing sponsors and affording them a response period of 60 days. Qualifying public entities and housing sponsors deserving Notices of Availability include the following:
1. For the purpose of developing low-income and moderate-income housing, a written notice of availability of the surplus land shall be sent to any “local public entity” as defined by Health and Safety Code Section 50079, within whose jurisdiction the surplus land is located, and to CalHFA certified “Housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in surplus land.
2. For open space purposes, a written notice of availability of the surplus land shall be sent to the City of San Bernardino Parks and Recreation Department, the San Bernardino County Regional Parks Department, the State Resources Agency, or any agency that may succeed to its powers, and any other qualifying public entities with jurisdiction over the parcels.
3. For the purpose of use by a school district for school facilities construction or openspace purposes, a written notice of availability of the surplus land shall be sent to San Bernardino Unified School District.
4. For the purpose of developing property located within an infill opportunity zone designated pursuant to Government Code Section 65088.4 or within an area covered Packet Pg. 71
by a transit village plan adopted pursuant to the Transit Village Development Planning Act of 1994 (Article 8.5 (commencing with Section 65460) of Chapter 3 of Division 1 of Title 7 of the Government Code), a written notice of availability shall be sent to any county, city, successor agency to a former redevelopment agency, public transportation agency, or housing authority within whose jurisdiction the surplus land is located.
If the City receives subsequent timely notice indicating interest in any or all of the surplus parcels, the City is required to enter into good faith negotiations over the price and terms of the disposition with the responding entity for a period of 90 days. If the price and terms cannot be agreed upon after 90 days (or if no entity gives notice of interest), the City may dispose of the surplus land without further regard to the Surplus Land Act’s procedures, except that the City must record a restrictive covenant on title to the land stating that any residential development on the surplus land that contains 10 or more units must restrict 15% of the units for affordable housing. Nothing in the surplus land procedures requires the City to sell the surplus land at less than fair market value. Agreements for the sale or lease of any or all properties would be brought to the Mayor and City Council for consideration at a future date.
2021-2025 Strategic Targets and Goals
Declaration of the Properties as surplus land aligns with Key Target 4: Economic Growth and Development. Supporting the possible sale and reuse of land for future developments may result in additional revenue sources for the City and provide services or amenities to support the growing community.
Fiscal Impact
There is no immediate fiscal impact to the General Fund associated with this action.
However, in the future, there could be a positive fiscal impact to the General Fund associated with the sale of any property identified in this report.
Conclusion
Adopt Resolution No. 2022-234 of The Mayor and City Council of the City of San Bernardino, California, declaring City-owned properties, identified by the following assessor parcel numbers: 0134-071-19, 0134-071-24, 0134-071-58, 0134-071-26, 0134- 221-43, 0134-101-09, 0134-101-10, 0134-014-24, 0134-014-25, 0134-014-26, 0134-014- 27, 0134-021-26, 0134-021-27, 0134-021-28, 0134-021-29, 0146-072-02, 0281-341-10, 0281-341-04, 0154-125-07, 0154-126-02, 0154-126-01, 0154-126-30, 0143-191-74, 0143-191-75, 0142-522-08, 0142-522-09, 0142-522-11, 0142-522-12, 0142-522-35, 0142-522-36, 0142-522-37, 0142-522-38, 0142-522-25, 0142-522-42, 0142-522-41, 0142-522-13, 0142-522-14, 0142-522-15, 0142-522-16, 0142-522-17, 0143-012-44, 0155-451-10, as surplus land; authorizing the issuance of the notice of availability forms and directing the City Manager to comply with the Surplus Land Act, Government Code section 54220 et seq., and finding the action exempt from CEQA for the disposition of city owned properties.
Packet Pg. 72
Attachments
Attachment 1 Resolution No. 2022-234, Resolution Declaring Surplus Land Attachment 2 Exhibit A – Legal Descriptions of Properties Attachment 3 Exhibit B – Vicinity Maps and Zoning Descriptions Attachment 4 Exhibit C - Form of NOA (Cover Letter and Property Description) Attachment 5 PowerPoint Presentation
Ward:
First Ward; Second Ward; Third Ward; Fourth Ward; Sixth Ward; Seventh Ward Synopsis of Previous Council Actions:
None
Packet Pg. 73
Resolution No. 2022-___
RESOLUTION NO. 2022-____
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING CITY-OWNED PROPERTIES, IDENTIFIED
BY THE FOLLOWING ASSESSOR PARCEL NUMBERS:
0134-071-19, 0134-071-24, 0134-071-58, 0134-071-26, 0134-221- 43, 0134-101-09, 0134-101-10, 0134-014-24, 0134-014-25, 0134- 014-26, 0134-014-27, 0134-021-26, 0134-021-27, 0134-021-28, 0134-021-29, 0146-072-02, 0281-341-10, 0281-341-04, 0154-125- 07, 0154-126-02, 0154-126-01, 0154-126-30, 0143-191-74, 0143- 191-75, 0142-522-08, 0142-522-09, 0142-522-11, 0142-522-12, 0142-522-35, 0142-522-36, 0142-522-37, 0142-522-38, 0142-522- 25, 0142-522-42, 0142-522-41, 0142-522-13, 0142-522-14, 0142- 522-15, 0142-522-16, 0142-522-17, 0143-012-44, 0155-451-10, AS NON-EXEMPT SURPLUS LAND; AUTHORIZING THE
ISSUANCE OF THE NOTICE OF AVAILABILITY FORMS
AND DIRECTING THE CITY MANAGER TO COMPLY
WITH THE REQUIREMENTS OF THE SURPLUS LAND
ACT, GOVERNMENT CODE SECTION 54220 ET SEQ., AND
FINDING THE ACTION EXEMPT FROM CEQA FOR THE
DISPOSITION OF CITY OWNED PROPERTIES
WHEREAS, the City of San Bernardino (“City”) is the owner in fee simple of the 42 properties described in Exhibit “A”, attached hereto and made part hereof, and further described and depicted in Exhibit “B”, attached hereto and made part hereof, and commonly known as Assessor Parcel Numbers 0134-071-19, 0134-071-24, 0134-071-58, 0134-071-26, 0134-221-43, 0134-101-09, 0134-101-10, 0134-014-24, 0134-014-25, 0134-014-26, 0134-014-27, 0134-021- 26, 0134-021-27, 0134-021-28, 0134-021-29, 0146-072-02, 0281-341-10, 0281-341-04, 0154- 125-07, 0154-126-02, 0154-126-01, 0154-126-30, 0143-191-74, 0143-191-75, 0142-522-08, 0142-522-09, 0142-522-11, 0142-522-12, 0142-522-35, 0142-522-36, 0142-522-37, 0142-522- 38, 0142-522-25, 0142-522-42, 0142-522-41, 0142-522-13, 0142-522-14, 0142-522-15, 0142- 522-16, 0142-522-17, 0143-012-44, 0155-451-10 (“Properties”); and WHEREAS, under the Surplus Land Act, Government Code Sections 54220 et seq. (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land as surplus and not necessary for the City’s use. In accordance with the Act the land must be declared either surplus land or exempt surplus land before disposal; and
WHEREAS, the Properties comprise 42 individual parcels totaling approximately 25.83 acres in size, are currently vacant, and are located throughout the City’s boundaries; and WHEREAS, City has evaluated the Properties for their potential to be used for City work or operations; and
Packet Pg. 74
Resolution No. 2022-___
WHEREAS, City as determined that the Properties are not necessary for the City’s use and none of the statutory exemptions set forth under Government Code Section 54221(f)(1) are applicable, and therefore the Properties and dispositions thereof are subject to the Act (Government Code Section 54220 et seq.); and
WHEREAS, the Act requires that prior to the disposal of any surplus land, unless an exemption applies, the City must issue a Notice of Availability to, among others, affordable housing developers, and thereafter, if any entity submits a qualified Notice of Interest within sixty (60) days of issuance of the Notice of Availability, the local agency must negotiate in good faith for at least ninety (90) days with any such submitting entities; and WHEREAS, the Property is not exempt from the Act; and
WHEREAS, a sample form of Notice of Availability, provided by the California Department of Housing and Community Development, is attached hereto as Exhibit “C” (“Form of NOA”).
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 as findings of the City Council.
SECTION 2. The City Council finds and declares that the Properties are “surplus land” as used in the Act, because the Properties are owned in fee simple by the City, the Properties are no longer necessary for the City’s use, as defined under the Act, Section 54221(c), and the Properties do not qualify as “exempt surplus land” under the Act, Section 54221(f).
SECTION 3. The City Council hereby authorizes the City Manager or designee to take all necessary actions to fully comply with the requirements of the Act, including to issue the required Notice(s) of Availability to those statutorily entitled to receive it (Section 54222), and to negotiate in good faith with those entities, if any, who submit qualified Notices of Interest (Sections 54222.5 and 54223). The City Manager or designee shall substantially rely on the Form of NOA in issuing the required Notice(s) of Availability for the Properties, and tailor the Form of NOA to the specific Properties for which a Notice of Availability is issued.
SECTION 4. The action authorized by this Resolution does not authorize or approve the actual disposition or sale of the Properties. Thus, this action does not commit the City to any future action, nor does this action approve a particular project, or grant any specific approval that would have a direct or reasonably foreseeable indirect environmental impact pursuant to the California Environmental Quality Act.
SECTION 5. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”).
City has determined that the designation of these properties as non-exempt surplus, authorization to issue Notice(s) of Availability, and authorization for the City Manager to comply with the Act, do not have the potential for creating a significant effect on the environment and are therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), Packet Pg. 75
Resolution No. 2022-___
because such actions do not constitute a “project” as defined by the CEQA Guidelines, Section 15378. In the alternative, even if the actions contemplated here constituted a “project” under CEQA, they involve the sale of surplus government property, which is exempt from environmental review under CEQA pursuant to a Class 12 categorical exemption. Finally, adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Properties are sold to purchasers, and those purchasers propose uses for the Properties that future use and project will be analyzed at the appropriate time in accordance with CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg. 76
Resolution No. 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
Packet Pg. 77
Resolution No. 2022-___
EXHIBIT “A”
Legal Descriptions
APN: 0134-071-19:
That portion of Lot 8, Block 36, City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Commencing at the Northeast corner of said Lot 8; thence West 147 feet; thence South 61 feet; thence East 147 feet to "D" Street, in said City; thence North 61 feet to the point of beginning.
APN: 0134-071-24:
Portion of Lots 7 and 8, Block 36, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Beginning at a point 162 feet West and 5 feet North of the Northeast corner of said Lot 8; thence West 37 feet; thence South 66 feet to the North line of Church Street; thence East 37 feet; thence North 66 feet to the Point of Beginning.
APN: 0134-071-26:
Portion of Lots 7 and 8, Block 36, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Beginning at a point 30 feet East and 5 feet North of the Southwest corner of Lot 7, Block 36; thence South 66 feet; thence East 40 feet; thence North 66 feet; thence West 40 feet to the Point of Beginning.
APN: 0134-071-58
Parcel No. 1
All that portion of Lot 7 in Block 36, City of San Bernardino, in the City of San Bernardino, as per plat recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Beginning at a point 5 feet North of the South line of said Lot 7, and 162 feet West of the East line of said Lot; thence North 40 feet; thence West 135 feet, more or less, to a point in the West line of said Lot 7, distant 45 feet North of the Southwest corner of said Lot; thence South 30 feet; thence East 29 feet; thence South 10 feet; thence East 110 feet, more or less, to the point of beginning.
Parcel No. 2
Portion of Lot 7, Block 36, City of San Bernardino, in the City of San Bernardino, as per plat recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Packet Pg. 78
Resolution No. 2022-___
Beginning at a point 45 feet North of the Southwest corner of said Lot 7; thence North 35 feet; thence East to a point 162 feet West of the East line of said Lot 7; thence South 35 feet; thence West to the point of beginning.
Parcel No. 3
Portion of Lots 7 and 8, Block 36, City of San Bernardino, in the City of San Bernardino, as per plat recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Beginning 70 feet East and 5 feet North of the Northwest corner of said Lot 8; thence East 30 feet; thence South 66 feet; thence West 30 feet; thence North 66 feet to the point of beginning.
APN: 0134-221-43:
Real property in the City of San Bernardino, County of San Bernardino, State of California, describes as follows:
That portion of Lot 8, Block 21, City of San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, Page 1, records of said County, describes as follows:
Beginning at the Northeast corner of said Lot; thence South along the West line of "E" Street, 100.91 feet; thence South 89° 57' 50" West, 149.41 feet, more or less, to the West line of said Lot; thence North 00° 03' 1 O" West 101.19 feet to the Northwest corner of said Lot; thence South 89° 55' 37" East, 149.38 feet to the point of beginning.
Said land is also described as follows:
Parcel No. 20 of Parcel Map No. 688, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 25 of Parcel Maps, Pages 47 through 58, inclusive, records of said County.
APN: 0134-101-09:
All that certain real property situated in the County of San Bernardino, State of California, described as follows:
That portion of Lots 7 and 8, in Block 27, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7, Page 1 of Maps, records of said County, described as follows:
Commencing at a point 148 feet, 6 inches South of the Northeast corner of Lot 8; running thence West 180 feet; thence South 150 feet; thence East 35 feet; thence South 2 feet; thence East 145 feet to the West line of "F" Street; thence North along West line of "F" Street to the point of beginning.
APN: 0134-101-10:
Packet Pg. 79
Resolution No. 2022-___
All that portion of Lots 7 and 8, in Block 27, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7, Page 1 of Maps, records of said County, described as follows:
Commencing 200 feet 6 inches South of the Northeast corner of said Lot 8; thence West 157 feet 9 inches; thence South 86-1 /2 feet, more or less, to the North line of an alley; thence East 157 feet 9 inches to the East line of said Lot 8; thence North 86-1/2 feet, more or less, to the point of beginning.
APN: 0134-014-24:
The East 150 feet of Lot 1, Block 42, City of San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 7, Page 1 of Maps, records of said County.
Excepting therefrom the South 100 feet thereof.
APN: 0134-014-25:
That portion of Lot 1, Block 42, City of San Bernardino, County of San Bernardino, State of California, as shown on the Official Map recorded in Book 7, Page 1 of Maps, of records in the Office of the County Recorder of said County described as follows:
Beginning at the Southeast corner of Lot 1, in Block 42; thence West 150 feet; thence North 50 feet; thence East 150 feet; thence South 50 feet to the point of beginning.
APN: 0134-014-26:
The North 50 feet of the South 100 feet of the East 150 feet of Lot 1, Block 42, City of San Bernardino, in the County of San Bernardino, State of California, as per Map recorded in Book 7,
APN: 0134-014-27:
That portion of Lot 1, Block 42 of the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Beginning 150' West of the Southeast corner of said Lot 1, thence North 150' to the North line of said Lot; thence West 50'; thence South 150' to the South line of said Lot; thence East 50' to the point of beginning.
APN: 0134-021-26:
EAST 50 FEET OF THE SOUTH½ OF LOT 4, IN BLOCK 43, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7, PAGE 1 OF MAPS, RECORDS OF SAID COUNTY.
APN: 0134-021-27:
Packet Pg. 80
Resolution No. 2022-___
THAT PORTION OF LOT 4, IN BLOCK 43, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 1, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4; THENCE EAST 100 FEET, MORE OR LESS, TO A POINT 50 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT;
THENCE NORTH 70 FEET, MORE OR LESS, TO A POINT 230 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4;
THENCE WEST 100 FEET, MORE OR LESS, TO THE WEST LINE OF SAID LOT 4; THENCE SOUTH 70 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
APN: 0134-021-28:
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF LOT 4, BLOCK 43, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT;
THENCE EAST ALONG THE SOUTH LINE OF SAID LOT, 100 FEET, MORE OR LESS, TO A POINT 50 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTH 70 FEET, MORE OR LESS, TO A POINT 230 FEET SOUTH FROM THE NORTH LINE OF SAID LOT FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 80 FEET TO A POINT 150 FEET SOUTH OF THE NORTH LINE OF SAID LOT;
THEN WEST PARALLEL WITH THE SOUTH LINE OF SAID LOT, 100 FEET TO A POINT IN THE WEST LINE OF SAID LOT;
THENCE SOUTH ALONG THE WEST LINE OF SAID LOT, 80 FEET;
THEN EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT, 100 FEET TO THE POINT OF BEGINNING.
APN: 0134-021-29:
All that portion of Lot 4, Block 43, as per Map recorded in Book 7, Page 1 of Maps in the Office of the County Recorder of said County, described as follows:
Beginning at a point 100 feet South of the Northwest corner of said Lot 4; thence South along the West line of said Lot, 50 feet; thence East 150 feet, more or less to the East line of said Lot; thence Packet Pg. 81
Resolution No. 2022-___
North along the East line of said lot, 50 feet; thence West 150 feet more or less, to the point of beginning.
APN: 0146-072-02:
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN BERNARDINO, CITY OF SAN BERNARDINO, AND DESCRIBED AS FOLLOWS:
LOT 21. BLOCK E, HOME GARDENS SUBDIVISION, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 OF MAPS, PAGE 53, RECORDS OF SAID COUNTY.
APN: 0281-341-10:
LOT 31 TRACT NO. 12034, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 168 OF MAPS, PAGES 75 THROUGH 87, INCLUSIVE, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 31, TRACT NO. 12034, AS PER MAP RECORDED IN BOOK 168 OF MAPS, PAGES 75 THROUGH 87, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 31; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT, A DISTANCE OF 290.00 FEET; THENCE SOUTH 89° 58' 58" EAST, 225.00 FEET; THENCE SOUTH 00° 01' 02" WEST, 190.00 FEET; THENCE SOUTH 21° 15' 19" WEST, 143.18 FEET; TO A POINT ON A NON-TANGENT CURVE THROUGH WHICH A RADIAL LINE BEARS NORTH 21° 15' 19" EAST WITH A RADIUS OF 493.00 FEET; SAID POINT BEING ON THE NORTH RIGHT OF WAY OF VANDERBILT WAY;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 36' 16", 177.29 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE SIDEWALKS, SEWERS, STORM DRAINS, WATER
MAINS, CURBS, GUTTERS, PAVING, ELECTROLLERS, STREET LIGHTS, STREET
NAME SIGNS, TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS (COLLECTNEL Y, THE "IMPROVEMENTS") WITHIN ASSESSMENT DISTRICT NO. 961 IN THE CITY OF SAN BERNARDINO, CALIFORNIA,
WHICH ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO. 961, RECORDED FEBRUARY 6, 1985 IN BOOK 31 OF ASSESSMENT DISTRICT MAPS, PAGES 64, 65 AND 66, RECORDS OF SAN
BERNARDINO COUNTY, CALIFORNIA, AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO, RECORDED APRIL 11, 1985, AS INSTRUMENT NO. 85-085510, OFFICIAL RECORDS.
APN: 0281-341-04:
Packet Pg. 82
Resolution No. 2022-___
LOT 32, TRACT NO. 12034, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 168 OF MAPS, PAGES 75 THROUGH 87, INCLUSIVE, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THE SIDEWALKS, SEWERS, STORM DRAINS, WATER
MAINS, CURBS, GUTTERS, PAVING, ELECTROLLERS, STREET LIGHTS, STREET
NAME SIGNS, TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS (COLLECTIVELY, THE "IMPROVEMENTS") WITHIN ASSESSMENT DISTRICT NO. 961 IN THE CITY OF SAN BERNARDINO, CALIFORNIA,
WHICH ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO. 961, RECORDED FEBRUARY 6, 1985 IN BOOK 31 OF ASSESSMENT DISTRICT MAPS, PAGES 64, 65 AND 66, RECORDS OF SAN
BERNARDINO COUNTY, CALIFORNIA, AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO, RECORDED APRIL 11, 1985, AS INSTRUMENT NO. 85-085510, OFFICIAL RECORDS.
APN: 0154-125-07:
Parcel 1:
Lot 7 of Block 20, of Tract 1834, as per maps of record in Book 26, Page(s) 52 of Maps in the Office of the County recorder of said County.
Parcel 2:
An appurtenant easement for ingress and egress and public utilities over and across the West 9.5 feet to the Southern most 55 feet of Lot 8, Block 20, of Tract 1834, as per maps in Book 26, page(s) 52 of maps, in the Office of the County Recorder of said County.
APN: 0154-126-02:
Lot 2, Block 19 of Tract 1834, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 26, Page(s) 52 of Maps in the Office of the County recorder of said County. Together with an easement for ingress and egress and surface water flow across Lots 1 and 2 and for the benefit of Lots 1, 2 and 3, Block 19, Tract 1834, 10 feet in width, running East and West, the South line of which is 23 feet North of and parallel to the South line of said Lots 1 and 2.
APN: 0154-126-01:
Lot 1, Block 19 of Tract 1834, San Bernardino Heights, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 26, Page(s) 52 of Maps in the Office of the County recorder of said County.
Together with an easement for ingress and egress and surface water flow across Lots 1, 2 and 3 and for the benefit of Lots 1, 2 and 3, Block 19, Tract 1834, 10 feet in width running East and West, the South line of which is 23 feet North of and parallel to the South line of said Lots 1, 2 and 3.
Packet Pg. 83
Resolution No. 2022-___
APN: 0154-126-30:
Parcel 1:
Lots 10 and 11, Block 19 of Tract No. 1834, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 26 Page 52 of Maps, in the office of the County recorder of said County.
Parcel 2:
A non-exclusive easement for ingress and egress of that portion of Lot 12, Block 19, Tract 1834, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 26 Page 52 of Maps, in the office of the County recorder of said County described as follows:
Commencing at the Northeast corner of said Lot;
Thence West along the North line of said Lot 30 feet;
Thence Southeasterly to a point on the East line of said Lot, distant South 20 feet from the Northeast corner thereof;
Thence North 20 feet to the point of beginning.
APN: 0143-191-74:
Parcel 2 of Parcel Map No. 19200, in the City of San Bernardino, County of San Bernardino, State of California, as per Plat recorded in Book 237, Pages 45 through 46 inclusive of Parcel Maps in the Office of the County recorder of said County.
APN: 0143-191-75:
Parcel 2 of Parcel Map No. 19200, in the City of San Bernardino, County of San Bernardino, State of California, as per Plat recorded in Book 237, Pages 45 through 46 inclusive of Parcel Maps in the Office of the County recorder of said County
APN: 0142-522-08:
Parcel 1:
Lot 10 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90 Page(s) 44 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the south 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Parcel 2:
Packet Pg. 84
Resolution No. 2022-___
An easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County. Except therefrom any portion lying within Parcel 1 above.
Parcel 3:
An easement for ingress, egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, State of California, a certified copy thereof recorded April 3, 1987 as Instrument No. 87-110057 of Official records of said County lying within Lot 1 of Tract 7050.
APN: 0142-522-09:
Lot 9 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as shown by map on file in Book 90, Page 44 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the South 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino. A Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057 of Official Records, which would pass by normal operation of law.
APN: 0142-522-11:
Parcel 1:
Lot(s) 7 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90 Page(s) 44 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the south 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Parcel 2:
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County, except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-12:
Parcel 1:
Packet Pg. 85
Resolution No. 2022-___
Lot 6 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90 Page(s) 44 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the south 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Parcel 2:
An easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County. Except therefrom any portion lying within Parcel 1 above.
Reserving therefrom, for the benefit of the Grantor an easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, State of California, a certified copy thereof recorded April 3, 1987 as Instrument No. 87-110057 of Official records of said County.
APN: 0142-522-13:
Parcel 1:
Lot 5 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90, Page 44 of Maps, in the Office of the County Recorder of said County, together with that portion of the North 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Parcel 2:
An easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified Copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County, except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-14:
Parcel 1:
Lot(s) 4 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90, Page(s) 44 of Maps, in the Office of the County Recorder of said County, together with that portion of the North 1/2 of 5th Street adjoining said Packet Pg. 86
Resolution No. 2022-___
land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Parcel 2:
An easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified Copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County. Except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-15:
Parcel 1:
Lot(s) 3 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90 Page(s) 44 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the south 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Parcel 2:
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County.
Except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-16:
Parcel 1:
Lot(s) 2 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90 Page(s) 44 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the north 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Parcel 2:
Packet Pg. 87
Resolution No. 2022-___
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County.
Except therefrom any portion lying within Parcel 1 above APN: 0142-522-17:
Parcel 1:
Lot 1 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90 Page(s) 44 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the North 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Parcel 2:
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County.
Except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-35:
Parcel 1 of Parcel Map No. 3525, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 32, Page 19 of Parcel Maps, in the office of the County Recorder of said County.
Together with that portion of the South 1/2 of 5th Street adjoining said land on the North, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Excepting therefrom all oil, gas, minerals and other hydrocarbons below a depth of 500 feet, without the right of surface entry, as reserved in the deed from Glendale Federal Savings and Loan Association, as United States Corporation, recorded December 10, 1981 as Instrument No. 81- 269245, Official Records.
Parcel 2:
Packet Pg. 88
Resolution No. 2022-___
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County.
Except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-36:
Parcel 1:
Parcel 2 of Parcel Map No. 3525, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 32 Page(s) 19 of Parcel Maps, in the Office of the County Recorder of said County.
Together with that portion of the south 1/2 of 5th Street adjoining said land on the North as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Except therefrom all oil, gas, minerals, and other hydrocarbon substances lying below the surface of said land, but with no right of surface entry, as provided in Deeds of Record.
Parcel 2:
An easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County. Except therefrom any portion lying within Parcel 1 above reserving therefrom, for the benefit of the Grantor an easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, State of California, a certified copy thereof recorded April 3, 1987 as Instrument No. 87-110057 of Official records of said County.
APN: 0142-522-37:
Parcel 3, inclusive of Parcel Map No. 3525, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 32 of Parcel Maps, Page(s) 19, records of said County, together with the South 1/2 of 5th Street adjoining said land on the North, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records.
APN: 0142-522-38:
Parcel 1:
Packet Pg. 89
Resolution No. 2022-___
Parcel 4 of Parcel Map 3525, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 32 Page(s) 19 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the South 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Parcel 2:
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87-110057 of Official Records of said County.
Except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-25:
Parcel 1:
That portion of the East 5 acres of the Southwest 1/4 of Government Lot 7 of Section 6, township 1 South, Range 4 West, San Bernardino Base and Meridian, in the City of San Bernardino, County of San Bernardino, State of California, according to the Official Map of said land, described as follows:
Beginning at a point on the North line of said Southwest 1/4 of Government Lot 7, said point being distant north 89° 49' 15" East 100.00 feet from the Northeast corner of Lot 5 of Tract No. 7050, as per map recorded in Book 90, Page 44 of Maps, records of said County; Thence North 89° 49’ 15” East 50.00 feet;
Thence South 0° 04' 38" East 148.00 feet;
Thence South 89° 49’ 15” West 50.00 feet;
Thence North 0° 03' 38" West 148.00 feet to the point of beginning Together with that portion of the North 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Parcel 2:
Packet Pg. 90
Resolution No. 2022-___
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County.
Except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-41:
Parcel 1:
That portion of the East 5 acres of the Southwest 1/4 of Government Lot 7 of Section 6, Township 1 South, Range 4 West, San Bernardino, Base and Meridian, in the City of San Bernardino, County of San Bernardino, State of California, according to the Official Map of said land, described as follows:
Beginning at the Northeast corner of Lot 5 of Tract No. 7050, as per Map recorded in Book 90 of Maps, Page 44, of Records of said County; thence South 0° 03' 38" East; along the East line of Said Lot 5, 148.00 feet to the Southeast corner thereof; thence North 89° 49' 5" East, 50.00 feet; thence North 0° 03' 38" West, 148.00 Feet; thence South 89° 49' 15" West, 50.00 feet to the point of beginning.
Together with the North 1/2 of 5th Street adjoining said land on the South, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
APN: 0142-522-42:
That portion of the East 5 acres of the Southwest 1/4 of Government Lot 7 of Section 6, Township 1 South, Range 4 West, San Bernardino Base and Meridian, in the City of San Bernardino, County of San Bernardino, State of California, according to the Official Map of said Land described as follows:
Beginning at a point on the North line of said Southwest 1/4 of Government Lot 7, said point being distant North 89 degrees 49' 15" east 50.00 feet from the Northeast corner of Lot 5, Tract No. 7050, as per Map recorded in Book 90, of Maps, Page 44, Records of said County; thence North 89 degrees 49' 15" East, 50.00 feet; thence South O degrees 03' 38" East, 148.00 feet; thence South 89 degrees 49' 15" West, 50.00 feet; thence North O degrees 03' 38" West, 148.00 feet to the point of beginning.
Together with the North 1/2 of 5th Street adjoining said land on the South, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, that would pass by operation of law.
APN: 0143-012-44:
Tract No: 2852 ; Abbreviated Description: DIST:12 CITY:SAN BERNARDINO TR#:2852 TRACT NO 2852 S 150 FT W 250 FT LOT 1 .86 AC M/L ; City/Muni/Twp: SAN
BERNARDINO
APN: 0155-451-10:
Packet Pg. 91
Resolution No. 2022-___
LOTS 2 AND 4 OF TRACT NO. 5038, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 85 OF MAPS, PAGE 16, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Packet Pg. 92
Resolution No. 2022-___
EXHIBIT “B”
Packet Pg. 93
Resolution No. 2022-___
Packet Pg. 94
Resolution No. 2022-___
Packet Pg. 95
Resolution No. 2022-___
Packet Pg. 96
Resolution No. 2022-___
Packet Pg. 97
Resolution No. 2022-___
Packet Pg. 98
Resolution No. 2022-___
Packet Pg. 99
Resolution No. 2022-___
Packet Pg. 100
Resolution No. 2022-___
Packet Pg. 101
Resolution No. 2022-___
Packet Pg. 102
Resolution No. 2022-___
Packet Pg. 103
Resolution No. 2022-___
Packet Pg. 104
Resolution No. 2022-___
Packet Pg. 105
Resolution No. 2022-___
Packet Pg. 106
Resolution No. 2022-___
Packet Pg. 107
Resolution No. 2022-___
Packet Pg. 108
Resolution No. 2022-___
Packet Pg. 109
Resolution No. 2022-___
Packet Pg. 110
Resolution No. 2022-___
Packet Pg. 111
Resolution No. 2022-___
Packet Pg. 112
Resolution No. 2022-___
Packet Pg. 113
Resolution No. 2022-___
Packet Pg. 114
Resolution No. 2022-___
Packet Pg. 115
Resolution No. 2022-___
Packet Pg. 116
Resolution No. 2022-___
Packet Pg. 117
Resolution No. 2022-___
Packet Pg. 118
Resolution No. 2022-___
Packet Pg. 119
Resolution No. 2022-___
Packet Pg. 120
Resolution No. 2022-___
Packet Pg. 121
Resolution No. 2022-___
Packet Pg. 122
Resolution No. 2022-___
Packet Pg. 123
Resolution No. 2022-___
Packet Pg. 124
Resolution No. 2022-___
Packet Pg. 125
Resolution No. 2022-___
Packet Pg. 126
Resolution No. 2022-___
Packet Pg. 127
Resolution No. 2022-___
Packet Pg. 128
Resolution No. 2022-___
Packet Pg. 129
Resolution No. 2022-___
Packet Pg. 130
Resolution No. 2022-___
Packet Pg. 131
Resolution No. 2022-___
Packet Pg. 132
Resolution No. 2022-___
Packet Pg. 133
Resolution No. 2022-___
Packet Pg. 134
Resolution No. 2022-___
EXHIBIT “C”
City of San Bernardino
Notice of Availability of Surplus Land
Date:
To: Interested Parties
Re: Notice of Availability/Offer to Sell Surplus Property As required by Government Code Section 54220 of the State of California, the City of San Bernardino is providing written notification that the City of San Bernardino intends to sell or lease the surplus land listed in the accompanying exhibit. (Exhibit A) In accordance with Government Code Section 54222, you will have sixty (60) days from the date this notification was sent, via certified mail or electronic mail, to notify the City of San Bernardino of your interest in acquiring the property. This notification shall not obligate the City of San Bernardino to sell the property to you in any way. As required by Government Code Section 54223, the City of San Bernardino will enter a ninety (90) day period of good faith negotiations. If no agreement has been reached during this time regarding purchase or lease terms, the City of San Bernardino will then market the property for sale to the Public.
As required by Government Code Section 54227, if the City of San Bernardino receives more than one letter of interest during this sixty (60) day period, priority will be given to entities proposing housing developments where at least twenty five percent (25%) of the units will be affordable to lower income households. If more than one proposal is received meeting these requirements, priority will be given to the proposal offering the greatest number of affordable units to lower income households. If more than one proposal specifies the same number of affordable units available to lower income households, priority will be given to the proposal that has the lowest average affordability level.
In the event your organization is interested in purchasing this property, you must notify the City of San Bernardino in writing within sixty (60) days of receiving this notice via certified or electronic mail. Notice of your interest in acquiring the property shall be directed to the Community and Economic Development Department, Real Property Division located at 290 North D Street, San Bernardino, CA, 92401. You may also direct your response and questions electronically to [email protected] or by calling this number: 909-384-5366.
Packet Pg. 135
Resolution No. 2022-___
Packet Pg. 136
Exhibit A
Legal Descriptions
APN: 0134-071-19:
That portion of Lot 8, Block 36, City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Commencing at the Northeast corner of said Lot 8; thence West 147 feet; thence South 61 feet; thence East 147 feet to "D" Street, in said City; thence North 61 feet to the point of beginning.
APN: 0134-071-24:
Portion of Lots 7 and 8, Block 36, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Beginning at a point 162 feet West and 5 feet North of the Northeast corner of said Lot 8; thence West 37 feet; thence South 66 feet to the North line of Church Street; thence East 37 feet; thence North 66 feet to the Point of Beginning.
APN: 0134-071-26:
Portion of Lots 7 and 8, Block 36, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Beginning at a point 30 feet East and 5 feet North of the Southwest corner of Lot 7, Block 36; thence South 66 feet; thence East 40 feet; thence North 66 feet; thence West 40 feet to the Point of Beginning.
APN: 0134-071-58
Parcel No. 1
All that portion of Lot 7 in Block 36, City of San Bernardino, in the City of San Bernardino, as per plat recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Beginning at a point 5 feet North of the South line of said Lot 7, and 162 feet West of the East line of said Lot; thence North 40 feet; thence West 135 feet, more or less, to a point in the West line of said Lot 7, distant 45 feet North of the Southwest corner of said Lot; thence South 30 feet; thence East 29 feet; thence South 10 feet; thence East 110 feet, more or less, to the point of beginning.
Parcel No. 2
Portion of Lot 7, Block 36, City of San Bernardino, in the City of San Bernardino, as per plat recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Beginning at a point 45 feet North of the Southwest corner of said Lot 7; thence North 35 feet; thence East to a point 162 feet West of the East line of said Lot 7; thence South 35 feet; thence West to the point of beginning.
Parcel No. 3
Portion of Lots 7 and 8, Block 36, City of San Bernardino, in the City of San Bernardino, as per plat recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Beginning 70 feet East and 5 feet North of the Northwest corner of said Lot 8; thence East 30 feet; thence South 66 feet; thence West 30 feet; thence North 66 feet to the point of beginning.
Packet Pg. 137
APN: 0134-221-43:
Real property in the City of San Bernardino, County of San Bernardino, State of California, describes as follows:
That portion of Lot 8, Block 21, City of San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, Page 1, records of said County, describes as follows:
Beginning at the Northeast corner of said Lot; thence South along the West line of "E" Street, 100.91 feet; thence South 89° 57' 50" West, 149.41 feet, more or less, to the West line of said Lot; thence North 00° 03' 1 O" West 101.19 feet to the Northwest corner of said Lot; thence South 89° 55' 37" East, 149.38 feet to the point of beginning.
Said land is also described as follows:
Parcel No. 20 of Parcel Map No. 688, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 25 of Parcel Maps, Pages 47 through 58, inclusive, records of said County.
APN: 0134-101-09:
All that certain real property situated in the County of San Bernardino, State of California, described as follows:
That portion of Lots 7 and 8, in Block 27, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7, Page 1 of Maps, records of said County, described as follows:
Commencing at a point 148 feet, 6 inches South of the Northeast corner of Lot 8; running thence West 180 feet; thence South 150 feet; thence East 35 feet; thence South 2 feet; thence East 145 feet to the West line of "F" Street; thence North along West line of "F" Street to the point of beginning.
APN: 0134-101-10:
All that portion of Lots 7 and 8, in Block 27, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7, Page 1 of Maps, records of said County, described as follows:
Commencing 200 feet 6 inches South of the Northeast corner of said Lot 8; thence West 157 feet 9 inches; thence South 86-1 /2 feet, more or less, to the North line of an alley; thence East 157 feet 9 inches to the East line of said Lot 8; thence North 86-1/2 feet, more or less, to the point of beginning.
APN: 0134-014-24:
The East 150 feet of Lot 1, Block 42, City of San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 7, Page 1 of Maps, records of said County.
Excepting therefrom the South 100 feet thereof.
APN: 0134-014-25:
That portion of Lot 1, Block 42, City of San Bernardino, County of San Bernardino, State of California, as shown on the Official Map recorded in Book 7, Page 1 of Maps, of records in the Office of the County Recorder of said County described as follows:
Beginning at the Southeast corner of Lot 1, in Block 42; thence West 150 feet; thence North 50 feet; thence East 150 feet; thence South 50 feet to the point of beginning.
APN: 0134-014-26:
Packet Pg. 138
The North 50 feet of the South 100 feet of the East 150 feet of Lot 1, Block 42, City of San Bernardino, in the County of San Bernardino, State of California, as per Map recorded in Book 7, Page 1 of Maps, records of said County.
APN: 0134-014-27:
That portion of Lot 1, Block 42 of the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, Page 1, records of said County, described as follows:
Beginning 150' West of the Southeast corner of said Lot 1, thence North 150' to the North line of said Lot; thence West 50'; thence South 150' to the South line of said Lot; thence East 50' to the point of beginning.
APN: 0134-021-26:
EAST 50 FEET OF THE SOUTH½ OF LOT 4, IN BLOCK 43, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7, PAGE 1 OF MAPS, RECORDS OF SAID COUNTY.
APN: 0134-021-27:
THAT PORTION OF LOT 4, IN BLOCK 43, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 1,
RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4;
THENCE EAST 100 FEET, MORE OR LESS, TO A POINT 50 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT;
THENCE NORTH 70 FEET, MORE OR LESS, TO A POINT 230 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4;
THENCE WEST 100 FEET, MORE OR LESS, TO THE WEST LINE OF SAID LOT 4; THENCE SOUTH 70 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
APN: 0134-021-28:
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF LOT 4, BLOCK 43, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT;
THENCE EAST ALONG THE SOUTH LINE OF SAID LOT, 100 FEET, MORE OR LESS, TO A POINT 50 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT;
THENCE NORTH 70 FEET, MORE OR LESS, TO A POINT 230 FEET SOUTH FROM THE NORTH LINE OF SAID LOT FOR THE TRUE POINT OF BEGINNING;
THENCE NORTH 80 FEET TO A POINT 150 FEET SOUTH OF THE NORTH LINE OF SAID LOT; THEN WEST PARALLEL WITH THE SOUTH LINE OF SAID LOT, 100 FEET TO A POINT IN THE WEST LINE OF SAID LOT;
THENCE SOUTH ALONG THE WEST LINE OF SAID LOT, 80 FEET;
Packet Pg. 139
THEN EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT, 100 FEET TO THE POINT OF BEGINNING.
APN: 0134-021-29:
All that portion of Lot 4, Block 43, as per Map recorded in Book 7, Page 1 of Maps in the Office of the County Recorder of said County, described as follows:
Beginning at a point 100 feet South of the Northwest corner of said Lot 4; thence South along the West line of said Lot, 50 feet; thence East 150 feet, more or less to the East line of said Lot; thence North along the East line of said lot, 50 feet; thence West 150 feet more or less, to the point of beginning.
APN: 0146-072-02:
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO, CITY OF SAN BERNARDINO, AND DESCRIBED AS FOLLOWS:
LOT 21. BLOCK E, HOME GARDENS SUBDIVISION, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 OF MAPS, PAGE 53, RECORDS OF SAID COUNTY.
APN: 0281-341-10:
LOT 31 TRACT NO. 12034, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 168 OF MAPS, PAGES 75 THROUGH 87, INCLUSIVE, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 31, TRACT NO. 12034, AS PER MAP RECORDED IN BOOK 168 OF MAPS, PAGES 75 THROUGH 87, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 31; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT, A DISTANCE OF 290.00 FEET; THENCE SOUTH 89° 58' 58" EAST, 225.00 FEET; THENCE SOUTH 00° 01' 02" WEST, 190.00 FEET; THENCE SOUTH 21° 15' 19" WEST, 143.18 FEET; TO A POINT ON A NON-TANGENT CURVE THROUGH WHICH A RADIAL LINE BEARS NORTH 21° 15' 19" EAST WITH A RADIUS OF 493.00 FEET; SAID POINT BEING ON THE NORTH RIGHT OF WAY OF VANDERBILT WAY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 36' 16", 177.29 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE SIDEWALKS, SEWERS, STORM DRAINS, WATER MAINS,
CURBS, GUTTERS, PAVING, ELECTROLLERS, STREET LIGHTS, STREET NAME SIGNS, TRAFFIC
SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS (COLLECTNEL Y, THE "IMPROVEMENTS") WITHIN ASSESSMENT DISTRICT NO. 961 IN THE CITY
OF SAN BERNARDINO, CALIFORNIA, WHICH ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO. 961, RECORDED FEBRUARY 6, 1985 IN BOOK 31 OF ASSESSMENT DISTRICT MAPS, PAGES 64, 65 AND 66, RECORDS OF SAN
BERNARDINO COUNTY, CALIFORNIA, AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO, RECORDED APRIL 11, 1985, AS INSTRUMENT NO. 85-085510, OFFICIAL RECORDS.
APN: 0281-341-04:
Packet Pg. 140
LOT 32, TRACT NO. 12034, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 168 OF MAPS, PAGES 75 THROUGH 87, INCLUSIVE, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THE SIDEWALKS, SEWERS, STORM DRAINS, WATER MAINS, CURBS,
GUTTERS, PAVING, ELECTROLLERS, STREET LIGHTS, STREET NAME SIGNS, TRAFFIC SIGNALS
AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS (COLLECTIVELY, THE "IMPROVEMENTS") WITHIN ASSESSMENT DISTRICT NO. 961 IN THE CITY
OF SAN BERNARDINO, CALIFORNIA, WHICH ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO. 961, RECORDED FEBRUARY 6, 1985 IN BOOK 31 OF ASSESSMENT DISTRICT MAPS, PAGES 64, 65 AND 66, RECORDS OF SAN
BERNARDINO COUNTY, CALIFORNIA, AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO, RECORDED APRIL 11, 1985, AS INSTRUMENT NO. 85-085510, OFFICIAL RECORDS.
APN: 0154-125-07:
Parcel 1:
Lot 7 of Block 20, of Tract 1834, as per maps of record in Book 26, Page(s) 52 of Maps in the Office of the County recorder of said County.
Parcel 2:
An appurtenant easement for ingress and egress and public utilities over and across the West 9.5 feet to the Southern most 55 feet of Lot 8, Block 20, of Tract 1834, as per maps in Book 26, page(s) 52 of maps, in the Office of the County Recorder of said County.
APN: 0154-126-02:
Lot 2, Block 19 of Tract 1834, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 26, Page(s) 52 of Maps in the Office of the County recorder of said County. Together with an easement for ingress and egress and surface water flow across Lots 1 and 2 and for the benefit of Lots 1, 2 and 3, Block 19, Tract 1834, 10 feet in width, running East and West, the South line of which is 23 feet North of and parallel to the South line of said Lots 1 and 2.
APN: 0154-126-01:
Lot 1, Block 19 of Tract 1834, San Bernardino Heights, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 26, Page(s) 52 of Maps in the Office of the County recorder of said County.
Together with an easement for ingress and egress and surface water flow across Lots 1, 2 and 3 and for the benefit of Lots 1, 2 and 3, Block 19, Tract 1834, 10 feet in width running East and West, the South line of which is 23 feet North of and parallel to the South line of said Lots 1, 2 and 3.
APN: 0154-126-30:
Parcel 1:
Lots 10 and 11, Block 19 of Tract No. 1834, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 26 Page 52 of Maps, in the office of the County recorder of said County.
Parcel 2:
Packet Pg. 141
A non-exclusive easement for ingress and egress of that portion of Lot 12, Block 19, Tract 1834, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 26 Page 52 of Maps, in the office of the County recorder of said County described as follows:
Commencing at the Northeast corner of said Lot;
Thence West along the North line of said Lot 30 feet;
Thence Southeasterly to a point on the East line of said Lot, distant South 20 feet from the Northeast corner thereof;
Thence North 20 feet to the point of beginning.
APN: 0143-191-74:
Parcel 2 of Parcel Map No. 19200, in the City of San Bernardino, County of San Bernardino, State of California, as per Plat recorded in Book 237, Pages 45 through 46 inclusive of Parcel Maps in the Office of the County recorder of said County.
APN: 0143-191-75:
Parcel 2 of Parcel Map No. 19200, in the City of San Bernardino, County of San Bernardino, State of California, as per Plat recorded in Book 237, Pages 45 through 46 inclusive of Parcel Maps in the Office of the County recorder of said County
APN: 0142-522-08:
Parcel 1:
Lot 10 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90 Page(s) 44 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the south 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87- 110057, Official Records, which would pass by normal operation of law.
Parcel 2:
An easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County. Except therefrom any portion lying within Parcel 1 above.
Parcel 3:
An easement for ingress, egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, State of California, a certified copy thereof recorded April 3, 1987 as Instrument No. 87-110057 of Official records of said County lying within Lot 1 of Tract 7050.
APN: 0142-522-09:
Lot 9 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as shown by map on file in Book 90, Page 44 of Maps, in the Office of the County Recorder of said County.
Packet Pg. 142
Together with that portion of the South 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino. A Certified Copy of which recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records, which would pass by normal operation of law.
APN: 0142-522-11:
Parcel 1:
Lot(s) 7 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90 Page(s) 44 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the south 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87- 110057, Official Records, which would pass by normal operation of law.
Parcel 2:
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County, except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-12:
Parcel 1:
Lot 6 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90 Page(s) 44 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the south 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87- 110057, Official Records, which would pass by normal operation of law.
Parcel 2:
An easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County. Except therefrom any portion lying within Parcel 1 above.
Reserving therefrom, for the benefit of the Grantor an easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, State of California, a certified copy thereof recorded April 3, 1987 as Instrument No. 87-110057 of Official records of said County.
APN: 0142-522-13:
Parcel 1:
Lot 5 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90, Page 44 of Maps, in the Office of the County Recorder of said County, together with that portion of the North 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Packet Pg. 143
Parcel 2:
An easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified Copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County, except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-14:
Parcel 1:
Lot(s) 4 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90, Page(s) 44 of Maps, in the Office of the County Recorder of said County, together with that portion of the North 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Parcel 2:
An easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified Copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County. Except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-15:
Parcel 1:
Lot(s) 3 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90 Page(s) 44 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the south 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87- 110057, Official Records, which would pass by normal operation of law.
Parcel 2:
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County.
Except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-16:
Parcel 1:
Lot(s) 2 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90 Page(s) 44 of Maps, in the Office of the County Recorder of said County.
Packet Pg. 144
Together with that portion of the north 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87- 110057, Official Records, which would pass by normal operation of law.
Parcel 2:
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County.
Except therefrom any portion lying within Parcel 1 above APN: 0142-522-17:
Parcel 1:
Lot 1 of Tract No. 7050, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 90 Page(s) 44 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the North 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87- 110057, Official Records, which would pass by normal operation of law.
Parcel 2:
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County.
Except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-35:
Parcel 1 of Parcel Map No. 3525, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 32, Page 19 of Parcel Maps, in the office of the County Recorder of said County.
Together with that portion of the South 1/2 of 5th Street adjoining said land on the North, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Excepting therefrom all oil, gas, minerals and other hydrocarbons below a depth of 500 feet, without the right of surface entry, as reserved in the deed from Glendale Federal Savings and Loan Association, as United States Corporation, recorded December 10, 1981 as Instrument No. 81-269245, Official Records.
Parcel 2:
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County.
Packet Pg. 145
Except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-36:
Parcel 1:
Parcel 2 of Parcel Map No. 3525, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 32 Page(s) 19 of Parcel Maps, in the Office of the County Recorder of said County.
Together with that portion of the south 1/2 of 5th Street adjoining said land on the North as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Except therefrom all oil, gas, minerals, and other hydrocarbon substances lying below the surface of said land, but with no right of surface entry, as provided in Deeds of Record.
Parcel 2:
An easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County. Except therefrom any portion lying within Parcel 1 above reserving therefrom, for the benefit of the Grantor an easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, State of California, a certified copy thereof recorded April 3, 1987 as Instrument No. 87-110057 of Official records of said County.
APN: 0142-522-37:
Parcel 3, inclusive of Parcel Map No. 3525, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 32 of Parcel Maps, Page(s) 19, records of said County, together with the South 1/2 of 5th Street adjoining said land on the North, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records.
APN: 0142-522-38:
Parcel 1:
Parcel 4 of Parcel Map 3525, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 32 Page(s) 19 of Maps, in the Office of the County Recorder of said County.
Together with that portion of the South 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87- 110057, Official Records, which would pass by normal operation of law.
Parcel 2:
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87-110057 of Official Records of said County.
Except therefrom any portion lying within Parcel 1 above.
Packet Pg. 146
APN: 0142-522-25:
Parcel 1:
That portion of the East 5 acres of the Southwest 1/4 of Government Lot 7 of Section 6, township 1 South, Range 4 West, San Bernardino Base and Meridian, in the City of San Bernardino, County of San Bernardino, State of California, according to the Official Map of said land, described as follows:
Beginning at a point on the North line of said Southwest 1/4 of Government Lot 7, said point being distant north 89° 49' 15" East 100.00 feet from the Northeast corner of Lot 5 of Tract No. 7050, as per map recorded in Book 90, Page 44 of Maps, records of said County;
Thence North 89° 49' 15" East 50.00 feet;
Thence South 0° 04' 38" East 148.00 feet;
Thence South 89° 49' 15" West 50.00 feet;
Thence North 0° 03' 38" West 148.00 feet to the point of beginning Together with that portion of the North 1/2 of 5th Street adjoining said land, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87-110057, Official Records, which would pass by normal operation of law.
Parcel 2:
As easement for ingress and egress and rights incidental thereto over that portion of said land described in that certain Resolution No. 87-56 of the City Council of the City of San Bernardino, County of San Bernardino, State of California, a Certified copy thereof recorded April 3, 1987 as Instrument No. 87- 110057 of Official Records of said County.
Except therefrom any portion lying within Parcel 1 above.
APN: 0142-522-41:
Parcel 1:
That portion of the East 5 acres of the Southwest 1/4 of Government Lot 7 of Section 6, Township 1 South, Range 4 West, San Bernardino, Base and Meridian, in the City of San Bernardino, County of San Bernardino, State of California, according to the Official Map of said land, described as follows:
Beginning at the Northeast corner of Lot 5 of Tract No. 7050, as per Map recorded in Book 90 of Maps, Page 44, of Records of said County; thence South 0° 03' 38" East; along the East line of Said Lot 5, 148.00 feet to the Southeast corner thereof; thence North 89° 49' 5" East, 50.00 feet; thence North 0° 03' 38" West, 148.00 Feet; thence South 89° 49' 15" West, 50.00 feet to the point of beginning.
Together with the North 1/2 of 5th Street adjoining said land on the South, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87- 110057, Official Records, which would pass by normal operation of law.
APN: 0142-522-42:
That portion of the East 5 acres of the Southwest 1/4 of Government Lot 7 of Section 6, Township 1 South, Range 4 West, San Bernardino Base and Meridian, in the City of San Bernardino, County of San Bernardino, State of California, according to the Official Map of said Land described as follows:
Beginning at a point on the North line of said Southwest 1/4 of Government Lot 7, said point being distant North 89 degrees 49' 15" east 50.00 feet from the Northeast corner of Lot 5, Tract No. 7050, as per Map Packet Pg. 147
recorded in Book 90, of Maps, Page 44, Records of said County; thence North 89 degrees 49' 15" East, 50.00 feet; thence South O degrees 03' 38" East, 148.00 feet; thence South 89 degrees 49' 15" West, 50.00 feet; thence North O degrees 03' 38" West, 148.00 feet to the point of beginning.
Together with the North 1/2 of 5th Street adjoining said land on the South, as vacated by Resolution of the City Council of the City of San Bernardino, a Certified Copy of which recorded April 3, 1987 as Instrument No. 87- 110057, Official Records, that would pass by operation of law.
APN: 0143-012-44:
Tract No: 2852 ; Abbreviated Description: DIST:12 CITY:SAN BERNARDINO TR#:2852 TRACT NO 2852 S 150 FT W 250 FT LOT 1 .86 AC M/L ; City/Muni/Twp: SAN BERNARDINO APN: 0155-451-10:
LOTS 2 AND 4 OF TRACT NO. 5038, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 85 OF MAPS, PAGE 16, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Packet Pg. 148
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0134-071-19
Lot Size: 0.20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Church Street and North "D" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
EXHIBIT B
Packet Pg. 149
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0134-071-24
Lot Size: 0.05 Acres / 2,178 Square Foot
Site improvements: None. Vacant land to be sold in an as-is condition.
Cross Streets: Church Street and North "D" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
Ward 1
Packet Pg. 150
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0134-071-26
Lot Size: 0.06 Acres / 2,613 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Church Street and North "D" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
Ward 1
Packet Pg. 151
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0134-071-58
Lot Size: 0.27 Acres / 11,761 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Church Street and North "D" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
Ward 1
Packet Pg. 152
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0134-014-24
Lot Size: 0.17 Acres / 7,405 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
Ward 1
Packet Pg. 153
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0134-014-25
Lot Size: 0.17 Acres / 7,405 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
Ward 1
Packet Pg. 154
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0134-014-26
Lot Size: 0.17 Acres / 7,405 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
Ward 1
Packet Pg. 155
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0134-014-27
Lot Size: 0.17 Acres / 7,405 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
Ward 1
Packet Pg. 156
APN: 0134-021-26
Lot Size: 0.17 Acres / 7,405 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
Ward 1
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
Packet Pg. 157
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0134-021-27
Lot Size: 0.16 Acres / 6,969 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
Ward 1
Packet Pg. 158
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0134-021-28
Lot Size: 0.18 Acres / 7,840 Square Foot
Site improvements: None. Vacant land to be sold in an as-is condition.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
Ward 1
Packet Pg. 159
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0134-021-29
Lot Size: 0.17 Acres / 7,405 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
Ward 1
Packet Pg. 160
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0134-101-09
Lot Size: 0.21 Acres / 9,147 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North "F" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
Ward 1
Packet Pg. 161
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0134-101-10
Lot Size: 0.30 Acres / 13,068 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North "F" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
Ward 1
Packet Pg. 162
FUTURE
DEVELOPMENT
OPPORTUNITY
APN: 0134-221-43
Address: 396 N "E" Street
Lot Size: 0.35 Acres / 15,246 Square Foot
Structure Size: 32,848 Square Foot
Site improvements: Structure - to be sold as-is.
Cross Streets: West 4th Street and North "E" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
Ward 1
Packet Pg. 163
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
Address: 1715 N Arrowhead Avenue
APN: 0146-072-02
Lot Size: 0.15 Acres / 6,534 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: North Arrowhead A venue and West 17th Street Zoning: CO - Commercial Office
Ward 2
Packet Pg. 164
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0281-341-04
Lot Size: 7 .28 Acres / 317,247 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: East Vanderbilt Way and East Carnegie Drive Zoning: CR-3 - Commercial Regional 3 - Tri City/Club
.
Ward 3
Packet Pg. 165
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0281-341-10
Lot Size: 7 .40 Acres / 322,344 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: East Vanderbilt Way and East Carnegie Drive Zoning: CR-3 - Commercial Regional 3 - Tri City/Club
Ward 3
Packet Pg. 166
APN: 0154-125-07
Lot Size: 0.15 Acres / 6,534 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: North Waterman Avenue and North Sierra Way Zoning: RMH - Residential Medium High
Ward 4
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
Packet Pg. 167
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0154-126-01
Lot Size: 0.22 Acres / 9,583 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Leroy Street and East 49th Street
Zoning: RMH - Residential Medium High
Ward 4
Packet Pg. 168
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0154-126-02
Lot Size: 0.22 Acres / 9,583 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Leroy Street and East 49th Street
Zoning: RMH - Residential Medium High
Ward 4
Packet Pg. 169
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0154-126-30
Lot Size: 0.27 Acres / 11,761 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: North Waterman Avenue and East 49th Street Zoning: RMH - Residential Medium High
Ward 4
Packet Pg. 170
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0143-191-74
Lot Size: 0.75 Acres / 32,670 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West Highland Avenue and Medical Center Drive Zoning: CO - Commercial Office
.
Ward 6
Packet Pg. 171
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0143-191-75
Lot Size: 0.27 Acres / 11,761 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West Highland Avenue and Medical Center Drive Zoning: CO - Commercial Office
Ward 6
Packet Pg. 172
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-08
Lot Size: 0.25 Acres / 10,890 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: North Meridian Ave and West 5th Street
Zoning: CGI - Commercial General 1
Ward 6
Packet Pg. 173
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-09
Lot Size: 0.24 Acres / 10,464 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: North Meridian Ave and West 5th Street
Zoning: CG 1 - Commercial General 1
Ward 6
Packet Pg. 174
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-11
Lot Size: 0.24 Acres / 10,454 Square Foot
Site improvements: None. Vacant land to be sold in as-is.
Cross Streets: North Meridian Ave and West 5th Street
Zoning: CG l - Commercial General 1
Ward 6
Packet Pg. 175
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-12
Lot Size: 0.24 Acres / 10,454 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: North Meridian Ave and West 5th Street
Zoning: CG l - Commercial General 1
Ward 6
Packet Pg. 176
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-13
Lot Size: .24 Acres / 10,454 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian A venue Zoning: CG-1 - Commercial General - 1
Ward 6
Packet Pg. 177
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-14
Lot Size: .24 Acres / 10,454 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian A venue Zoning: CG-1 - Commercial General - 1
Ward 6
Packet Pg. 178
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-15
Lot Size: .24 Acres / 10,454 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian A venue Zoning: CG-1 - Commercial General - 1
Ward 6
Packet Pg. 179
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-16
Lot Size: .24 Acres / 10,454 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian A venue Zoning: CG-1 - Commercial General - 1
Ward 6
Packet Pg. 180
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-17
Lot Size: .25 Acres / 10,890Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian A venue Zoning: CG-1 - Commercial General - 1
Ward 6
Packet Pg. 181
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-25
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian A venue Zoning: CG-1 - Commercial General - 1
Ward 6
Packet Pg. 182
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-35
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian A venue Zoning: CG-1 - Commercial General - 1
Ward 6
Packet Pg. 183
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-36
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian A venue Zoning: CG-1 - Commercial General - 1
Ward 6
Packet Pg. 184
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-37
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian A venue Zoning: CG-1 - Commercial General - 1
Ward 6
Packet Pg. 185
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-38
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian A venue Zoning: CG-1 - Commercial General - 1
Ward 6
Packet Pg. 186
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-41
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian A venue Zoning: CG-1 - Commercial General - 1
Ward 6
Packet Pg. 187
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0142-522-42
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian A venue Zoning: CG-1 - Commercial General - 1
Ward 6
Packet Pg. 188
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0143-012-44
Lot Size: 0.86 Acres / 37,461 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Medical Center Drive and West 21st Street Zoning: CO - Commercial Office
Ward 6
Packet Pg. 189
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0155-451-10
Lot Size: 1.41 Acres / 61,419 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Mountain Avenue and East Lynwood Drive
Zoning: CR2 - Commercial Regional 2
Ward 7
Packet Pg. 190
EXHIBIT C
City of San Bernardino
Notice of Availability of Surplus Land
Date:
To: Interested Parties
Re: Notice of Availability/Offer to Sell Surplus Property As required by Government Code Section 54220 of the State of California, the City of San Bernardino is providing written notification that the City of San Bernardino intends to sell or lease the surplus land listed in the accompanying exhibit. (Exhibit A) In accordance with Government Code Section 54222, you will have sixty (60) days from the date this notification was sent, via certified mail or electronic mail, to notify the City of San Bernardino of your interest in acquiring the property. This notification shall not obligate the City of San Bernardino to sell the property to you in any way. As required by Government Code Section 54223, the City of San Bernardino will enter a ninety (90) day period of good faith negotiations. If no agreement has been reached during this time regarding purchase or lease terms, the City of San Bernardino will then market the property for sale to the Public.
As required by Government Code Section 54227, if the City of San Bernardino receives more than one letter of interest during this sixty (60) day period, priority will be given to entities proposing housing developments where at least twenty five percent (25%) of the units will be affordable to lower income households. If more than one proposal is received meeting these requirements, priority will be given to the proposal offering the greatest number of affordable units to lower income households. If more than one proposal specifies the same number of affordable units available to lower income households, priority will be given to the proposal that has the lowest average affordability level.
In the event your organization is interested in purchasing this property, you must notify the City of San Bernardino in writing within sixty (60) days of receiving this notice via certified or electronic mail. Notice of your interest in acquiring the property shall be directed to the Community and Economic Development Department, Real Property Division located at 290 North D Street, San Bernardino, CA, 92401. You may also direct your response and questions electronically to [email protected] or by calling this number: 909-384-5366.
Packet Pg. 191
EXHIBIT C
Packet Pg. 192
Surplus Land Act
Presented by: Nathan Freeman, Agency Director of Community, Housing, and Economic Development
Packet Pg. 193
Surplus Property Process
• Step 1: City Council adopts a resolution declaring land as “Surplus” at regular public meeting.
• Step 2: City sends a “Notice of Availability” to local public agencies and affordable housing developers registered with the State’s Housing and Community Development (HCD).
• Step 3 (a): If a response is received within 60 days, the City must prioritize proposals for affordable housing and negotiate with responding entity(ies) in good faith for at least 90 Days.
• Step 3 (b): If no interest is received, the City must send a 30-day notice to HCD before the City can sell the property at fair market value to general public. § If 10+ housing units are developed on the land, at least 15% of the total housing units must be sold or rented at affordable rates.
Packet Pg. 194
Phase I – Surplus Land Declarations
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
Ward 1
City of San Bernardino – Phase I SLA
Packet Pg. 195
Ward 1 – APN: 0134-071-19
APN: 0134-07-119
Lot Size: 0.20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Church Street and North "D" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
FUTURE DEVELOPMENT
OPPORTUNITY VACANT LAND
Packet Pg. 196
Ward 1 – APN: 0134-071-24
APN: 0134-071-24
Lot Size: 0.05 Acres / 2,178 Square Foot
Site improvements: None. Vacant land to be sold in an as-is condition.
Cross Streets: Church Street and North "D" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 197
Ward 1 – APN: 0134-071-26
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
APN: 0134-071-26
Lot Size: 0.06 Acres / 2,613 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Church Street and North "D" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
Packet Pg. 198
Ward 1 – APN: 0134-071-58
APN: 0134-071-58
Lot Size: 0.27 Acres / 11,761 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Church Street and North "D" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 199
Ward 1 – APN: 0134-014-24
APN: 0134-014-24
Lot Size: 0.17 Acres / 7,405 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 200
Ward 1 – APN: 0134-014-25
APN: 0134-014-25
Lot Size: 0.17 Acres / 7,405 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 201
Ward 1 – APN: 0134-014-26
APN: 0134-014-26
Lot Size: 0.17 Acres / 7,405 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 202
Ward 1 – APN: 0134-014-27
APN: 0134-014-27
Lot Size: 0.17 Acres / 7,405 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
prior to close of escrow.
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 203
Ward 1 – APN: 0134-021-26
APN: 0134-021-26
Lot Size: 0.17 Acres / 7,405 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 204
Ward 1 – APN: 0134-021-27
APN: 0134-021-27
Lot Size: 0.16 Acres / 6,969 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 205
Ward 1 – APN: 0134-021-28
APN: 0134-021-28
Lot Size: 0.18 Acres / 7,840 Square Foot
Site improvements: None. Vacant land to be sold in an as-is condition.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 206
Ward 1 – APN: 0134-021-29
APN: 0134-021-29
Lot Size: 0.17 Acres / 7,405 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 6th Street and North "G" Street
Zoning: CR2 - Commercial Regional 2
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 207
Ward 1 – APN: 0134-101-09
APN: 0134-101-09
Lot Size: 0.21 Acres / 9,147 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North "F" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 208
Ward 1 – APN: 0134-101-10
APN: 0134-101-10
Lot Size: 0.30 Acres / 13,068 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North "F" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 209
Ward 1 – APN: 0134-221-43
APN: 0134-221-43
Address: 396 N "E" Street
Lot Size: 0.35 Acres / 15,246 Square Foot
Structure Size: 32,848 Square Foot
Site improvements: Structure - to be sold as-is.
Cross Streets: West 4th Street and North "E" Street
Zoning: CR2 - Commercial Regional 2 - Downtown
FUTURE DEVELOPMENT
OPPORTUNITY
Packet Pg. 210
Phase I – Surplus Land Declarations
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
Ward 2
City of San Bernardino – Phase I SLA
Packet Pg. 211
Ward 2 – APN: 0146-072-02
Address: 1715 N Arrowhead Avenue
APN: 0146-072-02
Lot Size: 0.15 Acres / 6,534 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: North Arrowhead Avenue and West 17th Street Zoning: CO - Commercial Office
.
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 212
Phase I – Surplus Land Declarations
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
Ward 3
City of San Bernardino – Phase I SLA
Packet Pg. 213
Ward 3 – APN: 0281-341-04
APN: 0281-341-04
Lot Size: 7.28 Acres / 317,247 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: East Vanderbilt Way and East Carnegie Drive Zoning: CR-3 - Commercial Regional 3 - Tri City/Club
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 214
Ward 3 – APN: 0281-341-10
APN: 0281-341-10
Lot Size: 7.40 Acres / 322,344 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: East Vanderbilt Way and East Carnegie Drive Zoning: CR-3 - Commercial Regional 3 - Tri City/Club
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 215
Phase I – Surplus Land Declarations
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
Ward 4
City of San Bernardino – Phase I SLA
Packet Pg. 216
Ward 4 – APN: 0154-125-07
APN: 0154-125-07
Lot Size: 0.15 Acres / 6,534 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: North Waterman Avenue and North Sierra Way Zoning: RMH - Residential Medium High
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 217
Ward 4 – APN: 0154-126-01
FUTURE
DEVELOPMENT
OPPORTUNITY
VACANT LAND
APN: 0154-126-01
Lot Size: 0.22 Acres / 9,583 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Leroy Street and East 49th Street
Zoning: RMH - Residential Medium High
Packet Pg. 218
Ward 4 – APN: 0154-126-02
APN: 0154-126-02
Lot Size: 0.22 Acres / 9,583 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Leroy Street and East 49th Street
Zoning: RMH - Residential Medium High
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 219
Ward 4 – APN: 0154-126-30
APN: 0154-126-30
Lot Size: 0.27 Acres / 11,761 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: North Waterman Avenue and East 49th Street Zoning: RMH - Residential Medium High
FUTURE DEVELOPMENT
OPPORTUNITY VACANT LAND
Packet Pg. 220
Phase I – Surplus Land Declarations
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
Ward 6
City of San Bernardino – Phase I SLA
Packet Pg. 221
Ward 6 – APN: 0143-191-74
APN: 0143-191-74
Lot Size: 0.75 Acres / 32,670 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West Highland Avenue and Medical Center Drive Zoning: CO - Commercial Office
FUTURE DEVELOPMENT
OPPORTUNITY VACANT LAND
Packet Pg. 222
Ward 6 – APN: 0143-191-75
APN: 0143-191-75
Lot Size: 0.27 Acres / 11,761 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West Highland Avenue and Medical Center Drive Zoning: CO - Commercial Office
FUTURE DEVELOPMENT
OPPORTUNITY VACANT LAND
Packet Pg. 223
Ward 6 – APN: 0142-522-08
APN: 0142-522-08
Lot Size: 0.25 Acres / 10,890 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: North Meridian Ave and West 5th Street
Zoning: CGI - Commercial General 1
FUTURE DEVELOPMENT
OPPORTUNITY VACANT LAND
Packet Pg. 224
Ward 6 – APN: 0142-522-09
APN: 0142-522-09
Lot Size: 0.24 Acres / 10,464 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: North Meridian Ave and West 5th Street
Zoning: CG 1 - Commercial General 1
FUTURE DEVELOPMENT
OPPORTUNITY VACANT LAND
Packet Pg. 225
Ward 6 – APN: 0142-522-11
APN: 0142-522-11
Lot Size: 0.24 Acres / 10,454 Square Foot
Site improvements: None. Vacant land to be sold in as-is.
Cross Streets: North Meridian Ave and West 5th Street
Zoning: CG l - Commercial General 1
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 226
Ward 6 – APN: 0142-522-12
FUTURE DEVELOPMENT
OPPORTUNITY
VACANTLAND
APN: 0142-522-12
Lot Size: 0.24 Acres / 10,454 Square Foot
Site improvements: None. Vacant land to be sold as-is. Cross Streets: North Meridian Ave and West 5th Street
Zoning: CG l - Commercial General 1
Packet Pg. 227
Ward 6 – APN: 0142-522-13
APN: 0142-522-13
Lot Size: .24 Acres / 10,454 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian Avenue Zoning: CG-1 - Commercial General - 1
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 228
Ward 6 – APN: 0142-522-14
APN: 0142-522-14
Lot Size: .24 Acres / 10,454 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian Avenue Zoning: CG-1 - Commercial General - 1
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 229
Ward 6 – APN: 0142-522-15
APN: 0142-522-15
Lot Size: .24 Acres / 10,454 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian Avenue Zoning: CG-1 - Commercial General - 1
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 230
Ward 6 – APN: 0142-522-16
APN: 0142-522-16
Lot Size: .24 Acres / 10,454 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian Avenue Zoning: CG-1 - Commercial General - 1
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 231
Ward 6 – APN: 0142-522-17
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
APN: 0142-522-17
Lot Size: .25 Acres / 10,890Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian Avenue Zoning: CG-1 - Commercial General - 1
Packet Pg. 232
Ward 6 – APN: 0142-522-25
APN: 0142-522-25
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian Avenue Zoning: CG-1 - Commercial General - 1
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 233
Ward 6 – APN: 0142-522-35
FUTURE DEVELOPMENT
OPPORTUNITY
VACANTLAND
APN: 0142-522-35
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian Avenue Zoning: CG-1 - Commercial General - 1
Packet Pg. 234
Ward 6 – APN: 0142-522-36
APN: 0142-522-36
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian Avenue Zoning: CG-1 - Commercial General - 1
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 235
Ward 6 – APN: 0142-522-37
APN: 0142-522-37
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian Avenue Zoning: CG-1 - Commercial General - 1
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 236
Ward 6 – APN: 0142-522-38
APN: 0142-522-38
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian Avenue Zoning: CG-1 - Commercial General - 1
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 237
Ward 6 – APN: 0142-522-41
APN: 0142-522-41
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian Avenue Zoning: CG-1 - Commercial General - 1
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 238
Ward 6 – APN: 0142-522-42
APN: 0142-522-42
Lot Size: .20 Acres / 8,712 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: West 5th Street and North Meridian Avenue Zoning: CG-1 - Commercial General - 1
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 239
Ward 6 – APN: 0143-012-44
APN: 0143-012-44
Lot Size: 0.86 Acres / 37,461 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Medical Center Drive and West 21st Street Zoning: CO - Commercial Office
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
Packet Pg. 240
Phase I – Surplus Land Declarations
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
Ward 7
City of San Bernardino – Phase I SLA
Packet Pg. 241
Ward 7 – APN: 0155-451-10
FUTURE DEVELOPMENT
OPPORTUNITY VACANTLAND
APN: 0155-451-10
Lot Size: 1.41 Acres / 61,419 Square Foot
Site improvements: None. Vacant land to be sold as-is.
Cross Streets: Mountain Avenue and East Lynwood Drive
Zoning: CR2 - Commercial Regional 2
.
Packet Pg. 242
Recommendations
That the City Council:
1. Adopt Resolution No. 2022-_____ declaring the 42 City-owned properties identified in Attachment 3 as surplus land; and
2. Authorize the issuance of Notice of Availability forms for the subject properties.
Packet Pg. 243
Public Hearing
City of San Bernardino
Request for Council Action
Date: November 16, 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: Development Code Amendment 22-05
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California:
1. Introduce, read by title only, and waive further reading of Ordinance No. MC-1601 of the Mayor and City Council of the City of San Bernardino, California, amending Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter
19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update development standards for Commercial Cannabis Activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code; and finding that the Amendment is Exempt under the California Environmental Quality Act (Attachment 1); and
2. Schedule the adoption of Ordinance No. MC-1601 to the regularly scheduled meeting of the Mayor and City Council on December 7, 2022.
Background
On March 7, 2018, Mayor and City Council adopted Ordinance No. MC-1464, approving Chapter 5.10 of the Municipal Code to regulate Commercial Cannabis Activities.
On September 5, 2018, Mayor and City Council adopted Ordinance No. MC-1503, amending Chapter 5.10 of the Municipal Code related to the regulation of Commercial Cannabis Activities, which was subsequently approved by the registered voters on November 5, 2019.
Packet Pg. 244
On July 17, 2019, Mayor and City Council adopted Ordinance No. MC-1519 amending Chapter 19.02 (Basic Provisions), Chapter 19.06 (Commercial Zones), Chapter 19.10 (Industrial Zones) and Chapter 19.70 (Temporary Use Permits) in order to ensure consistency with Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code.
On August 9, 2022, by a unanimous vote, the Planning Commission adopted Resolution No. 2022-040 forwarding a recommendation of approval of Development Code Amendment 22-05 to the Mayor and City Council (Attachment 2).
Discussion
The adoption of Ordinance No. MC-1519 ensured that commercial cannabis activities, as identified under Chapter 5.10 (Commercial Cannabis Activities) of the City’s Municipal Code, were incorporated into the City’s Title 19 (Land Use). To ensure consistency with Title 19 (Land Use), this amendment will update definitions and development standards regulating commercial cannabis activities in each applicable zoning designation.
Development Code Amendment 22-05 amends Title 19 (Land Use) of the City of San Bernardino Municipal Code, as summarized below:
• Section 19.02.050 (Definitions) within Chapter 19.02 (Basic Provisions) is updated to add definitions for commercial cannabis activities, including cultivation, distribution, manufacturing, microbusiness, retail, and testing laboratory (Attachment 3, Exhibit A).
• Chapter 19.06 (Commercial Zones), Table 06.01 (I)(6) (Commercial Cannabis Activities) and Chapter 19.08 (Industrial Zones), Table 08.01 (6) (Commercial Cannabis Activities) is updated to add commercial cannabis activities within applicable zoning designations based on the type of cannabis operation (Attachment 4, Exhibit B and C).
• Section 19.08.030(2)(3) (Industrial Zone Standards) within Chapter 19.08 (Industrial Zones), amends the standards to prohibit the outdoor storage of cannabis in accordance with Section 5.10.340 (Operating Requirements for Commercial Cannabis Cultivation Facilities) of the City of San Bernardino Municipal Code (Attachment 5, Exhibit D).
2021-2025 Strategic Targets and Goals
Development Code Amendment 22-05 aligns with Key Target No. 4: Economic Growth & Development, under Goal 4(b): Update the General Plan and Development Code.
Specifically, the amendment to the Development Code for Commercial Cannabis Activities proposed under Development Code 22-05 will ensure that commercial cannabis activities allowed under Chapter 5.10 of the City’s Municipal Code are consistent with the City’s land use designations as required by the City’s General Plan.
Packet Pg. 245
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, California:
1. Introduce, read by title only, and waive further reading of Ordinance No. MC-1601 of the Mayor and City Council of the City of San Bernardino, California, amending Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter
19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update development standards for Commercial Cannabis Activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code; and finding that the Amendment is Exempt under the California Environmental Quality Act adopt Ordinance approving Development Code Amendment 22-05; and
2. Schedule the adoption of Ordinance No. MC-1601 to the regularly scheduled meeting of the Mayor and City Council on December 7, 2022.
Attachments
Attachment 1 Ordinance No. MC-1601
Attachment 2 Planning Commission Resolution No. 2022-040.
Attachment 3 Exhibit A – Development Code Section 19.02.050: Definition Attachment 4 Exhibit B and Exhibit C – Development Code Section
19.06.020 and Development Code Section19.08.020:
Permitted, Development Permitted and Conditionally
Permitted Uses.
Attachment 5 Exhibit D - Development Code Section 19.08.030(2)(3):
Industrial Zone Standards for Storage.
Attachment 6 Newspaper Publication
Ward:
All Wards
Synopsis of Previous Council Actions:
October 19, 2022 Development Code Amendment 22-05 was pulled from the Mayor and City Council Agenda to provide public notice
through a display advertisement in the San Bernardino Sun Newspaper.
July 17, 2019 Mayor and City Council adopted Ordinance No. MC-1519, which amended Section 5.10.250 of the City of San Bernardino Municipal Code relating to the location of cannabis businesses and approving Development Code Amendment 19-01
amending Chapter 19.02 (Basic Provisions), Chapter 19.06 Packet Pg. 246
(Commercial Zones), Chapter 19.10 (Industrial Zones) and Chapter 19.70 (Temporary Use Permits) of the City of San Bernardino Development Code relating to Commercial
Cannabis Activities pursuant to Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code; and finding that the Amendment is Exempt under the California Environmental Quality Act; and
September 5, 2018 Mayor and City Council adopted Ordinance No. MC-1503, which amended Chapter 5.10 of the San Bernardino Municipal Code related to the Regulation of Commercial Cannabis
Activities.
March 7, 2018 Mayor and City Council adopted Ordinance No. MC-1464, approving Commercial Cannabis Activity (Chapter 5.10 -
Development Code Amendment 18-02).
Packet Pg. 247
ORDINANCE NO. MC-1601
ORDINANCE NO. MC-1601
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING
DEVELOPMENT CODE AMENDMENT 22-05 AMENDING
SECTION 19.02.020 (DEFINITIONS), CHAPTER 19.06
(COMMERCIAL ZONES), AND CHAPTER 19.10
(INDUSTRIAL ZONES) OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE (TITLE 19) TO UPDATE DEVELOPMENT
STANDARDS FOR COMMERCIAL CANNABIS ACTIVITIES
IN ACCORDANCE WITH CHAPTER 5.10 (COMMERCIAL
CANNABIS ACTIVITIES) OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE; AND FINDING THAT
THE AMENDMENT IS EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance No. MC1464 approving Chapter 5.10 of the City of San Bernardino Municipal Code to regulate Commercial Cannabis Activities; and
WHEREAS, on September 5, 2018, the Mayor and City Council adopted Ordinance No.
MC-1503, amending Chapter 5.10 of the City of San Bernardino Municipal Code related to the regulation of Commercial Cannabis Activities; which was subsequently approved by the registered voters on November 6, 2018; and
WHEREAS, on June 19, 2019, the Mayor and City Council adopted Ordinance No. MC1519, amending Chapter 19.02 (Basic Provisions), Chapter 19.06 (Commercial Zones), Chapter
19.10 (Industrial Zones) and Chapter 19.70 (Temporary Use Permits) in order to ensure consistency with Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code; and
WHEREAS, Development Code Amendment 22-05, is a City-initiated amendment to Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update development standards for Commercial Cannabis Activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code; and WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has prepared Development Code Amendment 22-05 consistent with the City of San Bernardino General Plan, compliance with the City of San Bernardino Municipal Code, and compliance with the City of San Bernardino Development Code; and
WHEREAS, on August 9, 2022, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2022-040 recommending to the Mayor and City Council the approval of Development Packet Pg. 248
ORDINANCE NO. MC-1601
Code Amendment 22-05 amending Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update development standards for Commercial Cannabis Activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code; and WHEREAS, on November 5, 2022, pursuant to the requirements Section 19.52.020 of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino of the holding of a public hearing for the Mayor and City Council’s consideration of this proposed Ordinance for Development Code Amendment 22-05; and
WHEREAS, pursuant to Section 19.42.040, the Mayor and City Council have the authority to take action on Development Code Amendment 22-05 based upon findings of fact.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.
SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 22-05 and this Ordinance No. MC-1601 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 3. Finding of Facts – Development Code Amendment 22-05 Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: The proposed amendment is consistent with the General Plan goals and policies including the following:
General Plan Land Use Element Policy 2.1.2: Require that new development with potentially adverse impacts on existing neighborhoods or residents such as noise, traffic, emissions, and storm water runoff, be located and designed so that quality of life and safety in existing neighborhoods are preserved.
General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element.
Packet Pg. 249
ORDINANCE NO. MC-1601
General Plan Land Use Element Policy 2.2.8: Control the Location and number of community-sensitive uses, such as alcohol sales, adult bookstores, and businesses, game arcades, and similar uses based on proximity to residences, schools, religious facilities, and parks.
Land Use Element Policy 2.2.10: The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public.
The City of San Bernardino has a mixture of residential, industrial, commercial, and entertainment land uses. A number of these uses to include commercial and industrial uses can potentially have an adverse effect upon a residential neighborhood and community-sensitive uses. However, such industrial and commercial uses provide a vital role to the City’s economy.
Thus, it is important to maintain consistency between new land uses that may bring new economic growth to the City and existing residential neighborhoods. The amendment to the Land Use Regulations (Title 19) of the City of San Bernardino Municipal Code would be consistent with the City’s General Plan as it would ensure that commercial cannabis activity types are located within zone designations that have comparable land uses in order to protect residential zone from incompatible cannabis activities.
Additionally, the City would be able to ensure that the various types of cannabis activity comply with all applicable zoning and development standards in order to protect and maintain the quality of life of the City.
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 amendment would update Title 19 (Land Use) of the City of San Bernardino Municipal Code for the purpose of ensuring that commercial cannabis activity types are comparable to existing land use designations based on the type of use each cannabis operation undertakes. Additionally, in order to ensure that the quality of life for the City’s residents is maintained and not affected by the type of use each cannabis operation is undertaking, it will maintain that only qualified patients and persons over 21 years of age have safe access to cannabis. Therefore, the amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
SECTION 4. Adoption of Ordinance. Development Code Amendment 22-05 to amend Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19), attached hereto and incorporated herein by reference as Exhibit “A” through “D”, is hereby approved.
Packet Pg. 250
ORDINANCE NO. MC-1601
SECTION 6. Notice of Exemption: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 22-05.
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
Packet Pg. 251
ORDINANCE NO. MC-1601
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1601, introduced on November 16, 2022 and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 2022 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.
______________________________
Genoveva Rocha, CMC, City Clerk
Packet Pg. 252
Packet Pg. 253
Packet Pg. 254
Packet Pg. 255
Packet Pg. 256
Packet Pg. 257
Packet Pg. 258
Packet Pg. 259
Packet Pg. 260
Packet Pg. 261
Packet Pg. 262
Packet Pg. 263
EXHIBIT A
Development Code Section 19.02.050
(Definitions)
19.02.050 (Definitions) shall be modified to read as follows:
Commercial Cannabis Activity. Any activity engaging in the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in Chapter 5.10 of the Municipal Code. (MC 1519 7/17/19)
Cultivation. Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. As identified by State of California Department of Cannabis Control (‘State”), the following State regulated licenses would be regulated and in compliance with the City’s local regulations:
- Specialty Indoor Cottage (501 to 5,000 square feet of canopy) - Small Indoor (5,001 to 10,000 square feet of canopy)
- Medium Indoor (10,001 to 22,000 square feet of Canopy) - Large (Over 22,001 square feet) (State issued until January 2023) - Nursery (Cultivators that ONLY grow clones, immature plants, seeds, or other types of cannabis used for propagation)
- Processor (Cultivators that ONLY trim, cure, dry, grade, package, or label cannabis)
Cultivation site. A location where cannabis is planted, grown harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
Distribution. Distribution means the procurement, sale, and transport of cannabis and cannabis products between licensees. As identified by State of California Department of Cannabis Control (‘State”), the following State regulated licenses would be regulated and in compliance with the City’s local regulations:
- Type 11 – Distributor that moves product/finished product to retail, storage and arrange for testing.
- Type 3 – Transport Only
Distributor. A person holding a valid commercial cannabis business permit issued by the City of San Bernardino, and a valid state license for distribution, required by state law to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed retailer.
Manufacturing. Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product to include extraction, infusion, packaging or repackaging of cannabis products, labeling or relabeling the packages of cannabis products, post-processing Packet Pg. 264
EXHIBIT A
refinements of cannabis extract (“post-processing”), and Remediation of failed harvest batches or cannabis product batches, other than relabeling to correct cannabinoid content. As identified by State of California Department of Cannabis Control (“State”), the following State regulated licenses would be regulated and in compliance with the City’s local regulations:
- Type 6 – Extractions using mechanical methods, or Non-Volatile Solvents (Ethanol, Carbon Dioxide, Cooking Oils and Butter)
- Type 7 - Extractions using volatile solvents (Butane, Heptane, Hexane and Propane) - Type N - Produces cannabis products other than extracts or concentrates that are produced through extraction
- Type P - Packaging or repackaging of cannabis products or labeling or relabeling cannabis product containers or wrappers only
- Type S – Shared Use Facility (Type 6, N and P under one roof) Manufactured cannabis. A raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application. means a person holding a valid commercial cannabis business permit issued by the City of San Bernardino, and a valid state license for distribution, required by state law to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed retailer.
Manufacturer. A person issued a valid commercial cannabis business permit by the City of San Bernardino and, a valid state license as required, that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or container.
Microbusiness. Microbusiness consists of engaging in at least three (3) of the following commercial cannabis activities: cultivation, manufacturing, distribution, and retail sale. As identified by State of California Department of Cannabis Control (“State”), the following State regulated licenses would be regulated and in compliance with the City’s local regulations:
- Type 12 – A combination of: 1) Cultivation up to 10,000 square feet; 2) Manufacturing (using non-volatile, mechanical extraction or infusion); 3) Distribution; and 4) Retail
Retail. A commercial cannabis business that offers cannabis, cannabis products, or devices for the use of cannabis or cannabis products, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator holds a valid commercial cannabis business permit from the City of San Bernardino Packet Pg. 265
EXHIBIT A
authorizing the operation of a retailer, and a valid state license as required by the State of California Department of Cannabis Control to operate as a retailer. As identified by the State, the following State regulated licenses would be regulated and in compliance with the City’s local regulations:
- Type 9 – Non-Storefront (Deliver Only)
- Type 10 – Storefront (May include Delivery)
Testing Laboratory. A laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; and (2) Holds a valid commercial cannabis business permit from the City and a State license as required. As identified by State of California Department of Cannabis Control (“State”), the following State regulated licenses would be regulated and in compliance with the City’s local regulations:
- Type 8 – Test cannabis goods prior to sale at a retailer Packet Pg. 266
EXHIBIT B
Development Code Section 19.06.020
(Development Permitted and Conditionally Permitted Uses)
19.06.020 (Development Permitted and Conditionally Permitted Uses); Table 06.01 (Commercial Zone List of Permitted, Development Permitted, and Conditionally Permitted Uses) shall be modified to read as follows:
TABLE 06.01
PERMITTED, DEVELOPMENT PERMITTED, AND
CONDITIONALLY PERMITTED USES
The following list represents those primary uses in the Commercial zones, which are Permitted (P), subject to an Administrative or Development Permit (D), Minor/Conditional Use Permit (C), or a Commercial Cannabis Business (CCB) Permit (Chapter 5.10 of the City of San Bernardino Municipal Code).
Those with a -- are not permitted uses in that zone.
14 (MC 1519 7/17/19)
LAND USE ACTIVITY CG-1 CG-2 CG-3 CR-1 CR-2 CR-3 CH CCS-1 I (3) Commercial Cannabis Activity14
A) Cultivation -- -- -- -- -- -- -- --
B) Distribution (Stand-Alone) -- -- -- -- -- -- -- --
C) Manufacturing:
i. Non-Volatile (License
Types N, P & S)
-- -- -- -- -- -- CCB --
ii. Volatile -- -- -- -- -- -- -- --
D) Microbusiness:
E)
i. Non-Retail -- -- -- -- -- -- CCB --
ii. Retail (15% or less) -- -- -- -- -- -- -- --
iii. Retail (Over 15%) CCB CCB CCB CCB CCB CCB CCB CCB
F) Retail:
i. Storefront CCB CCB CCB CCB CCB CCB CCB CCB
ii. Non-Storefront CCB CCB CCB CCB CCB CCB CCB CCB
G) Testing Laboratory: CCB CCB CCB CCB CCB CCB CCB CCB
Packet Pg. 267
EXHIBIT C
Development Code Section 19.08.020
(Permitted, Development Permitted and Conditionally Permitted Uses)
19.08.020 (Permitted, Development Permitted and Conditionally Permitted Uses); Table 08.01 (Industrial Zone List of Permitted, Development Permitted, and Conditionally Permitted Uses) shall be modified to read as follows:
TABLE 08.01
PERMITTED, DEVELOPMENT PERMITTED, AND
CONDITIONALLY PERMITTED USES
The following list represents those primary uses in the Industrial zones, which are Permitted (P), subject to an Administrative or Development Permit (D), Minor/Conditional Use Permit (C), or a Commercial Cannabis Business (CCB) Permit (Chapter 5.10 of the City of San Bernardino Municipal Code).
Those with a -- are not permitted uses in that zone.
5 (MC 1519 7/17/19)
LAND USE ACTIVITY OIP IL IH
6 Commercial Cannabis Activity5
A) Cultivation -- CCB CCB
B) Distribution (Stand-Alone) -- CCB CCB
C) Manufacturing:
iii. Non-Volatile (License
Types N, P & S)
-- CCB CCB
iv. Volatile -- -- CCB
D) Microbusiness:
E)
iv. Non-Retail -- CCB CCB
v. Retail (15% or less) -- CCB CCB
vi. Retail (Over 15%) -- -- --
F) Retail:
iii. Storefront -- -- --
iv. Non-Storefront -- -- --
G) Testing Laboratory: CCB CCB CCB
Packet Pg. 268
EXHIBIT D
Development Code Section 19.08.030(2)
(Land Use District Development Standards – Industrial Zone Standards)
19.08.030 (2)(3) (Land Use District Development Standards – Industrial Zone Standards shall be modified to read as follows:
Outside storage shall be confined to the rear of the principal structure(s) or the rear two-thirds of the site, whichever is the more restrictive, and screened from public view from any adjoining properties and public rights-of-way by appropriate walls, fencing and landscaping. However, all outdoor (i.e. open air) activities having to do with the cultivation, storage, processing, and/or manufacturing of cannabis product/items are prohibited and shall occur indoors or within mixed light structures in accordance with Chapter 5.10 of the City of San Bernardino Municipal Code.
Packet Pg. 269
CALIFORNIA NEWSPAPER SERVICE BUREAU
SBS#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
JESSICA NAMETZ
SAN BERNARDINO CITY DEV SERVICE
300 NORTH D ST #300
SAN BERNARDINO, CA 92418
HRGSB NOTICE OF HEARING-SB
MCC 11.16.22
11/05/2022
Notice Type:
Ad Description
COPY OF NOTICE
3641168
!A000006157091!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.
Packet Pg. 270
NOTICE OF PUBLIC HEARING
BEFORE THE MAYOR AND CITY COUNCIL
Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a public hearing on Wednesday, November 16, 2022 at 7:00 p.m. in the Feldheym Public Library, Bing Wong Auditorium, 555 W. 6th Street, San Bernardino, California 92410, on the following item(s):
DEVELOPMENT CODE AMENDMENT 22-05 – A City-initiated amendment to Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Development Code in order to update development standards for cannabis business activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code.
Environmental Determination: Categorically Exempt under the California Environmental Quality Act (“CEQA”), pursuant to Section 15061(b)(3) (Review for Exemption) of the State CEQA Guidelines
Owner: N/A
Applicant: City of San Bernardino – Community and Economic Development Department
The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items. The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions. The public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the City Clerk’s Office by phone at (909) 384-5002.
If you challenge the resultant action of the Mayor and City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing.
Submitted: November 2, 2022 Publish: November 5, 2022 (Display Ad) Please send first proof for verification or changes by e-mail to Jessica Nametz: nametz_je@sbcity. org. Please reference “MCC Display Ad” on the billing and send to the City of San Bernardino, Planning Division, 290 North D Street, San Bernardino, CA 92401.
CNSB #3641168
Packet Pg. 271
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations and Maintenance
Department: Public Works
Subject: Public Hearing on Annexation No. 27 to Community Facilities District 2019-1 (Ward 3)
Recommendation:
The Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2022-235 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 27); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2022-236 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 27); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1602 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and Packet Pg. 272
6. Schedule the adoption of Ordinance No. MC-1602 for December 7, 2022.
Background
On October 5, 2022, the Mayor and City Council adopted Resolution No. 2022-210, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for November 16, 2022, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on October 12, 2022, at 1:23 p.m. in Book 90 Page 70, Document No. 2022-0340481 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 5.35 gross acres of a zoned industrial property within the City, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will consist of an industrial warehouse. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:
1. Public lighting and appurtenant facilities, including streetlights within public rightsof-way and traffic signals; and
2. Maintenance of streets, including pavement management; and
3. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and
4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District, including the contract administration and for the collection of reserve funds.
The proposed area to be annexed into the CFD will be included in Tax Zone 28 and is located on E Central Ave between S Waterman Ave and S Valley View Ave, as shown in Attachment #13.
The maximum annual special tax for this development has been calculated to be $2,143 per acre for FY 2022/23. This tax rate includes a Maximum Special Tax A of $1,851 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $292 per acre per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Packet Pg. 273
Attachment 3 attached hereto. If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.
To annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below:
• Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted October 5, 2022.
• Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the District.
With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for December 7, 2022.
Discussion
The Resolution of Intention called for a public hearing to be held on November 16, 2022, on the issue of the annexation of territory into CFD No. 2019-1. Under the MelloRoos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.
Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is Packet Pg. 274
formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2022-235, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022-236 declaring the results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.
Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $8,884 from Special Tax A to be used to pay for maintenance costs within the development.
On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.
All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.
Conclusion
The Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2022-235 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation Packet Pg. 275
No. 27); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2022-236 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 27); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC1602 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1602 for December 7, 2022.
Attachments
Attachment 1 - Resolution No. 2022-235- Resolution Calling Election Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Resolution No. 2022-236- Resolution Declaring Election Results
Attachment 6 - Exhibit A Certificate of Election Results Attachment 7 - Ordinance No. MC-1601
Attachment 8 - Exhibit A Description of Services
Attachment 9 - Exhibit B Parcel List
Attachment 10 - Petition
Attachment 11 - PowerPoint Presentation
Attachment 12 - Project Map
Ward:
Third Ward
Synopsis of Previous Council Actions:
June 5,2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of intension to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.
Packet Pg. 276
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1, Resolution No. 2019-179 was adopted declaring election results for
Community Facilities District No, 2019-1, and first reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
October 5, 2022 Mayor and City Council adopted Resolution No. 2022-210, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.
Packet Pg. 277
Resolution No. 2022- 235
Resolution No. 2022- 235
1 of 6
RESOLUTION NO. 2022-235
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
27)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit “B” of the Resolution of Intention; and
WHEREAS, the City Council set a public hearing for July 17, 2019, after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and
WHEREAS, the City Council on October 5, 2022, duly adopted Resolution No. 2022-210 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019- 1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for November 16, 2022; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 27 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on October 12, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 70, in the office of the San Bernardino County Recorder; and
Packet Pg. 278
Resolution No. 2022- 235
Resolution No. 2022- 235
2 of 6
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on November 16, 2022, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the November 16, 2022, meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384- 5002; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit “A” hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the Packet Pg. 279
Resolution No. 2022- 235
Resolution No. 2022- 235
3 of 6
special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council, with respect to the annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit "B” and attached hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California, 92401, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on November 16, 2022, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on September 30, 2022 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1.
Packet Pg. 280
Resolution No. 2022- 235
Resolution No. 2022- 235
4 of 6
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit “C”.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on November 16, 2022. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on November 16, 2022, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office.
SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 13. Effective Date. This Resolution shall become effective immediately.
Packet Pg. 281
Resolution No. 2022- 235
Resolution No. 2022- 235
5 of 6
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. 282
Resolution No. 2022- 235
Resolution No. 2022- 235
6 of 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 Resolution No. 2022-235, 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. 283
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 27 is currently comprised of ten (10) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0280-032-07 SB Drake Central Avenue LLC
0280-032-08 SB Drake Central Avenue LLC
0280-032-09 SB Drake Central Avenue LLC
0280-032-10 SB Drake Central Avenue LLC
0280-032-11 SB Drake Central Avenue LLC
0280-032-13 SB Drake Central Avenue LLC
0280-032-14 SB Drake Central Avenue LLC
0280-032-15 SB Drake Central Avenue LLC
0280-032-37 SB Drake Central Avenue LLC
0280-032-38 SB Drake Central Avenue LLC
Packet Pg. 284
EXHIBIT B
City of San Bernardino 1
Community Facilities District No. 2019‐1 (Maintenance Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the coststo the City, CFD No. 2019‐1, or any designee thereof associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
Packet Pg. 285
City of San Bernardino 2
Community Facilities District No. 2019‐1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 etseq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.
Packet Pg. 286
City of San Bernardino 3
Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.
“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi‐Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
Packet Pg. 287
City of San Bernardino 4
Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non‐Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐Family Residential Property and the number of Residential Units shall be determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi‐family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s Packet Pg. 288
City of San Bernardino 5
Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 isidentified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:
Packet Pg. 289
City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)
Packet Pg. 290
City of San Bernardino 7
Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Packet Pg. 291
City of San Bernardino 8
Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Pg. 292
City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposesset forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
Packet Pg. 293
City of San Bernardino 10
Community Facilities District No. 2019‐1 (Maintenance Services)
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
Packet Pg. 294
City of San Bernardino 11
Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2022‐23. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019‐1.
TAX ZONE 28
PM 20320
Item Description Estimated Cost
1 Lighting $600
2 Streets $6,922
3 Drainage $216
4 Reserves $122
5 Admin $1,024
Total $8,884
Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1 Tax Zone 28.
TAX ZONE 28 (CONTINGENT SERVICES)
PM 20320
Item Description Estimated Cost
1 Streets $404
2 Admin $1,000
Total $1,404
TAX ZONE 28
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $1,851 $292
Packet Pg. 295
City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services) TAX ZONE 28
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $1,851 $292
Packet Pg. 296
City of San Bernardino 13
Community Facilities District No. 2019‐1 (Maintenance Services)
TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP 17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022‐23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021‐013 2022‐23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022‐23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022‐23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined
27 28 PM 20320 2022‐23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC Packet Pg. 297
City of San Bernardino 14
Community Facilities District No. 2019‐1 (Maintenance Services)
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
Packet Pg. 298
City of San Bernardino 15
Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways,streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any portions adjacent to the properties within CFD No. 2019‐1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the benefit of the properties within the boundaries of CFD No. 2019‐1, asthe boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019‐1 before CFD No. 2019‐1 was created.
Packet Pg. 299
City of San Bernardino 16
Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Pg. 300
EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 27
(November 16, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
SB Drake Central Avenue LLC 5.35 6
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than November 2, 2022, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on November 16, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on November 16, 2022.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg. 301
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
SB Drake Central Avenue LLC
Attn: Kevin Rice
12126 West Sunset Boulevard
Los Angeles, CA 90049
0280-032-07, -08, 09, -10, -11, -13, -14, -15, -
37, -38
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on October 5, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 27 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.
Kevin Rice
Managing Member
Signature
Print Name
Title
Packet Pg. 302
Resolution No. 2022-236
Resolution 2022-236
November 16, 2022