Agenda packet — Mayor and City Council, December 6, 2023 (part 3 of 6)

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RESOLUTION NO. 2023-177

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 37) AND AUTHORIZING

THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on July 17, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-178 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 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; and
WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established.

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

SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.

SECTION 2.Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”.

SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map

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Resolution No. 2023-177
Resolution No. 2023-177
December 6, 2023

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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 37, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

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

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

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

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, January 17, 2024, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

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

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

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Resolution No. 2023-177
December 6, 2023

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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday December 6, 2023 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of December 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2023-177
Resolution No. 2023-177
December 6, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-177, adopted at a regular meeting held on the 6 th day of December 2023 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 ____________ 2023.

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 201 9-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 37 is currently comprised of twelve (12) parcels, located within the City boundaries.

The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0142-621-13 MV RE Holdings LLC
0142-621-14 MV RE Holdings LLC
0142-621-15 MV RE Holdings LLC
0142-621-16 MV RE Holdings LLC
0142-621-17 MV RE Holdings LLC
0142-621-18 MV RE Holdings LLC
0142-621-19 MV RE Holdings LLC
0142-621-20 MV RE Holdings LLC
0142-621-21 MV RE Holdings LLC
0142-621-22 MV RE Holdings LLC
0142-621-23 MV RE Holdings LLC
0142-621-24 MV RE Holdings LLC

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EXHIBIT B

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 attribut able to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, park ways, streets, roads and open space, which maintenance and lighting services may include, without lim itation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and repl acement) 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 fr om and maintenance and repair of public structures situated on parks, parkways, street s, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and

(b) maintenance and operation of water qualit y improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way includi ng the removal of petroleum hydrocarbons and other pollutants from water runoff, or appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and

(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

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

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

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EXHIBIT C
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 costs to the City, CFD No. 2019‐1, or any designee thereof associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.

“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map
that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.

“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.

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Community Facilities District No. 2019‐1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building.

“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.

“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).

“City” means the City of San Bernardino.

“Contingent
Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.

“County” means the County of San Bernardino.

“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has
been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.

“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.

“Fiscal Year” means
the period from and including July 1st of any year to and including the following June 30th.

“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.

“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019‐1.

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Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.

“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.

“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property.

“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.

“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy
to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.

“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential
Units.

“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed.

“Single Family Residential Property”
means any residential property other than Multi‐Family Residential Property on an Assessor’s Parcel.

“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.

“Special Tax A” means the annual special tax to be
levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.

"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

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Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.

"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt Property.

“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.

"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.

"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.

“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

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

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

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

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

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

TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961

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

(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:

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Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961

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

c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:

TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY

Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338

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

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:

(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

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

(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

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

TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for

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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

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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 purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator.

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

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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.

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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 2023‐24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019‐1.

TAX ZONE 38
TR 18895

Item Description Estimated Cost
1 Lighting $373
2 Streets $4,836
3 Parks $1,865
4 Graffiti $79
5 Reserves $68
6 Admin $1,250
Total $8,471

Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.

TAX ZONE 38
FY 2023‐24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Single Family Residential Property RU $706 $0

TAX ZONE 38
FY 2023‐24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $3,667 $0

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City of San Bernardino 12
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 28 29 TR 17329 2023‐24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022‐11 2022‐23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022‐23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023‐24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613,
4230 & 4250 2022‐23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023‐24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21‐16 2023‐24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC
35 36 CUP 22‐03 2023‐24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022‐007 2023‐24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023‐24 $706 / RU $0 / Acre MV RE Holdings LLC

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City of San Bernardino 13
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.

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City of San Bernardino 14
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, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019‐1 before CFD No. 2019‐1 was created.

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City of San Bernardino 15
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

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EXHIBIT D
SHEET 1 OF 1 SHEET
ANNEXATION MAP NO. 37
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA.

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

THIS MAP WAS FILED UNDER DOCUMENT
_____________, THIS _______ DAY OF _______, 20 ____,
AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,

AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT
OF $_____________.

NUMBER

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES

DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP

THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE

COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA.

CHRIS WILHITE

ASSESSOR-RECORDER

SAN BERNARDINO COUNTY
BY:________________________________

DEPUTY RECORDER

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS

APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN

BERNARDINO AT
ON THE ____ DAY OF ____________________,

A REGULAR MEETING THEREOF, HELD
20 ____.

BY ITS RESOLUTION NO. ____________________
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____.
38 _________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
þ
18 þ
330
¤
66 þ
210þ
259þ
0 ¤
66 CFD 2019-1
TAX ZONE 38
¤
66 LEGEND
_ § ¦
215

ANNEXATION AREA BOUNDARY
PARCEL LINEþ
38§ ¦10

CITY BOUNDARY
-

THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR

PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS

CONCERNING THE LINES AND DIMENSIONS OF LOTS OR

PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2023-24.

XXXX-XXX-XX
38 ASSESSOR PARCEL NUMBER (APN)

TAX ZONE

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Exhibit E

PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO

REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS

TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES

THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE

COMMUNITY FACILITIES DISTRICT

1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district.

2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.

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

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

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

6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the

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MV RE Holdings LLC

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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 37)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on November 15, 2023 adopted its Resolution No. 2023-_ __, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (M aintenance Services) (the "CFD No. 2019-1" ), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello
-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, January 17, 2024 at the Bing Wong Auditorium of the Norman F.

At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the January 17 , 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating
the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.

DATED: ____________, 2024 _________________________________________ C
ity Clerk of the City of San Bernardino
PUB: _______________, 2024

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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 37
(January 17, 2024)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (M aintenance Services) (“CFD No. 2019-1 ”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
MV RE Holdings LLC 2.97 3
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.

Thi
s 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 par
cels. This special tax ballot may be used to express either support for or opposition to the pr
oposed 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 del
ivered to the City Clerk, either by mail or in person, as follows:

M
ail
Delivery:

P
ersonal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than January 3, 2024, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the s pecial tax ballot may not be received in time to be counted.

If in person, deliver to the City Clerk at any time up to 7:00 p.m. on January 17, 2024, 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 J anuary 17, 2024.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

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T
O CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

MV RE Holdings LLC
Attn: Steve Landis
PO Box 9559
Alta Loma, CA 91701
0142-6
21-13, -14, -15, -16, -17,
-18, -19, -20, -21, -22, -23, -24

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 18, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 37 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__.

St
eve Landis
Manager
Signature
Print Name
Title

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EXHIBIT H

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MACY
ST

ESPERANZA ST

MILL ST

JOHNSTON AVE
WALNUT
ST

POPLAR ST
W
ATW

OOD AVE
DALLAS
AVE

CHESTNUT ST

ATCHISON ST
RANCHO
AVE
IRIS
ST
STATE
ST

GRAND AVE

ALSTON AVE
SUTTER

AVECOLLEGE DR

HUFF ST
^_
£¤66

MILL ST
16TH ST

SPRUCE ST

SIERRA W
AY
W
ATERM
AN AVE

NINTH ST

CAMPUS WAY
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PEPPER AV

CEDAR AVE

CENTRAL AVE
M

ERIDIAN AVE

SAN BERNARDINO AVE
M

T VERNON AVEPENNSYLVANIA AVE
W
ATERM
AN AVE

CITRUS AVE

EUCALYPTUS AVE

ACADEMY ST
M
T.VIEW
AVE

COLTON AVE

REDLANDS BLVD

MILL ST
·|}þ259
£¤66
£¤66
£¤66
§¨¦
215
§¨¦
10 ·|}þ259
·|}þ210
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 37

PROJECT MAP

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary Lanier, Interim Director of Community Development and Housing
Department: Community Development and Housing
Subject: Resolution Declaring Intent to Amend Special Tax Rates: Community Facilities District No. 2019-1
(Maintenance Services): Annexation No. 28, Tax Zone
No. 29 (Verdemont Ranch) (Ward 5)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-178 of the Mayor and City Council of San Bernardino, California, declaring its intention to amend the Special Tax rates for Annexation No. 28 into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, and authorizing the levy of a special taxes therein.

Executive Summary
The recommended actions are the first step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impacts for maintenance service of public facilities as a result of the new development. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development.

Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 initiating the formation of Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City.

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On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.

Discussion
On December 7, 2022, the City Council adopted Resolution No. 2022-263, a Resolution of Intention to add Annexation Area No. 28 into CFD 2019-1, to authorize the levy of special tax therein and to finance certain services.

On December 6, 2023, the City Council is being presented with a request to amend Resolution No. 2022-263 and adjust the rates previously approved. The new rates add the maintenance of slopes and open space.

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

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

1. Maintenance of median landscaping and other public improvements installed within the public rights-of-way; and

2. Public lighting and appurtenant facilities, including streetlights within public rights-of-way and traffic signals; and

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

The proposed development includes approximately 24.83 gross acres of a vacant residential lot. The property is located at N. Little League Drive, north of W. Meyers Road. At build out, this development will include 20 detached single family residential properties as a new Tax Zone No. 29 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. To annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the

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facilities to be maintained and establish the maximum special tax for this Tax Zone.

The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 29), is included as Exhibit “C” to the Resolution of Intention. The amended maximum annual special tax for this development has been calculated to be $595 per unit for FY 2023/24. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD.

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). •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.

The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $11,901 to be used to pay for maintenance costs.

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.

With the adoption of the Resolution of Intention, the Public Hearing will be scheduled for January 17, 2024.
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

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contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact to the City. All costs associated with annexation into the CFD have been borne by the Developer.

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-178 of the Mayor and City Council of San Bernardino, California, declaring its intention to amend the Special Tax rates for Annexation No. 28 into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, and authorizing the levy of a special taxes therein.

Attachments
Attachment 1 – Resolution of Intention No. 2023-178
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Amended Rate and Method of Apportionment Attachment 5 – Exhibit D - Recorded Boundary Maps
Attachment 6 – Exhibit E - Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Project Map
Attachment 10 – Maintenance Exhibit
Ward:

Fifth Ward
Synopsis of Previous Council Actions:

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

July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for
Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of

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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.

December 7, 2022 Mayor and City Council adopted Resolution No. 2022-263, 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”.

January 18, 2023 Mayor and City Council adopted Resolution No. 2023-001 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 28), and adopted Resolution No. 2023-002 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 28); and introduced Ordinance No. MC-1608 amending No. MC 1522.

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Resolution No. 2023-178
Resolution No. 2023-178
December 6, 2023

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RESOLUTION NO. 2023-178

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO AMEND THE SPECIAL
TAX RATES FOR ANNEXATION NO. 28 INTO
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN

BERNARDINO, AND AUTHORIZING THE LEVY OF A

SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on July 17, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-178 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 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; and
WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established.

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

SECTION 2.Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”.

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Resolution No. 2023-178
Resolution No. 2023-178
December 6, 2023

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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 28, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") as recorded on December 8, 2022 in Book 90 of Maps of Assessment and Community Facilities Districts, at Page 86, and as Document No. 2022, 0393680 in the official records of the County of San Bernardino and attached hereto as Exhibit D.

SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopted the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1, which is on file with the City Clerk as recorded on May 20, 2020 in Book 85 of Maps of Assessment and Community Facilities Districts, at Page 86, and as Document No. 2022, 0393680 in the official records of the County of San Bernardino.

1. The publication of said notice shall be completed at least seven days prior to the date herein

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Resolution No. 2023-178
Resolution No. 2023-178
December 6, 2023

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fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.

SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday, December 6, 2023 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of December 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2023-178
Resolution No. 2023-178
December 6, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-178, adopted at a regular meeting held on the 6 th day of December 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF ANNEXED TERRITORY
The City of San Bernardino Community Facilities District No. 2019 -1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 28 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Owner Name
0348-111-51 Verdemont Ranch 20 LLC

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EXHIBIT B

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EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)

AMENDED 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, t he 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 costs to 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 inqui ries regarding the Special Taxes ; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019 -1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.

“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.

“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.

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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 is suance 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 requi red in any Fiscal Year, if the P OA 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 et seq.) 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 1 st of any year to and including the following
June 30th.

“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 determin ed in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.

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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.

“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 circu mstances shall the Special Tax A Requirement include funds for Bonds.

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Community Facilities District No. 2019-1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.

"Taxable Property" means all Assessor’s Parcels within CFD No. 2019 -1, which are not Exempt Property.

“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019 -1 at formation; additional Tax Zones may be created when property is annexed into the CFD.

"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.

"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.

“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

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

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi -family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a singl e 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 Un its 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

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

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1 , the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified 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, 20 20 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 Cate gory. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:

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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, 20 20 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.

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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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, 20 20 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 Cate gory. 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 Acrea ge designated for each lan d 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

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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: I f 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.

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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 S pecial Tax shall be levied P roportionately 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: I f 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;

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 purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator.

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

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

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APPENDIX A

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

AMENDED COST ESTIMATE

Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1.

TAX ZONE 29
TR 17329

Item Description Estimated Cost
1 Landscaping $7,618
2 Lighting $1,741
3 Reserves $1,292
4 Admin $1,250
Total $11,901

Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019 -1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.

TAX ZONE 29
FY 2023-24 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Single-Family Residential RU $595 $0
Multi-Family Residential RU $595 $0
Non-Residential Property Acre $571 $0

TAX ZONE 29
FY 2023-24 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $571 $0

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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 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC

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ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 20 20 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.

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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 petrol eum 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 i mprovements 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. 201 9-1; 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, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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EXHIBIT D

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Exhibit E

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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 28)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on December 6, 2023 adopted its Resolution No. 2023-___ , in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") , and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government
Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday , January 17, 2024 at the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1 . At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the January 17, 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M.

Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to
the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of
the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.

DATED: ____________, 2024 _________________________________________ C
ity Clerk of the City of San Bernardino
PUB: _______________, 2024

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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 28
(January 17, 2024)
This ballot is for the use of the authoriz ed 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
Verdemont Ranch 20, LLC 24.83 25
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:

Ma
il
Delivery:

Per
sonal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than January 3, 2024, 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.

If in person, deliver to the City Clerk at any time up to 7:00 p.m. on January 17, 2024, 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 January 17, 2024.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

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TO
CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

Verdemont Ranch 20, LLC
Attn: Felizardo Robles Jr.
434 N. 2nd Ave.

Upland, CA 91786
0348-111
-51

CITY OF SAN BERNARDINO

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
December 6, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 28 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 spec ial taxes
collected?
YES _________
N
O _________
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__.

Feli
zardo Robles Jr.

Manager
Signature
Print Name
Title

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EXHIBIT H

WALL DETAIL

PERMANANT SLOPE EASEMENT EXHIBIT
1-31-2023
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REVISIONS
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CONSTRUCTION EASEMENT

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CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 28

PROJECT MAP

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1 6
8 9

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary Lanier, Interim Director of Community Development and Housing
Department: Community Development and Housing
Subject: Professional Services Agreement with Michael Baker International for Grant Administration Services in the
amount of $243,919.

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

1. Authorize the City Manager, or designee, to execute a Professional Services Agreement commencing December 6, 2023, and ending December 6, 2025, with Michael Baker International, in the amount of $243,919.00 for Grant Administration consultant services; and

2. Authorize the Director of Finance and Management Services to issue a purchase order to Michael Baker International in the amount of $243,919.00.

Executive Summary
A professional service agreement is proposed with Michael Baker International (MBI) to provide grant management services for a two-year term, commencing December 6, 2023, through December 6, 2025, in the amount of $243,919.00. The agreement is being recommended to provide the Housing Division with staff assistance and training in the administration of various Department of Housing and Urban Development (HUD) grant programs. The Housing Division is currently in an expansion mode and is bringing on new staff who will need specific training on HUD programs and requirements. MBI has the experience and resources to assist staff in management aspects and to provide training to existing and new staff over the next two years. There is no impact on the General Fund, as the cost of the services will be paid through grant programs administrative funds.

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1 6
8 9
Background
The City of San Bernardino (City) is an entitlement jurisdiction and annually receives Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), HOME-American Rescue Program (HOME-ARP), Emergency Solutions Grant (ESG), and other Federal funds from HUD and the California Department of Housing and Community Development (HCD). The funds are made available to provide decent housing, suitable living environments, and expanded economic opportunities, principally for low- and moderate-income people. The Housing Division is required to comply with a variety of Federal grant requirements to continue to receive these funds.

Due to limited staff resources and to ensure compliance with various HUD regulatory requirements, staff determined that consulting services were needed to assist with the management of the HUD programs and to provide essential training. The City released a Request for Proposals (RFP) for consulting firms and received two proposals. Proposals were received from Michael Baker International (MBI) and Wildan. A review and evaluation of both proposals were completed, and Michael Baker International was selected. The Professional Services Agreement for a two-year term beginning December 6, 2023, through December 6, 2025, between MBI and the City is included in Attachment

1. Discussion
As noted, the Housing Division is in a rebuilding mode and must rely on consultants who have expertise in HUD programs and grants management. The purpose of soliciting proposals is to bring an experienced firm that can not only provide the critical programmatic guidance and knowledge needed to administer the grant-funded program but one that is also able to provide essential training to City staff.

The City released an RFP (F-23-58) on July 13, 2023, with bids due on August 8, 2023.

The Purchasing department received proposals from two consulting firms, MBI and Wildan. Evaluations of both firms' proposals were completed by staff and included the firms’ experience, ability, and timeliness to provide services, as well as cost. The evaluation of the firm is included in Attachment 2 and the price comparison is provided in Attachment 3.

Through the evaluation process, staff determined that MBI is the firm that possesses the extensive experience and expertise with HUD funded programs and the complex programmatic requirements to meet these needs of the Division. MBI is also the lowest in terms of costs that can be covered within the existing administrative budget. MBI has extensive experience assisting municipalities with multiple grant-funded programs, such as CDBG, HOME-ARP, and ESG, with the implementation of policies and procedures, grant management, and reporting achievements of grant-funded programs to City constituents and HUD.

MBI has provided grant management assistance to the City through the preparation of the Annual Action Plan and providing technical assistance for the HUD programs. The

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1 6
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original agreement was executed on June 20, 2022, with the first amendment, dated March 4, 2023, and a second amendment (minor correction to the first amendment) dated May 20, 2023. The agreements terminated on September 30, 2023.

This agreement will not have a financial impact on the General fund as grant administration funds will be used.
2021-2025 Strategic Targets and Goals
The proposed Consultant Services Agreement meets Mayor and City Council Strategic Target No. 1: Improved Operational and Financial Capacity. Retaining MBI’s consulting services will allow for continued effective management and reporting of grants received by the City.

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

2. Authorize the Director of Finance and Management Services to issue a purchase order to Michael Baker International in the amount of $243,919.00.

Attachments
Attachment 1 Professional Services Agreement with Michael Baker International Attachment 2 Evaluation of Firms for RFP F-23-58
Attachment 3 Price Comp for RFP F-23-58

FINANCIAL
DATA
Current Fiscal Year: Next Fiscal Year: Total Cost (not to exceed):

Ongoing Cost:

COST $ 118,985 $ 124,934 $ 243,919 $ 0

GENERAL

FUND SHARE
$ 0 $ 0 $ 0 $ 0
SOURCE OF FUNDS:

CDBG Grant Funds Account 119-180-
2002-5502
Budget Adjustment:

No
For Fiscal Year: 23/24

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Ward:

All Wards

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND MICHAEL BAKER INTERNATIONAL, INC.

This Agreement is made and entered into as of December 6, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Michael Baker International, Inc. , a Pennsylvania Corporation, with its principal place of business at 500 Grant Street, Suite 5400, Pittsburg, PA 15219 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
City is a public agency of the State of California and requires professional services to provide grant administrative services.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

2. S ervices. Consultant shall provide the City with the services described in the Scope of Services attached hereto and incorporated herein as Exhibit “A.”

3. P rofessional Practices . All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. C
ompensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $243,919.00 This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.

City shall pay Consultant’s invoice within fort y-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed

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2 pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. A
djustments. No retroactive price adjustments will be considered.

Additionally, no price increases will be permitted during the first year of this Agreement , unless agreed to by City and Consultant in writing.

6. T erm . This Agreement shall commence on the Effective Date and continue for two (2) years until December 6, 2025, unless the Agreement is previously terminated as provided for herein (“Term”).

7. M aintenance of Records ; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City..

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within the Term.

9. D
elays in Performance .
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics,

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3 epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work

12. C
onflicts of Interest . During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. Cit
y Business Certificate . Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. A
ssignment and Subconsultant . Consultant shall not assign, sublet, or

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4 transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and su bconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant . Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. I
nsurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. A
dditional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:

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5 (1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents , and City -designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured

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6 against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2 ,000,000 per occur rence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage

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7 Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

Cyber Liability $1,000,000 per occurrence and
aggregate

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to the execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such poli cy due to non -payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A)

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8 if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waiver s and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.

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9 (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. I
ndemnification .
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims” ) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City . Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the p erformance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements . Consultant is aware of the requirements of California Labor Code Sections 1720 et seq . and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the S ervices are being performed as part of an applicable “public works” or “maintenance” project, as

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10 defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same.

20. Law
s and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

21. T
ermination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.

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11 b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees . In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. R
esponsibility for Errors . Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

24. P
rohibited Employment . Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Co sts . Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. D
ocuments . Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. O
rganization. Consultant shall assign Damien Delany as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Li
mitation of Agreement . This Agreement is limited to and includes only the work included in the Project described above.

29. No tice . Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

CONSULTANT:

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12 City of San Bernardino
Housing Division, 201 North E Street
San Bernardino, CA 92401
Attn: Cassandra Searcy

With Copy To:

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

Michael Baker International, Inc.
3760 Kilroy Airport Way, Suite 270
Long Beach, CA 90806
Attn: Damien Delany

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

31. E qual Opportunity Employment . Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. E
ntire Agreement . This Agreement, including Exhibit “A ,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereun der. Each Party acknowledges that no representations, inducements, promises , or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

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

34. S
uccessors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

35. No
n -Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and

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13 signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

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

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

39. C ity’s Right to Employ Other Consultants . City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

40. P rohibited Interests . Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

43. E
lectronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

44. D
isciplinary Actions in Phases for Non- Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:

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14 (i) Informal Warning (Written or Verbal). Consultant is given a warning in regard to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
( ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.

This time period
(
iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(i v) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement.

[SIGNATURES ON FOLLOWING PAGE]

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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND MICHAEL BAKER INTERNATIONAL

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles A. Montoya
City Manager

ATTESTED BY:

Genoveva Rocha, CMC
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

Michael Baker International, Inc.

Signature

Name

Title

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16 EXHIBIT A
Scope of Work

1. Reporting
a. Consultant shall provide guidance, training, and/or prepare all reports and notices as required by the U.S. Department of Housing and Urban Development and State of California, including but not limited to, Annual Action Plans, and Consolidated Annual Performance and Evaluation Reports (CAPER), Citizen Participation Plan, Contractor/Subcontractor activity reports and public notices.

b. Consultant shall provide guidance, training, and/or prepare all HUD-required reports, notices, and documents necessary to process any City approved amendments to the Consolidated Plan and/or Annual Action Plan.

2. Environmental

a. Consultant shall provide guidance, training, and/or prepare Environmental Assessments (EA) or Environmental Impact Statements (EIS).

3. Consultant shall provide guidance, training, and/or prepare documentation for environmental clearance as required for C ommunity Development Block G rant (CDBG), E mergency Solution G rant (ESG) , HOME Investment Partnership Program (HOME), and HOME-ARP projects, including support documents such as a completed checklist, technical studies, reference maps, letters from State Historic Preservation Officer (SHPO), and mailing receipts for categorical exemptions.

4. Monitoring

a. Consultant shall develop a monitoring plan and monitor all CDBG, HOME, HOME-ARP and ESG projects/programs for appropriate records maintenance, reporting and compliance with applicable program requirements.

b. Consultant shall provide Davis-Bacon Wage compliance and monitoring, and the Section 3 Compliance Report as needed for projects using CDBG, HOME, HOME-ARP and ESG funds.

c. Consultant shall review, establish, and transmit to the City for the City’s records retention the relevant administrative files.

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17 d. Consultant shall provide guidance, training, setup and input, and maintenance of all activities and narratives in the Integrated Disbursement Information System (IDIS).

e. Consultant shall provide guidance, training, and/or prepare the annual Notice of Funding Availability (NOFA) for CDBG, HOME, HOME -ARP and ESG funding.

f. Consultant shall work with City staff to review submitted funding proposals for completeness and eligibility; assist in the preparation of reports for the City Council concerning the allocation of funds for public service and capital expenditure activities.

g. Consultant shall provide training and technical assistance to all funded sub- recipient for CDBG, HOME, HOME-ARP and ESG program compliance.

h. Consultant shall monitor of Sub Grantees (Programmatic and Financial Monitoring).

i. Consultant shall strengthen and solidify the City’s CDBG policies and procedures.

j. Consultant shall coordinate preparation of sub-recipient contracts with City staff, who may coordinate with the City Attorney.

k. Consultant shall review sub-recipients’ invoices for accuracy and eligibility.

l. Consultant shall create and maintain files for CDBG, HOME, HOME-ARP and ESG funded projects/programs.

m. Consultant shall during HUD monitoring, assist the City in gathering and providing requested information to assure compliance with HUD and State requirements.

n. Consultant shall provide research and analysis as requested by City.

o. Consultant shall attend public meetings as needed.

p. Consultant shall provide any such other services as required to properly administer the City’s CDBG, HOME, HOME-ARP and ESG programs.

q. Consultant shall provide quarterly status reports on the status of work programs/projects assigned unless otherwise approved by the City.

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18 r. Consultant shall work between 30 to 40 hours per week or as required to accomplish the tasks set forth above.

5. Financial

a. Consultant shall review requests for quarterly reimbursement to ensure contract compliance; answer all questions regarding regulatory, program, financial compliance to federal laws; and strengthen the City’s existing CDBG policies and procedures, if necessary.

b. Consultant shall ensure proper completion and submission of all financial and performance reports required by the program (e.g., monthly, quarterly, annual, close- out, etc.).

c. Consultant shall review all invoices for compliance according to HUD regulations.

d. Consultant shall prepare all documents required by the CDBG Program for the City to receive the Authority to Use Grant Funds from the CDBG Program.

e. Consultant shall prepare all CDBG drawdown requests and will ensure that the City receives participating expenditure reimbursements as expeditiously as possible.

f. Consultant shall prepare monthly budget updates for City staff.

g. Consultant shall ensure that required documents are submitted in a timely manner.

6. Other Services/Expectations

a. Consultant shall act as the primary point of contact for the public and City staff for all CDBG program questions.

b. Consultant shall maintain regular communications with the City’s staff and HUD representative and attend check-in meetings as needed.

c. Consultant shall prepare staff reports and presentations for public meetings.

d. Consultant shall provide presentations and respond to program questions at all CDBG public meetings.

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19 e. Consultant shall prepare , for the City, all CDBG related ad vertisement language and the City will submit to the newspaper; City will cover cost of advertising.

f. Consultant firm will assign one primary point-of-contact to work with City staff.

This lead contact will oversee all CDBG program tasks and act as the primary communicator with the City.

g. Consultant shall respond to or acknowledge written and verbal inquiries from City staff or members of the public within 24 hours. This includes responses to regulatory, program compliance, and financial questions from City staff and subrecipients.

h. Consultant shall provide regular updates to the CDBG web page in coordination with City staff.

i. Consultant shall maintain a shared document for an on- going task list for program management that includes weekly status updates.

j. Consultant shall meet with City staff for a weekly status check-in as needed.

k. Consultant should proactively provide streamlining and process improvement suggestions for administering the CDBG program. (hereinafter referred to as “the Project”).

l. Consultant is duly licensed and has the necessary qualifications to provide such services.

m. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

Invoices presented to the City will contain an itemized description of the work performed and the date and amount for each charge. Charges will be itemized by task and identified as eligible under general grant administration according to HUD Guidelines. Consultant shall invoice the City monthly.

The estimated not-to-exceed fees are shown below:

Year 1 Year 2 Total
$ 118,985.00 $ 124,934.00 $ 243,919.00

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RFP F-23-58 Grant Administrative Services Evaluation Matrix Weight
Factors
Criteria: E-TP E-MAG E-CT Total E-TP E-MAG E-CT Total
6 6 8 7 42 6 9 7 44
Part 1

1. Brief General Statement of intent to perform services

2. Did they confirm that all elements of the RFP have been reviewed and understood.

3. Brief Summary of Company's qualifications
6 8 7 21 6 9 8 23
Part 2

1. Contact's person information, address, telephone number

2. Identity of type of organization

3. Supplemental information that is pertinent to the selection process.

4.Demonstrated an understanding of the Services presented

5. Does it describe the general approach, organization and staffing required for the services required
7 8 6 21 7 8 8 23
Part 3

1. Company's willingness to enter into a contract under the T&C's prescribed in RFP and Proposed
Agreement

2. Were any exceptions or deviations submitted for Technical or Contractual specifications

3. Were proposed alternative approaches to meeting the City's technical/contractual requirements
thoroughly explained
6 8 7 21 6 8 6 20
Part 4

1.Did the Respondent submit the proposal based on the format noted in RFP

2.Did Respondent submit a response in the box or an attachment?

3.Did an authorized representative sign the response box? 6 8 6 20 6 8 6 20
Part 5

1. A litigation, mediation, or arbitration, regarding the performance of any services similar to the
services the company has been involved with in the past (5) years.

2. Were any claims or disciplinary action taken against the Company or any of the Company's key
personnel within the past five (5) years.

3. Has the company filed for bankruptcy under any business name over the past five (5) years
6 8 6 20 6 9 6 21
Experience and Technical Competence
- Did the vendor's Description of how their experience, technical and professional skills will meet the goals, fulfill the general functions identified in this RFP? - Did the vendor provide the number of years their firm has conducted business? Does Proposer have at least 4 year's experience in providing the required scope of services for public clients?
- Is the vendor have local experience and knowledge of City. 7 8 8 23 8 9 8 25
Project Specific Experience
- Role of the Firm
- Description of Services
- Staffing
- Duration of providing services
- Relationship to Client
- Contact name, position, entity name, telephone number, fax number and email address for each project.
6 8 7 21 6 9 8 23
Overall Cost to the City (Grant Administrative Services Evaluation Matrix) 40 4 4 4 16 10 10 10 40
Clarification/Exceptions/Deviations
Pass/Fail
Pass Pass Pass Pass Pass Pass Pass Pass
Finanical Status
Pass/Fail
Pass Pass Pass Pass Pass Pass Pass Pass
Credential/ Resumes/ Licenses/ Certifications Yes/No Yes Yes Yes Yes Yes Yes Yes Yes GRAND TOTALS 100 58 84
Evaluation Scores for "Cost"
Michael Baker International 243,919.00$
Willdan Engineering 337,331.00$
Lowest Cost get full 40 weighted cost for Michael Baker 40 Lowest Cost Divided by the 2nd lowest cost is how cost is scored 1 Take 0.1 x the weighted cost of 40 and then you get the score for Willdan Engineering 0.1 x 40 = 16 4 40 Points Awarded for Costs
16 Michael Baker International
Total Group Score:

How Weighted Scores for Cost are Calculated
Willdan Engineering
Total Group Score:

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City of San Bernardino
Bid Results for Project Grant Administration Services (RFP F-23-58) Issued on 07/13/2023
Bid Due on August 08, 2023 3:00 PM (PDT)
Exported on 08/31/2023
Line Totals (Unit Price * Quantity)
Item Num Section Item Code Description
Executive Summary Yes Yes
Table of Content Yes Yes
Identification of Proposer Yes Yes
Staffing Resources Yes Yes
Fiscal Stability Yes Yes
Experience and Technical Competence Yes Yes
Proposed Method to Accomplish the Work Yes Yes
Fee Proposal Yes Yes
Certificate of Insurance Yes
Does not meet limitations, they only
ave 1M/2M
Yes
Litigation Yes No litigations No litigations
Other Information Yes Yes
Certificate of Proposal Yes Yes
Exceptions/Deviations None None
Other Information Yes Yes
References Yes Yes
Lowest Bidder for one-year is Michael Baker International @ $118,985.00 Unit Price Line Total Response Comment Line Total Response Comment 1 Section 1 Lump Sum for Grant Administration Services $337,331.00 No Willdan proposes a fee of
$337,331 for a one-year
agreement period, to provide
services for administration of

CDBG, HOME, ESG, HOME-ARP
funded activities.
$243,919.00 Yes
Year-1 cost estimate is $118,985. Year-2 cost
estimate is $124,934. The not-to-exceed
program cost is $348,058.00.

Willdan Engineering - Anaheim, CA Michael Baker International - Long Beach, CA

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Suzie H. Soren, Director of Human Resources
Department: Human Resources
Subject: City Manager’s Office Staffing and Side Letter Agreement with the Executive Bargaining Group (All
Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution No. 2023-179 of the Mayor and City Council of the City of San Bernardino, California:

1. Adding two (2) Deputy City Manager (U) positions to the City Manager’s Office;

2. Authorizing the City Manager to execute a side letter agreement with the Executive Employees to include the Deputy City Manager (U) classification; and

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

Executive Summary
To assist the City Manager with the management of City department operations and internal services, two (2) Deputy City Manager (U) positions are recommended. It is also recommended the current Executive Compensation and Benefits Plan be updated to include the Deputy City Manager classification.

The Deputy City Managers will report directly to the City Manager.

Background
As the City continues its efforts to meet its goals of improving service delivery and

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functioning more effectively, it is recommended to add two (2) Deputy City Manager (U) positions to the City Manager’s Office. These two positions will perform highly responsible and complex professional administrative work while assisting the City Manager in the development and control of the operational goals and objectives for assigned City departments.

Discussion
The Deputy City Manager (U) is part of the City’s Executive Team and is considered to be an administrative generalist assigned specific activities within the broad range of City administrative operations or responsibility for specific departments. This classification is distinguished from the Assistant City Manager by the latter’s responsibility to assist the City Manager in the overall management of all City operations.

The incumbents will be placed at salary range 700, $15,785.57-$19,186.84/month, and will assist in program planning and coordination of departmental activities as they relate to the delivery of services and quality of life for residents. One Deputy City Manager (U) will be assigned to the operational service departments of Public Works, Parks, Recreation & Community Services, and Community Development and Housing. The second Deputy City Manager (U) will be assigned to the internal service departments of Human Resources, Information Technology, Finance. Although not an internal service department, this Deputy City Manager will also be assigned Animal Services.

As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
2021-2025 Strategic Targets and Goals
Adding the two (2) Deputy City Manager (U) positions to the City Manager’s Office and executing a side letter agreement with the Executive Employees to add the Deputy City Manager (U) classification aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery and function more efficiently
Fiscal Impact
There is enough cost savings in the City’s budget to offset the funding of these positions.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution No. 2023-179 of the Mayor and City Council of the City of San Bernardino, California:

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1. Adding two (2) Deputy City Manager (U) positions to the City Manager’s Office;

2. Authorizing the City Manager to execute a side letter agreement with the Executive Employees to include the Deputy City Manager (U) classification; and

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

Attachments
Attachment 1 – Resolution 2023-179
Attachment 2 – Resolution 2023-179 Exhibit A – City-wide Salary Schedule Attachment 3 – Side Letter Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

November 1, 2023, the Mayor and City Council adopted Resolution No. 2023-170 amending the City-wide salary schedule for full time, part-time, temporary, and seasonal positions. On March 16, 2022, the Mayor and City Council adopted Resolution No. 2022-59, approving a compensation and benefits plan for the Executive Employees.

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Resolution No. 2023-179
Resolution 2023-179
December 6, 2023

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RESOLUTION NO. 2023-179

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, 1.

ADDING TWO (2) DEPUTY CITY MANAGER (U)
POSITIONS TO THE CITY MANAGER’S OFFICE; 2.

AUTHORIZING THE CITY MANAGER TO EXECUTE A

SIDE LETTER AGREEMENT WITH THE EXECUTIVE

EMPLOYEES TO INCLUDE THE DEPUTY CITY
MANAGER (U) CLASSIFICATION; AND 3. AMENDING

THE CITY-WIDE SALARY SCHEDULE FOR FULL-TIME,

PART-TIME, TEMPORARY, AND SEASONAL POSITIONS
WHEREAS, as the City continues its efforts to meet its goals of improving service delivery and functioning more effectively, it is recommended to add two (2) Deputy City Manager (U) positions to the City Manager’s Office; and
WHEREAS, these two positions will perform highly responsible and complex professional administrative work while assisting the City Manager in the development and control of the operational goals and objectives for assigned City departments; and WHEREAS, the salary schedule includes all adopted and approved classifications and salaries; and
WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.

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

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

SECTION 2. The two (2) Deputy City Manager (U) positions, salary range 700 $15,785.57-$19,186.84/month, are added to the City Manager’s Office.

SECTION 2.The City-wide salary schedule for all City of San Bernardino’s classifications attached hereto and incorporated herein as Exhibit “A”, are hereby approved.

SECTION 2. The City Manager is authorized to execute a side letter agreement with the Executive Employees to include the Deputy City Manager (U) classification, attached hereto and incorporated herein as Exhibit “B”.

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Resolution No. 2023-179
Resolution 2023-179
December 6, 2023

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of December 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2023-179
Resolution 2023-179
December 6, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-179, adopted at a regular meeting held on the 6 th day of December 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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ADOPTED 12/6/23
EFFECTIVE 12/7/23

EXHIBIT A
City of San Bernardino
Salary Schedule
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30011
30012
10012
20013
10860
30017
30018
30030
30709
10081
10092
10093
10534
20457
10979
30140
30141
30092
20320
30130
20319
30119
00300
20620
30400
30894
10492
30271
50141
10644
30312
30168
10216
10104
10105
10106
10107
20169
00194
10060
10062
20250

ACCOUNTANT I (FLEX)

ACCOUNTANT II
ACCOUNTANT II ‐ PAYROLL

ACCOUNTANT III

ACCOUNTING DIVISION MANAGER (U)

ACCOUNTING TECHNICIAN I (FLEX)

ACCOUNTING TECHNICIAN II

ACCOUNTING TECHNICIAN III

ADMINISTRATIVE ASSISTANT

ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)

ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)

ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)

ADMINISTRATIVE CLAIMS SPECIALIST

ADMINISTRATIVE SERVICES SUPERVISOR

ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)

ANIMAL CONTROL OFFICER I (FLEX)

ANIMAL CONTROL OFFICER II

ANIMAL LICENSE INSPECTOR

ANIMAL SERVICES MANAGER

ANIMAL SERVICES REPRESENTATIVE

ANIMAL SERVICES SUPERVISOR

ANIMAL SHELTER ATTENDANT

APPRENTICE (PT)
465
485
485
520
608
399
419
437
400
464
410
430
420
484
535
411
424
370
526
370
478
370
381
468
452
500
583
430
P6
705
365
486
580
430
480
530
580
515
493
608
581
542
$5,001.98
$5,527.33
$5,401.95
$6,575.74
$9,976.33
$3,599.92
$3,976.75
$4,350.27
$3,617.65
$4,864.68
$3,716.48
$4,106.44
$3,906.04
$5,494.91
$6,931.44
$3,821.59
$4,077.61
$3,114.46
$6,775.07
$3,114.46
$5,333.23
$3,114.46
$2,969.00
$5,073.00
$4,688.31
$5,956.26
$8,806.47
$4,201.75
$23,765.30
$16,184.19
$3,037.98
$5,555.04
$8,676.49
$4,106.44
$5,268.72
$6,761.38
$8,676.49
$6,414.06
$5,190.00
$9,976.33
$8,719.81
$7,338.73
$6,080.40
$6,718.81
$6,566.40
$7,993.21
$12,126.50
$4,374.65
$4,833.51
$5,287.93
$4,396.82
$5,913.23
$4,516.97
$4,990.33
$4,747.69
$6,678.72
$8,425.18
$4,645.09
$4,956.53
$3,786.12
$8,235.73
$3,786.12
$6,482.71
$3,786.12
$3,608.00
$6,167.11
$5,699.13
$7,239.73
$10,704.25
$5,106.16
$23,765.30
$19,669.95
$3,693.02
$6,752.06
$10,546.10
$4,990.33
$6,403.92
$8,218.29
$10,546.10
$7,796.09
$6,308.00
$12,126.50
$10,598.09
$8,920.10

MONTHLY

GENERAL

CONFIDENTIAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

CONFIDENTIAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL
NA

AQUATICS SUPERVISOR

ARBORIST

ASSESSMENT DISTRICT/REAL PROP SPECIALIST

ASSISTANT BUILDING OFFICIAL

ASSISTANT BUYER

MIDDLE MANAGEMENT

GENERAL

MANAGEMENT

GENERAL

ASSISTANT CHIEF OF POLICE POLICE MANAGEMENT

EXECUTIVEASSISTANT CITY MANAGER (U)

ASSISTANT LITERACY PROGRAM COORDINATOR

ASSISTANT PLANNER (FLEX)

ASSISTANT TO THE CITY MANAGER (U)

ASSISTANT TO THE MAYOR I (U)

ASSISTANT TO THE MAYOR II (U)

ASSISTANT TO THE MAYOR III (U)

ASSISTANT TO THE MAYOR IV (U)

ASSOCIATE PLANNER

GENERAL

MANAGEMENT

MIDDLE MANAGEMENT
NA

MANAGEMENT

MIDDLE MANAGEMENT

BACKGROUND INVESTIGATOR (PT)

BUDGET DIVISION MANAGER (U)

BUDGET OFFICER

BUILDING INSPECTION SUPERVISOR
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8

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ADOPTED 12/6/23
EFFECTIVE 12/7/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30072
30073
30074
10500
30502
20263
30650
30651
20271
10870
30292
10398
50280
10399
00601
10370
10495
10273
30450
30455
10135
30135
30890
30120
10100
30754
20923
30821
20925
20504
30758
20781
30990
20424
10072
30604
30603
00605
20600
30602
00054
20616
30621
30222
30226
30227

BUILDING INSPECTOR I (FLEX)

BUILDING INSPECTOR II

BUILDING INSPECTOR III

BUILDING OFFICIAL (U)

BUSINESS REGISTRATION INSPECTOR

BUSINESS REGISTRATION MANAGER

BUSINESS REGISTRATION REPRESENTATIVE I

BUSINESS REGISTRATION REPRESENTATIVE II
BUYER

CAPITAL IMPROVEMENT PROJECT MANAGER

CEMETERY CARETAKER

CHIEF DEPUTY CITY CLERK (U)

CHIEF OF POLICE

CITY CLERK (U)

CITY COUNCIL

CITY MANAGER (U)

CIVIL ENGINEERING DIVISION MANAGER (U)

CODE ENFORCEMENT DIVISION MANAGER (U)

CODE ENFORCEMENT OFFICER I (FLEX)

CODE ENFORCEMENT OFFICER II

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT

COMMUNITY DEVELOPMENT TECHNICIAN

COMMUNITY INTERVENTION PROGRAM COORDINATOR

COMMUNITY INTERVENTION PROGRAM MANAGER (U)

COMMUNITY POLICING SPECIALIST

COMMUNITY RECREATION MANAGER

COMMUNITY RECREATION PROGRAM COORDINATOR

COMMUNITY RECREATION PROGRAM SUPERVISOR

COMMUNITY SERVICES CENTER SUPERVISOR

COMMUNITY SERVICES OFFICER

COMMUNITY SERVICES OFFICER SUPERVISOR

COMMUNITY SERVICES PROGRAM COORDINATOR

CONSTRUCTION MANAGER

COUNCIL ADMINISTRATIVE SUPERVISOR (U)

CRIME ANALYSIS SUPPORT ASSISTANT

CRIME ANALYST
460
487
511
613
459
530
419
429
460
591
395
565
NA
$4,878.95
$5,582.75
$6,292.09
$10,228.72
$4,854.57
$6,912.39
$3,976.75
$4,180.69
$4,874.77
$9,165.01
$3,527.87
$8,050.39
$28,565.57
$10,590.00
$3,125.00
$23,750.00
$10,591.59
$7,970.23
$4,437.83
$5,180.42
$5,321.79
$3,996.70
$4,549.77
$4,372.43
$9,586.38
$5,128.33
$7,869.18
$3,407.06
$5,605.65
$4,827.15
$4,138.57
$5,386.39
$4,372.43
$9,093.96
$5,998.80
$3,617.65
$5,752.33
$2,700.00
$5,662.13
$5,752.33
$2,687.00
$5,306.66
$3,083.43
$3,373.81
$3,545.61
$3,545.61
$5,930.77
$6,785.31
$7,648.71
$12,431.96
$5,900.85
$8,401.84
$4,833.51
$5,080.67
$5,925.69
$11,140.78
$4,288.20
$9,785.69
$28,565.57
$12,873.00
$3,125.00
$23,750.00
$12,873.91
$9,688.20
$5,394.33
$6,296.53
$6,468.91
$4,857.89
$5,530.66
$5,314.53
$11,652.05
$6,234.46
$9,564.61
$4,141.90
$6,813.83
$5,867.00
$5,030.79
$6,546.94
$5,314.53
$11,052.95
$7,291.06
$4,396.82
$6,991.46
$3,282.00
$6,882.49
$6,991.46
$3,266.00
$6,449.49
$3,748.43
$4,100.89
$4,310.37
$4,310.37

MONTHLY

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

MANAGEMENT

EXECUTIVE
636
NA
NA
NA
NA

MANAGEMENT

GENERAL

CONFIDENTIAL

GENERAL
620
563
441
472
482
420
446
438
600
470
556
388
488
458
427
480
438
585
506
400
493
362
490
493
361
477
368
386
396
396

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

CONFIDENTIAL

GENERAL

GENERAL
NA

MIDDLE MANAGEMENT

GENERAL

CRIME DATA TECHNICIAN (PT)

CRIME FREE PROGRAM COORDINATOR

CRIMINAL INVESTIGATION OFFICER

CUSTODIAL AIDE (PT)

CUSTODIAL SUPERVISOR

CUSTODIAN

CUSTOMER SERVICE REPRESENTATIVE

CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)

CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)
NA

MIDDLE MANAGEMENT

GENERAL

GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8

Packet Page.
551

ADOPTED 12/6/23
EFFECTIVE 12/7/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30224
30100
10650
10654
10372
10675
10066
10720
10610
10638
10830
10732
10803
10802
10400
40466
10685
09526
09520
09527
09710
09665
10625
10731
09753
20200
10140
10125
10127
10120
30831
30841
10367
30432
30434
30436
20441
10180
30445
10200
30420
20444
20024
20025
30921
30902

CUSTOMER SERVICE REPRESENTATIVE (U)

DATA ANALYST

DEPUTY CITY CLERK I (U)

DEPUTY CITY CLERK II (U)

DEPUTY CITY MANAGER (U)
386
444
490
530
700
619
629
629
629
629
629
629
678
662
575
P2
630
662
692
662
692
660
660
662
692
560
590
600
560
500
445
465
565
450
475
511
532
590
446
532
464
560
551
523
431
450
$3,373.81
$4,505.44
$5,538.44
$6,761.38
$15,785.57
$10,538.52
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$14,144.51
$13,060.22
$8,462.01
$8,746.90
$11,133.20
$13,060.22
$15,168.14
$13,060.22
$15,168.14
$12,930.24
$12,930.24
$13,060.22
$15,168.14
$8,027.54
$9,119.52
$9,586.38
$7,852.17
$5,821.15
$4,527.60
$5,001.98
$8,050.39
$4,641.76
$5,258.00
$6,292.09
$6,981.04
$9,119.52
$4,549.77
$6,828.53
$4,977.59
$8,027.54
$7,675.38
$6,675.40
$4,221.70
$4,641.76
$4,100.89
$5,476.35
$6,732.13
$8,218.29
$19,186.84
$12,810.00
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$17,192.66
$15,874.39
$10,286.13
$11,471.16
$13,532.50
$15,874.39
$18,436.18
$15,874.39
$18,436.18
$15,716.25
$15,716.25
$15,874.39
$18,436.18
$9,757.29
$11,085.54
$11,652.05
$9,544.13
$7,075.51
$5,502.95
$6,080.40
$9,785.69
$5,642.60
$6,391.85
$7,648.71
$8,486.00
$11,085.54
$5,530.66
$8,300.61
$6,050.47
$9,757.29
$9,329.84
$8,113.91
$5,131.65
$5,642.60

MONTHLY

GENERAL

CONFIDENTIAL

MANAGEMENT

EXECUTIVE

MANAGEMENT

POLICE SAFETY

EXECUTIVE

DEPUTY DIRECTOR OF ANIMAL SERVICES (U)

DEPUTY DIRECTOR OF FINANCE (U)

DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)

DEPUTY DIRECTOR OF HUMAN RESOURCES (U)

DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)

DEPUTY DIRECTOR OF OPERATIONS (U)

DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)

DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)

DEPUTY DIRECTOR/CITY PLANNER (U)

DEPUTY LIBRARY DIRECTOR (U)

DETECTIVE/CORPORAL

DIRECTOR OF ANIMAL SERVICES (U)

DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING (U)

DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)

DIRECTOR OF ECONOMIC DEVELOPMENT

DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)

DIRECTOR OF HUMAN RESOURCES (U)

DIRECTOR OF INFORMATION TECHNOLOGY (U)

DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)

DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U)

DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST

DIVERSITY, EQUITY & INCLUSION OFFICER (U)

ECONOMIC DEVELOPMENT DIVISION MANAGER (U)

ECONOMIC DEVELOPMENT PROJECT MANAGER

ECONOMIC DEVELOPMENT SPECIALIST

ELECTRICIAN I (FLEX)

ELECTRICIAN II

EMERGENCY OPERATIONS MANAGER

ENGINEERING ASSISTANT I (FLEX)

ENGINEERING ASSISTANT II

ENGINEERING ASSISTANT III

ENGINEERING ASSOCIATE

ENGINEERING PROJECT MANAGER

ENGINEERING TECHNICIAN

MIDDLE MANAGEMENT

MANAGEMENT

CONFIDENTIAL

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER

ENVIRONMENTAL PROGRAMS COORDINATOR

ENVIRONMENTAL PROJECT MANAGER

EQUIPMENT MAINTENANCE MANAGER

EQUIPMENT MAINTENANCE SUPERVISOR

EQUIPMENT MECHANIC I (FLEX)

EQUIPMENT MECHANIC II GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8

Packet Page.
552

ADOPTED 12/6/23
EFFECTIVE 12/7/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30943
30707
10707
10982
10978
10976
10951
00083
10939
30623
20092
10512
30506
30944
00259
20060
30165
30166
20160
20490
10624
10623
10730
10778
30133
30136
20100
30098
30516
10700
10121
10129
10657
10683
10684
10682
10672
10673
30207
30101
10627
10626
10637
10631
10388
30638

EQUIPMENT SERVICE WORKER

EXECUTIVE ASSISTANT

EXECUTIVE ASSISTANT (U)
408
430
430
464
502
502
550
361
591
420
515
532
398
438
361
478
448
478
543
542
580
483
601
506
476
390
506
392
452
556
500
601
518
500
518
476
590
490
418
460
498
520
599
530
430
447
$3,765.06
$4,201.75
$4,106.44
$4,864.68
$5,879.65
$5,879.65
$7,469.79
$2,687.00
$9,165.01
$3,996.70
$6,414.06
$6,828.53
$3,581.07
$4,372.43
$2,687.00
$5,333.23
$4,596.32
$5,337.81
$7,375.28
$7,338.73
$8,676.49
$5,347.79
$9,634.04
$5,998.80
$5,284.61
$3,441.42
$6,132.78
$3,475.78
$4,688.31
$7,697.27
$5,821.15
$9,634.04
$6,368.17
$5,821.15
$6,368.17
$5,164.73
$9,119.52
$5,538.44
$3,956.80
$4,878.95
$5,763.74
$6,432.08
$9,538.72
$6,761.38
$4,106.44
$4,573.05
$4,576.37
$5,106.16
$4,990.33
$5,913.23
$7,147.00
$7,147.00
$9,080.52
$3,266.00
$11,140.78
$4,857.89
$7,796.09
$8,300.61
$4,353.59
$5,314.53
$3,266.00
$6,482.71
$5,586.08
$6,488.27
$8,964.40
$8,920.10
$10,546.10
$6,500.32
$11,710.55
$7,291.06
$6,423.99
$4,182.91
$7,453.90
$4,225.02
$5,699.13
$9,355.66
$7,075.51
$11,710.55
$7,740.59
$7,075.51
$7,740.59
$6,278.27
$11,085.54
$6,732.13
$4,810.23
$5,930.77
$7,006.18
$7,818.59
$11,593.56
$8,218.29
$4,990.33
$5,558.37

MONTHLY

GENERAL

CONFIDENTIAL

MANAGEMENT
NA

EXECUTIVE ASSISTANT TO DIRECTOR (U)

EXECUTIVE ASSISTANT TO MAYOR (U)

EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)

EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)

EXTRA RELIEF HEAVY LABORER (PT)

FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)

FACILITIES MAINTENANCE MECHANIC

FACILITIES MAINTENANCE SUPERVISOR

FINANCIAL ANALYST

FLEET PARTS STOREKEEPER

FLEET PARTS TECHNICIAN

FOOD SERVICE PROGRAM SPECIALIST (PT)

FOOD SERVICE SUPERVISOR

FORENSICS SPECIALIST I (FLEX)

FORENSICS SPECIALIST II

FORENSICS SUPERVISOR

FORESTRY SUPERVISOR

GIS ADMINISTRATOR

GIS ANALYST

GRANT DIVISION MANAGER (U)

GRANT WRITER

GRANTS ANALYST

GRANTS ASSISTANT

GRANTS MANAGER (U)

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

GENERAL
NA

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

CONFIDENTIAL

MANAGEMENT

CONFIDENTIAL

GENERAL

MIDDLE MANAGEMENT

GENERALGROUNDWORKER ARBORIST

HAZMAT TECHNICIAN GENERAL

HOMELESS SERVICES COORDINATOR

HOUSING COMPLIANCE SPECIALIST

HOUSING DIVISION MANAGER (U)

HUMAN RESOURCES ANALYST

HUMAN RESOURCES ANALYST I

HUMAN RESOURCES ANALYST II

HUMAN RESOURCES ANALYST TRAINEE

HUMAN RESOURCES DIVISION MANAGER (U)

HUMAN RESOURCES GENERALIST

HUMAN RESOURCES TECHNICIAN

HVAC MECHANIC

INFORMATION TECHNOLOGY ANALYST I (FLEX)

INFORMATION TECHNOLOGY ANALYST II

INFORMATION TECHNOLOGY MANAGER

INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR

INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)

LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)

MANAGEMENT

CONFIDENTIAL

MANAGEMENT

CONFIDENTIAL

GENERAL

CONFIDENTIAL

MANAGEMENT

CONFIDENTIAL

GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8

Packet Page.
553

ADOPTED 12/6/23
EFFECTIVE 12/7/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30639
00308
30113
30080
30463
30311
30932
20170
30490
30593
10319
10233
30335
30366
30341
20388
10401
20385
30380
00361
20387
30391
30392
00133
30215
20484
30486
30487
30488
10530
10531
10532
10533
10516
30515
00502
10503
10190
10528
30425
30426
20555
10122
10868
30178
20178

LANDSCAPE & IRRIGATION INSPECTOR II

LAW ENFORCEMENT TRAINEE

LEAD ANIMAL CONTROL OFFICER

LEAD BUILDING INSPECTOR

LEAD CODE ENFORCEMENT OFFICER

LEAD CUSTODIAN

LEAD EQUIPMENT MECHANIC

LEAD FORENSICS SPECIALIST

LEAD MAINTENANCE WORKER

LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER

LEGAL ADMINISTRATIVE ASSISTANT (U)

LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U)

LIBRARIAN I (FLEX)
467
NA
$5,052.96
$34.77
$6,141.36
$34.77

MONTHLY
HOURLY

GENERAL
NA

GENERAL

GENERAL
437
526
498
397
470
516
452
471
497
593
450
479
370
460
635
492
422
361
450
380
402
370
470
522
393
415
425
476
476
506
506
476
461
NA
$4,350.27
$6,780.88
$5,897.52
$3,563.34
$5,128.33
$6,446.17
$4,688.31
$5,154.93
$5,734.50
$9,257.08
$4,641.76
$5,364.41
$3,114.46
$4,874.77
$11,414.83
$5,718.61
$4,036.60
$2,687.00
$4,637.79
$3,274.06
$3,653.12
$2,810.00
$5,128.33
$6,642.18
$3,493.51
$3,898.06
$4,097.56
$5,164.73
$5,164.73
$5,998.80
$5,998.80
$5,164.73
$4,903.33
$4,166.67
$8,676.49
$7,891.16
$8,090.47
$4,903.33
$5,527.33
$6,741.85
$6,368.17
$9,165.01
$3,563.34
$5,386.39
$5,287.93
$8,242.79
$7,168.80
$4,331.43
$6,234.46
$7,834.85
$5,699.13
$6,265.49
$6,970.44
$11,252.35
$5,642.60
$6,520.41
$3,786.12
$5,925.69
$13,873.71
$6,951.14
$4,906.66
$3,266.00
$5,637.77
$3,980.08
$4,441.15
$3,416.00
$6,234.46
$8,072.94
$4,246.08
$4,738.19
$4,980.92
$6,278.27
$6,278.27
$7,291.06
$7,291.06
$6,278.27
$5,960.70
$4,166.67
$10,546.10
$9,591.80
$9,834.43
$5,960.70
$6,718.81
$8,194.75
$7,740.59
$11,140.78
$4,331.43
$6,546.94

MONTHLY

GENERAL

MIDDLE MANAGEMENT

GENERAL

CONFIDENTIAL

MANAGEMENT

GENERAL

LIBRARIAN II

LIBRARY ASSISTANT

LIBRARY CIRCULATION SUPERVISOR

LIBRARY DIRECTOR (U)

LIBRARY NETWORK ADMINISTRATOR

LIBRARY NETWORK TECHNICIAN

LIBRARY PAGE (PT)

LIBRARY PROGRAM COORDINATOR

LIBRARY TECHNICIAN I (FLEX)

LIBRARY TECHNICIAN II

MIDDLE MANAGEMENT

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL
NA

MIDDLE MANAGEMENT

GENERAL

GENERAL
NA

GENERAL

LIFEGUARD (PT)

LITERACY PROGRAM COORDINATOR

MAINTENANCE SUPERVISOR

MAINTENANCE WORKER I (FLEX)

MAINTENANCE WORKER II

MIDDLE MANAGEMENT

GENERAL

GENERALMAINTENANCE WORKER III

MANAGEMENT ANALYST I (FLEX)

MANAGEMENT ANALYST I (FLEX)(U)

MANAGEMENT ANALYST II

MANAGEMENT ANALYST II (U)

MARKETING & MEDIA SPECIALIST

MARKETING & PUBLIC RELATIONS SPECIALIST
MAYOR

MAYOR'S CHIEF OF STAFF (U)

NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)

NETWORK SYSTEMS ADMINISTRATOR

NPDES INSPECTOR I (FLEX)

NPDES INSPECTOR II

NPDES MANAGER

OMBUDSPERSON

OPERATIONS & MAINTENANCE DIVISION MANAGER (U)

PARK RANGER

MANAGEMENT

CONFIDENTIAL

GENERAL
NA
580
561
566
461
485
525
518
591
397
480

MANAGEMENT

CONFIDENTIAL

GENERAL

MIDDLE MANAGEMENT

CONFIDENTIAL

MANAGEMENT

GENERAL

PARK RANGER SUPERVISOR MIDDLE MANAGEMENT
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8

Packet Page.
554

ADOPTED 12/6/23
EFFECTIVE 12/7/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30581
20603
30611
30622
10064
10068
20400
30691
10713
30680
30682
30481
00192
00520
50283
20775
20772
32767
32768
30848
50402
40751
30218
20765
30219
30220
40332
30585
00331
00333
20019
10182
10243
20864
00360
10132
10639
20949
30947
30948
10212
30580
30583
30584
10900
10863

PARKING ENFORCEMENT OFFICER

PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR

PARKS MAINTENANCE WORKER I (FLEX)

PARKS MAINTENANCE WORKER II

PAYROLL SUPERVISOR

PAYROLL TECHNICIAN

PERMIT SERVICES SUPERVISOR

PLANNING AIDE

PLANNING DIVISION MANAGER (U)

PLANS EXAMINER I (FLEX)

PLANS EXAMINER II

PLUMBER

POLICE CADET (PT)

POLICE CALL TAKER (PT)

POLICE CAPTAIN

POLICE DISPATCH MANAGER

POLICE DISPATCH SUPERVISOR

POLICE DISPATCHER I (FLEX)

POLICE DISPATCHER II

POLICE FLEET MAINTENANCE EXPEDITOR

POLICE LIEUTENANT
380
534
390
421
521
430
494
456
594
499
534
450
NA
$3,274.06
$7,050.81
$3,441.42
$4,016.65
$6,464.58
$4,106.44
$5,776.19
$4,782.52
$9,303.66
$5,927.45
$7,056.85
$4,641.76
$15.50
$3,980.08
$8,571.27
$4,182.91
$4,882.27
$7,857.58
$4,990.33
$7,020.91
$5,813.29
$11,308.68
$7,204.26
$8,578.62
$5,642.60
$17.00

MONTHLY

MONTHLY
HOURLY

GENERAL

MIDDLE MANAGEMENT

GENERAL

MANAGEMENT

CONFIDENTIAL

MIDDLE MANAGEMENT

GENERAL

MANAGEMENT

GENERAL

GENERAL
NA
396
P5
$19.85 $24.14 HOURLY NA
$19,412.09
$6,843.73
$5,892.47
$4,146.40
$4,839.53
$3,581.07
$16,494.29
$7,532.62
$4,806.91
$4,973.33
$3,098.94
$3,441.42
$9,898.35
$4,016.65
$3,624.00
$4,044.00
$7,636.62
$9,586.38
$8,676.49
$6,575.74
$3,264.00
$7,469.79
$7,469.79
$5,776.19
$3,821.59
$5,180.42
$9,257.08
$5,284.61
$5,927.45
$6,883.95
$6,119.03
$9,491.06
$19,412.09
$8,318.78
$7,162.66
$5,040.29
$5,882.58
$4,353.59
$16,494.29
$10,059.74
$5,843.21
$6,045.29
$3,767.28
$4,182.91
$12,962.73
$4,882.27
$4,405.00
$4,916.00
$9,283.33
$11,652.05
$10,546.10
$7,993.21
$3,967.00
$9,080.52
$9,080.52
$7,020.91
$4,645.09
$6,296.53
$11,252.35
$6,423.99
$7,204.26
$8,366.92
$7,438.38
$11,536.15

MONTHLY

POLICE MANAGEMENT

MIDDLE MANAGEMENT

POLICE DISPATCHER

GENERAL

POLICE MANAGEMENT

POLICE SAFETY

GENERAL
528
498
425
456
398
P4
POLICE OFFICER P1

POLICE PERSONNEL AND TRAINING TECHNICIAN

POLICE RECORDS SUPERVISOR

POLICE RECORDS TECHNICIAN I (FLEX)

POLICE RECORDS TECHNICIAN II

POLICE SERGEANT

POOL MAINTENANCE COORDINATOR

POOL MANAGER I (PT)

POOL MANAGER II (PT)
457
464
369
390
P3

MIDDLE MANAGEMENT

GENERAL

POLICE SAFETY
GENERAL421
421
443
550
600
580
520
400
550
550
494
411
472
593
476
499
529
510
598
NA
NA

PRINCIPAL ACCOUNTANT

PRINCIPAL CIVIL ENGINEER

PRINCIPAL PLANNER

MIDDLE MANAGEMENT

MANAGEMENT

MIDDLE MANAGEMENT
NA

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL

PROCUREMENT CONTRACT SPECIALIST

PROGRAMMING/TRAFFIC ASSISTANT

PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)

PROJECT MANAGER/COMMUNITY SERVICES

PROPERTY AND EVIDENCE SUPERVISOR

PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)

PROPERTY AND EVIDENCE TECHNICIAN II

PUBLIC INFORMATION OFFICER (U)

PUBLIC WORKS INSPECTOR I (FLEX)

PUBLIC WORKS INSPECTOR II

PUBLIC WORKS INSPECTOR III

PUBLIC WORKS SAFETY AND TRAINING OFFICER

PURCHASING DIVISION MANAGER (U)

GENERAL

MANAGEMENT

GENERAL

MANAGEMENT

MANAGEMENT
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8

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ADOPTED 12/6/23
EFFECTIVE 12/7/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30770
10440
10259
00222
00244
00230
00256
30825
30115
10690
10538
00266
00265
30708
30229
30410
10154
30228
30230
30232
10222
10632
10656
10622
10385
00283
10513
10514
10529
30710
10223
20243
00294
10300
30978
20995
00019
10689
20336
10443
20437
20438
20370
30447
30448
30449

RANGEMASTER

REAL PROPERTY MANAGER

RECORDS MANAGEMENT SPECIALIST (U)

RECREATION AIDE (PT)

RECREATION LEADER (PT)

RECREATION SPECIALIST (PT)

RECREATION SUPERVISOR (AQUATICS) (PT)

RECREATION THERAPIST

REGISTERED VETERINARY TECHNICIAN

RISK DIVISION MANAGER (U)

SAFETY OFFICER

SECURITY OFFICER I (PT)

SECURITY OFFICER II (PT)

SENIOR ADMINISTRATIVE ASSISTANT

SENIOR ANIMAL SERVICES REPRESENTATIVE

SENIOR ARBORIST
465
580
460
361
368
393
481
468
450
590
530
371
395
420
390
502
581
435
445
445
435
530
461
553
488
396
556
556
592
375
375
549
375
644
450
490
361
559
502
573
532
552
533
450
484
513
$5,001.98
$8,676.49
$4,768.28
$2,687.00
$2,782.00
$3,152.00
$4,888.00
$5,077.34
$4,641.76
$9,119.52
$6,761.38
$2,824.00
$3,183.00
$3,996.70
$3,441.42
$6,016.12
$8,719.81
$4,307.04
$4,527.60
$4,527.60
$4,209.34
$6,761.38
$4,792.11
$7,582.45
$5,483.19
$3,199.00
$7,697.27
$7,697.27
$9,211.59
$3,193.15
$3,120.72
$7,598.97
$2,881.00
$11,938.02
$4,641.76
$5,662.13
$2,687.00
$7,813.17
$6,010.96
$8,378.60
$6,981.04
$7,714.14
$7,016.48
$4,641.76
$5,499.62
$6,355.27
$6,080.40
$10,546.10
$5,796.24
$3,266.00
$3,382.00
$3,831.00
$5,942.00
$6,172.39
$5,642.60
$11,085.54
$8,218.29
$3,433.00
$3,869.00
$4,857.89
$4,182.91
$7,312.88
$10,598.09
$5,235.84
$5,502.95
$5,502.95
$5,117.07
$8,218.29
$5,825.49
$9,217.01
$6,664.97
$3,889.00
$9,355.66
$9,355.66
$11,196.02
$3,881.44
$3,793.39
$9,236.82
$3,502.00
$14,511.72
$5,642.60
$6,882.49
$3,266.00
$9,496.47
$7,306.62
$10,184.31
$8,486.00
$9,376.35
$8,528.08
$5,642.60
$6,684.45
$7,725.19

MONTHLY

GENERAL

MANAGEMENT

CONFIDENTIAL
NA
NA
NA
NA

GENERAL

MANAGEMENT

CONFIDENTIAL
NA
NA

GENERAL

MANAGEMENT

GENERAL

SENIOR CIVIL ENGINEER

SENIOR CUSTOMER SERVICE REPRESENTATIVE

SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)

SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)

SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)

SENIOR GIS ANALYST

SENIOR HUMAN RESOURCES TECHNICIAN

SENIOR INFORMATION TECHNOLOGY ANALYST

SENIOR INFORMATION TECHNOLOGY TECHNICIAN

SENIOR LIFEGUARD (PT)

SENIOR MANAGEMENT ANALYST

SENIOR MANAGEMENT ANALYST (U)

SENIOR NETWORK SYSTEMS ADMINISTRATOR

SENIOR OFFICE ASSISTANT

SENIOR OFFICE ASSISTANT (U)

SENIOR PLANNER

SENIOR RECREATION LEADER (PT)

SHELTER VETERINARIAN

SOLID WASTE FIELD INSPECTOR

STATION MANAGER

STUDENT INTERN (PT)

SUPERVISING HUMAN RESOURCES ANALYST

TECHNOLOGY LIBRARIAN

GENERAL

CONFIDENTIAL

CONFIDENTIAL
NA

MANAGEMENT

CONFIDENTIAL

GENERAL

CONFIDENTIAL

MIDDLE MANAGEMENT
NA

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT
NA

CONFIDENTIAL

MIDDLE MANAGEMENT

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL

TRAFFIC ENGINEER

TRAFFIC ENGINEERING ASSOCIATE

TRAFFIC OPERATIONS AND SYSTEMS ANALYST

TRAFFIC SIGNAL AND LIGHTING SUPERVISOR

TRAFFIC SIGNAL TECHNICIAN I (FLEX)

TRAFFIC SIGNAL TECHNICIAN II

TRAFFIC SIGNAL TECHNICIAN III

GENERAL

GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8

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ADOPTED 12/6/23
EFFECTIVE 12/7/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30667
10740
20666
30125
30620

TREASURY ASSISTANT

TREASURY MANAGER

TREASURY SUPERVISOR

VETERINARY ASSISTANT

VOLUNTEER COORDINATOR
399
598
502
400
358
$3,599.92
$9,491.06
$6,010.96
$3,617.65
$2,933.80
$4,374.65
$11,536.15
$7,306.62
$4,414.22
$3,565.56

MONTHLY

GENERAL

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL

GENERAL
GENERAL30000 WEED ABATEMENT COORDINATOR 462 $4,927.72 $5,990.62 MONTHLY (U) DENOTES UNCLASSIFIED
* Part‐time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2023/2024 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local REVISION ADOPTED BY MCC 6/19/17
REVISION ADOPTED BY MCC 6/20/18
REVISION ADOPTED BY MCC 06/19/19
REVISION ADOPTED BY MCC 8/21/19
REVISION ADOPTED BY MCC 1/15/20
REVISION ADOPTED BY MCC 6/24/20
REVISION ADOPTED BY MCC 9/2/20
REVISION ADOPTED BY MCC 12/16/20
REVISION ADOPTED BY MCC 2/17/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 6/16/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 8/4/21
REVISION ADOPTED BY MCC 9/15/21
REVISION ADOPTED BY MCC 10/20/21
REVISION ADOPTED BY MCC 11/3/21
REVISION ADOPTED BY MCC 2/2/22
REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
REVISION ADOPTED BY MCC 5/18/22
REVISION ADOPTED BY MCC 6/15/22
REVISION ADOPTED BY MCC 7/20/22
REVISION ADOPTED BY MCC 8/17/22
REVISION ADOPTED BY MCC 9/21/22
REVISION ADOPTED BY MCC 10/19/22
REVISION ADOPTED BY MCC 11/2/22
REVISION ADOPTED BY MCC 11/16/22
REVISION ADOPTED BY MCC 12/7/22
REVISION ADOPTED BY MCC 1/18/23
REVISION ADOPTED BY MCC 6/21/23
REVISION ADOPTED BY MCC 8/16/23
REVISION ADOPTED BY MCC 10/4/23
REVISION ADOPTED BY MCC 10/18/23
REVISION ADOPTED BY MCC 11/1/23
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8

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CITY OF SAN BERNARDINO POLICE DEPARTMENT
First 6
Months
Service
Following
18 Months
Service
Third
Year
Service
Fourth
Year
Service
Fifth & Sub-
sequent Yrs
Service
JOB
TITLE
Monthly Pay Rates Effective July 1, 2023:

Police Officer
P-1
$7,532.62 $8,164.13 $8,796.73 $9,428.23 $10,059.74
Detective/Corporal $8,746.90
P-2
$9,428.23 $10,109.56 $10,789.83 $11,471.16
$11,430.00 $12,196.91 $12,962.73Sergeant
P-3
$9,898.35 $10,664.17
Lieutenant
P-4
--
--
--
--
--
--
--
--
--
--
--
--
$16,494.29
$19,412.09
$23,765.30
Captain
P-5
Assistant Chief
P-6

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EXHIBIT B

SIDE LETTER TO THE EMPLOYEE COMPENSATION AND BENEFITS PLAN (RESOLUTION NO. 2022-59) BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND EXECUTIVE EMPLOYEES (“EXECUTIVES”)
The City and the Executives hereby agree to a modification of the terms and conditions set forth in the Employee Compensation and Benefits Plan (2022-2025) between the City and the Executives (hereinafter referred to as “the Plan”) as follows:

1. Section 4 of the Plan shall be revised to read as follows:

4. Classifications
The following classifications are recognized as at-will unclassified (U) Executives:
•Assistant City Manager (U)
•Chief of Police (U)
•Deputy City Manager (U)
•Director of Animal Services (U)
•Director of Community & Economic Development (U)
•Director of Finance (U)
•Director of Human Resources (U)
•Director of Information Technology (U)
•Director of Parks, Recreation, and Community Services (U) •Director of Public Works (U)

2. This Side Letter Agreement shall become effective immediately following City Council approval.

3. All other terms and conditions of the Plan shall remain the same. ___________________________________
Charles A. Montoya, City Manager
City of San Bernardino
Date: ____________________________

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Ed Erjavek, Library Director
Department: Library
Subject: Acceptance of the California State Library Building Forward Library Facilities Improvement Program
Grant Award for the Norman F. Feldheym Central
Library Revitalization Project (Ward 1)
Recommendation:

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

1. Adopt Resolution No. 2023-180 of the Mayor and City Council of the City of San Bernardino, California, approving the acceptance of grant funds; and

2. Authorize the City Manager, or designee, to execute a grant agreement and any subsequent amendments with the California State Library in the amount of $6,409,370 for the Norman F. Feldheym Central Library Revitalization Project funded through the State of California Budget Act of 2022 (AB178) or the State of California Budget Act of 2023 (SB 101); and

3. Authorize the Director of Finance & Management Services to amend the Fiscal Year 2023 - 2027 Capital Improvement Program to add the Norman F.

Feldheym Central Library Revitalization Project; and

4. Authorize the Director of Finance & Management Services to amend and appropriate $6,409,370 in both revenues and expenditures to the Fiscal Year 2023 – 2024 Operating Budget for the Normal F. Feldheym Central Library Revitalization Project.

Executive Summary
Staff requests the Mayor and City Council to adopt Resolution No. 2023-180, accepting grant funds in the amount of $6,409,370 from the California State Library, and authorizing the City Manager, or designee, to execute a grant agreement and any subsequent amendments, for the Norman F. Feldheym Central Library Packet Page. 560
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Revitalization Project. Built in 1985, Feldheym has not undergone any significant maintenance, renovations, or modernization efforts since its original construction.

This funding will allow the City to address critical maintenance needs and modernization to improve energy efficiency, expand digital access to the computer network, and update the facility’s pathways for ADA accessibility. This grant does not require any match funds and the project has no fiscal impact on the City’s General Fund.

Background
The Building Forward Library Facilities Improvement Program is the largest single investment made by the State of California in public libraries. The equity-based grant program helps pay for capital projects for public library buildings that address critical maintenance needs, improve energy efficiency and sustainability, expand digital access, and expand physical access to library facilities. In two separate rounds of funding in 2022 and 2023, the State Library has awarded over $487 million in grants to 278 local libraries for facility infrastructure needs. The libraries receiving funds are located in 201 cities across 39 counties throughout the state. In October 2023, California State Librarian, Greg Lucas, announced the second round of awards for the Building Forward Library Facilities Infrastructure Grant program. In this round, more than $172 million will be awarded to 34 local libraries to address critical maintenance needs, improve energy efficiency and sustainability, and expand digital and physical access in 29 cities across 18 counties.

On May 18, 2023, the City submitted a proposal for the Building Forward Library Facilities Improvement Grant Program and received notice on October 12, 2023, from the California State Library of their intent to award a grant, pending satisfactory completion of the conditions outlined in their notice. Along with the submitted application, the City requested a waiver of the local match fund requirement. The State Library reviewed and approved the request for a 100% reduction in the required local match contribution for this project.

Discussion
The goals of the California State Library’s Building Forward Library Facilities Improvement Program are to provide funding for local libraries to address life-safety issues, address critical maintenance needs, promote energy efficiency and sustainability, and expand digital and physical access. Staff developed and submitted a grant proposal for the Normal F. Feldheym Branch of the San Bernardino Public Library, recognizing Feldheym as a vital resource for the surrounding community, especially for residents who face significant economic and linguistic barriers.

Feldheym Central Library is in desperate need of critical maintenance and updates to address facility deficiencies that include leaking single-pane windows, electrical wiring repairs, and a cracked concrete foundation. Additionally, the existing HVAC and air filtration system does not efficiently cool and heat the 64,000-square-foot facility, while the inefficient lighting systems contribute to producing additional heat and high energy consumption.

City staff from Public Works, Grants Division, and Library conducted a preliminary

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walk-through of the facility to assess and identify areas in need of repair and improvement, including a review of the building's HVAC, electrical systems, lighting, windows, and security system. Staff also consulted with an architectural and engineering professional to evaluate the building's current state and identify additional areas of need. The assessments concluded that the facility requires significant critical maintenance and modernization to improve energy efficiency, expand digital access to the computer network, and the facility’s path of travel to be ADA accessible. Staff used this information to develop the plan for renovations and upgrades, outlining the scope of work required to address the facility's deficiencies adequately. This plan guided the development of the proposed project to implement these critical updates and improve access to resources for the surrounding community.

The award is intended to fund the following project outputs and related activities listed in the application’s budget:

1. Americans with Disabilities Act (ADA) Accessibility Upgrades

2. Window and Emergency Door Upgrades

3. Back-up Power Generator

4. Heating, Ventilation and Air Conditioning (HVAC) and Air Filtration Modernization

5. Electrical Upgrades

6. Security System Upgrade

7. Interior Water Damage Repair

8. Foundation Repair
On May 18, 2023, the City submitted a proposal for the Building Forward Library Facilities Improvement Grant Program and received notice on October 12, 2023, from the California State Library of its intention to award a grant, contingent upon the successful completion and submission of the following items:

1. Final Project Budget;

2. Final Project Implementation Plan;

3. A resolution from the appropriate grantee organization's governing body approving acceptance of grant funds and designating an Authorized Representative who is allowed to enter into agreements on behalf of the organization;

4. Verification of updated contact information (submitted through the online grant portal);

5. A letter from the grantee organization's Chief Financial Officer, Finance Director, or equivalent confirming ( l) the immediate availability of matching funds and detailing the sources of matching funds (required for all grantees required to contribute local matching funds) and/or (2) the immediate availability of any additional funds outside of the grant and match which will be required to complete the project [required for all grantees with projects costs greater than the grant and match amounts or with projects which are a single component of a larger project (e.g., construction of a new library building or major renovation);

6. If applicable: Current lease(s), including any related ground/land leases, with

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terms extending at least ten years after the end of the grant period. This is required for all projects involving leased properties; and

7. If applicable: Certification form and report confirming compliance with Executive Order N-6-22 (required for all projects with awards of $5 million or more).

Acceptance of the award and approval of this resolution will satisfy one of the funding requisites by the January 18, 2024 deadline to generate the final grant agreement documents.
2021-2025 Strategic Targets and Goals
This project aligns with Strategic Target and Goal No. 3: Improved Quality of Life with improvements at Norman F. Feldheym Central Library for City residents.

Fiscal Impact
There is no fiscal impact to the General Fund for this project. The FY 2023/24 budget will be amended to recognize $6,409,370 in grant funding in both revenue and expenditures.

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

1. Adopt Resolution No. 2023-180 of the Mayor and City Council of the City of San Bernardino, California, approving the acceptance of grant funds; and

3. Authorize the Director of Finance & Management Services to amend the Fiscal Year 2023 - 2027 Capital Improvement Program to add the Norman F.

Feldheym Central Library Revitalization Project; and

Attachments
Attachment 1 - Notice of Intent to Award Letter
Attachment 2 - Resolution No. 2023-180
Ward:

Ward 1
Synopsis of Previous Council Actions:

None.

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Resolution No. 2023-180
Resolution No. 2023-180
December 6, 2023

Page 1 of 4 ends

RESOLUTION NO. 2023-180

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING THE

GRANT APPLICATION, ACCEPTANCE, AND EXECUTION
OF THE GRANT FUNDS OF $6,409,370 FOR THE NORMAN
F. FELDHEYM CENTRAL LIBRARY REVITALIZATION

PROJECT FROM THE STATE OF CALIFORNIA BUDGET
ACT OF 2022 (AB 178) OR THE STATE OF CALIFORNIA
BUDGET ACT OF 2023 (SB 101).

WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and
WHEREAS, the City of San Bernardino will enter into an agreement with the State of California to carry out the project; and
WHEREAS, the City of San Bernardino proposes to implement the Norman F. Feldheym Central Library Revitalization Project; and WHEREAS, the Mayor and City Council of the City of San Bernardino, has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the Mayor and City Council of the City of San Bernardino intends to receive grant funding from the California State Library for the Norman F.

Feldheym Central Library Revitalization Project.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF

THE CITY SAN BERNARDINO WITH ACKNOWLEDGEMENT OF THE
CITY OF SAN BERNARDINO PUBLIC LIBRARY, AS FOLLOWS:

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

SECTION 2. That pursuant and subject to all of the terms and provisions of the California Budget Act of 2022 or the California Budget Act of 2023 the Mayor

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Resolution No. 2023-180
Resolution No. 2023-180
December 6, 2023

Page 2 of 4 ends

and City
Council of the City of San Bernardino hereby authorize and direct the City Manager, Charles A. Montoya, or designee, to prepare and file required documents related to grant funding with the California State Library, and take such other actions necessary or appropriate to obtain grant funding.

SECTION 3. The Mayor and City Council of the City of San Bernardino hereby authorize and direct the City Manager, Charles A. Montoya, or designee, to execute the funding agreement with the California State Library and any amendments thereto.

SECTION 4. The Mayor and City Council of the City of San Bernardino hereby authorize and direct the City Manager, Charles A. Montoya, or designee, to submit any required documents, funding requests, and reports required to obtain grant funding.

SECTION 5. The Mayor and City Council of the City of San Bernardino 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. The Mayor and City Council certifies that the project will comply with any laws and regulations including, but not limited to, the (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained.

SECTION 6. Authorize the Director of Finance & Management Services to amend the Fiscal Year 2023 - 2027 Capital Improvement Program to add the Norman F. Feldheym Central Library Revitalization Project SECTION 7. Authorize the Director of Finance & Management Services to amend and appropriate $6,409,370 in both revenues and expenditures to the Fiscal Year 2023 – 2024 Operating Budget for the Normal F. Feldheym Central Library Revitalization Project.

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

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

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Resolution No. 2023-180
Resolution No. 2023-180
December 6, 2023

Page 3 of 4 ends

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of December 2023.

Helen Tran, Mayor City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2023-
Resolution No. 2023-180
December 6, 2023

Page 4 of 4 ends

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. 2023-, adopted at a regular meeting held on the 6 th day of December 2023 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 6th day of December 2023.

Genoveva Rocha, CMC, City Clerk

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks & Recreation & Community Services
Subject: Amendment No. 3 to the Professional Services
Agreement with the PM Group, DBA the Printery, in
the amount of $75,000 for the design, print, and mail
preparation of City of San Bernardino Parks,
Recreation and Community Services trimester
brochure for FY2023-2024
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolution No. 2023-181 to:

1. Authorize the City Manager to execute Amendment No. 3 the Professional Services Agreement with the Printery for the design, print, and mail preparation of the City of San Bernardino Parks, Recreation and Community Services Department (PRCSD) trimester brochure for FY2023-2024.

2. Authorize the Director of Finance & Management Services to issue a purchase order not to exceed the amount of $75,000.

Executive Summary
The City of San Bernardino entered a professional services agreement with the PM Group, DBA the Printery, for the design, print, and mail preparation of the Parks, Recreation and Community Services brochure in FY2021/22 with the option to extend the contract up to four (4) additional one (1) year periods. This will be the third extension with an amount not to exceed $75,000 for FY 2023/24.

Background
The Parks, Recreation, and Community Services Department (PRCSD) provides a Packet Page. 571
diversified system of open spaces, meeting centers, programs, and community services to meet social and leisure needs and enhance the quality of life for all city residents. The PRCSD brochure plays a critical role in communicating the department mission to the community and is mailed directly to approximately 17,000 residences; additional copies are printed and available at all City of San Bernardino Community Centers, Libraries, the Call Center and at Recreation information booths at various community and special events throughout the year.

The brochure of activities provides information and highlights the quality programming offered through the department divisions: Aquatics, Sports, Center for Individual Development, Special Events, Community Centers, Senior Services including Retired Senior Volunteer Program and Senior Companion Program, and Outdoor facilities including picnic areas, community gardens, outdoor sports courts, special play courts, exercise equipment, and sports fields.

Discussion
Prior to printing our trimester brochure and increasing our social media presence residents were mostly unaware of all the services the PRCSD provided. Once printing, the city saw an increase of attendance and participation in daily programs at the community centers and parks, as well as special events. The brochure serves as a guide for ongoing and seasonal activities, programs, and events; this equates to more service participation and higher revenues through user fee collection.

Staff recommends the City execute a one-year extension to the PSA for the design, print and mail of City of San Bernardino PRCSD trimester brochure for FY2023-2024.

The City reserves the right to extend the contract up to four (4) additional one (1) year periods. The total amount not to exceed is 110% of the annual contract amount of $75,000. Due to national paper shortage, staff have found that the cost of printing has increased. The FY 2023-2024 PSA with the Printery will be for no more than $75,000, with an effective date of November 10, 2023.
2021-2025 Strategic Targets and Goals
Adoption of this resolution aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by providing access to information through the PRCSD brochure, which will boost program participation and community engagement; and Goal No. 3: Improved Quality of Life by serving as a tool to enhance customer service and a primary promotional source for essential PRCSD services and facilities to the community.

Fiscal Impact
The Fiscal Year 2023-2024 adopted budget currently has $105,000 budgeted for the design, print, and mail of the City of San Bernardino PRCSD trimester brochure.

Conclusion

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It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolution No. 2023-181 to:

2. Authorize the Director of Finance & Management Services to issue a purchase order not to exceed the amount of $75,000.

Attachments
Attachment 1 – Resolution 2023-181 Printery PSA Brochure Attachment 2 – Amendment No 3 - Extension
Ward:

ALL WARDS
Synopsis of Previous Council Actions:

October 21, 2021 Mayor and City Council of the City of San Bernardino, CA adopted Resolution 2021-253 approving the PSA between the City and the PM Group in the amount of 67,635 for the print and design of the PRCSD trimester brochure.

October 20, 2022 Mayor and City Council of the City of San Bernardino, CA approved Amendment 1 to the PSA between the City and the PM Group, increasing the compensation to $97,635 to cover Spanish translation services and extending the contract to August 31, 2022.

December 7, 2022 Mayor and City Council of the City of San Bernardino, CA approved Amendment 2 to the PSA between the City and the PM Group, increasing the compensation to $181,135 to cover Spanish translation services and extending the contract to August 31, 2023

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Resolution No. 2023-181
Resolution 2023-181
December 6, 2023

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RESOLUTION NO. 2023-181

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA, TO

AUTHORIZE THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH THE PM GROUP, DBA

THE PRINTERY FOR THE DESIGN, PRINT, AND MAIL

PREPARATION OF THE CITY OF SAN BERNARDINO

PARKS, RECREATION AND COMMUNITY SERVICES

DEPARTMENT (PRCSD) TRIMESTER BROCHURE FOR
FY 2023-2024AND AUTHORIZE THE DIRECTOR OF

FINANCE TO ISSUE A PURCHASE ORDER NOT TO
EXCEED THER AMOUNT OF $75,000.

WHEREAS, the Parks, Recreation, and Community Services Department (PRCSD) provides a diversified system of open spaces, meeting centers, programs and community services to meet social and leisure needs and enhance the quality of life for all city residents; and WHEREAS, the PRCSD wishes to promote city-wide facilities, programs, and services through a direct mail brochure to the community at large; and WHEREAS, the City reserves the right to extend the term agreement up to four (4) one (1) year periods in the amount not to exceed 110%; and
WHEREAS, the City has extended the agreement term in for FY 2021-2022 and FY 2022- 2023; and
WHEREAS, the City wishes to extend the agreement term for FY 2023-2024, for an amount not to exceed $75,000.

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

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

SECTION 2. The Mayor and City Council hereby authorize the City Manager or his designee, to execute Amendment No. 3 to the Professional Services Agreement (PSA) with The PM Group, DBA the Printery, in the amount of $75,000 for design, print, and mail preparation of the City of San Bernardino PRCSD trimester Brochure.

SECTION 3.The Mayor and City Council hereby authorize the Director of Finance to issue a purchase order in the amount of $75,000 to the PM Group, DBA the Printery, for this service.

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Resolution No. 2023-181
Resolution 2023-181
December 6, 2023

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

SECTION 5.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 6. 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 6th day of December 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2023-181
Resolution 2023-181
December 6, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-181, adopted at a regular meeting held on the 6 th day of December 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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55600.00100\33763078.1
AMENDMENT NO. 3 TO

AGREEMENT FOR DESIGN, PRINT AND MAIL PREPARATION OF CITY OF SAN

BERNARDINO PARKS RECREATION AND COMMUNITY SERVICES BROCHURE

OF ACTIVITES

WITH THE PM GROUP, DBA THE PRINTERY
This Amendment No. 3 to the Agreement for Design, Print, and Mail Preparation of the City of San Bernardino Parks, Recreation, and Community Services Brochure of Activities is made and entered into as of August 30, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and the PM Group DBA The Printery, a California Corporation (“Consultant”). City and Vendor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Vendor have entered into an agreement, dated October 20, 2021, for the purpose of providing the design, print and mail preparation of the City of San Bernardino Parks, Recreation, and Community Services brochure of activities (the “Master Agreement”) B. WHEREAS, the City and the Vendor have entered into an Amendment No. 1 to the Master Agreement, dated October 20,2021, for the purpose of amending the compensation from $67,635 to $97,635.

WHEREAS, the City and the Vendor have entered into an Amendment No. 2 to the Master Agreement, dated December 7,2022, for the purpose of amending the compensation from $97,635 to $181,135.

C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of one year, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 3 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Term. The term of the Master Agreement shall be extended for an additional term of one year through June 30,2024, unless earlier terminated.

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55600.00100\33763078.1

3. Compensation. The compensation for services performed pursuant to this Amendment No. 3 shall not Seventy-Five Thousand Dollars ($75,000), thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Two Hundred Thousand Fifty -Six Thousand and One hundred and thirty-five dollars ($256,135.00). Work shall be performed at the rates set forth in the Master Agreement.

4. Full Force. Except as amended by this Amendment No. 3, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 3.

5. Electronic Transmission. A manually signed copy of this Amendment No. 3 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 3 for all purposes. This Amendment No. 3 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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55600.00100\33763078.1

SIGNATURE PAGE FOR
AMENDMENT NO. 3 TO THE DESIGN, PRINT, AND MAIL PREPARATION OF THE

CITY OF SAN BERNARDINO PARKS, RECREATION, AND COMMUNITY SERVICES

BROCHURE OF ACTIVITES AGREEMENT WITH THE PM GROUP DBA THE

PRINTERY
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 3 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles McNeely
Interim City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
VENDOR
Signature
Name
Title

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks, Recreation, & Community Services
Subject: Approve Agreement with Los Angeles Dodger
Foundation for the Renovation of Blair Park Baseball
Fields - 5th Ward
Recommendation:

Adopt Resolution No. 2023-182 of the Mayor and City Council of the City of San Bernardino, California, to:

1. Approve the agreement with the Los Angeles Dodgers Foundation to build three Dodger Dreamfields at Blair Park.

2. Accept the donation of labor and construction costs for the development of the three Dodger Dreamfields valued at $1,718,844.

3. Authorize the City Manager to conduct all negotiations, signings, and submittal of necessary documents to receive the donation.

Executive Summary
The Los Angeles Dodgers Foundation and several partners have agreed to fund the development of three Dodgers Dreamfields at Blair Park. Through this partnership, the City will provide additional park upgrades at an estimated cost of $130,000. There is no impact to the General Fund as the cost for the upgrades has been identified in the current budget.

Background
The Los Angeles Dodgers Foundation (LADF) builds Dodgers Dreamfields to give families in neighborhoods across Southern California safe havens and points of pride.

The addition of revitalized baseball and softball fields contributes to existing green spaces, promotes physical activity, and increases opportunities for play in underserved communities. To date, LADF has spent over $18.7 million building 60 Dodgers

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Dreamfields and has plans to complete an additional 15 fields by 2033 to commemorate the 75th anniversary of the Dodgers’ move to Los Angeles.

In December 2022, the City’s Parks, Recreation, and Community Services Department submitted an application to the LADF to consider a City of San Bernardino park site with baseball fields for the Dodger Dream Field Program.

In completing the application, staff were asked to identify three locations that would meet the criteria of the project:

1. The site had to have numerous baseball/softball fields.

2. The site had to be used by local youth sports organizations and City programming.

3. The fields needed to be used for both baseball and softball, as well as City programming.

Staff worked with the Athletics team and the Park Operations team to identify the locations that would work to meet the criteria. Subsequently, Wildwood, Newmark, and Blair Parks were selected as possible sites. Staff provided LADF with demographic data of youth sports groups, as well as a maintenance plan that would be implemented should the City’s site be chosen by LADF. The maintenance plan would assure LAFD that there would be longevity in the use of these three fields for a variety of site users.

In January 2023, a site walk through of each park was completed with representatives from San Manuel Band of Mission Indians, the Parks, Recreation, and Community Services Department, the Public Works Department, and the lead designer for the Los Angeles Dodgers Dream Fields. Additional follow up meetings were completed to discuss irrigation, maintenance, and other needs.

Discussion
In March 2023, the City was notified that Blair Park, located at 1466 W. Marshall Blvd., had been selected as the next Dodger DreamFields site. LADF has committed to partnering with the City to build three (3) Dodgers Dreamfields at the park and will provide an overall rendering of the project to the City. Construction of the Dodgers Dreamfields at Blair Park will be led by LADF and its project manager, Jon Mosier of Landmark Sports.

This project will be fully funded through the LADF and its funding partners including lead partner San Manuel Band of Mission Indians and sponsors LA84 Foundations, the Helen and Will Webster Foundation and Security Benefit. In July, San Manuel Band of Mission Indians notified the City that it will be providing $1,296,000 towards this project and LADF will cover the balance. The three fields will represent the 61st, 62nd, and 63rd Dodger Dreamfields, contributing towards LADF’s pledge to build 75 Dodger Dreamfields by 2033 to commemorate the 75 th anniversary of the Dodgers move to Los Angeles. The total cost of the project is approximately $1.8 million.

The City is committed to providing additional enhancements to the park that will include

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a scheduled parking lot slurry seal and lining and renovations to the restroom and concession building, which will be completed prior to the grand opening day tentatively scheduled sometime in May 2024. The City’s cost to complete these enhancements is approximately $130,000. Funding for these enhancements has been identified in the current operations budget and the parking lot slurry is planned with the current asphalt contract and will follow regulations for prevailing wage work. 2021-2025 Strategic Targets and Goals
Strategic Target No. 2 – Focused, Aligned Leadership and Unified Community- by developing enhanced fields, youth groups and adult sports will begin to experience a higher level of play. Strategic Target No. 3.- Improved Quality of Life- by having fields that are designed with quality elements, the experience can develop stronger youth skill sets through sports and provide health and wellness benefits for all ages.

Fiscal Impact
Approval of this item will not impact the City’s General Fund as adequate appropriations have been identified in the current budget.

Conclusion
Adopt Resolution No. 2023-182 of the Mayor and City Council of the City of San Bernardino, California, to:

1. Approve the agreement with the Los Angeles Dodgers Foundation to build three Dodger Dreamfields at Blair Park.

2. Accept the donation of labor and construction costs for the development of the three Dodger Dreamfields valued at $1,718,844.

3. Authorize the City Manager to conduct all negotiations, signings, and submittal of necessary documents to receive the donation.

Attachments
Attachment 1-Resolution 2023-182 Accept LADF Donation of Dreamfields Attachment 2-Letter of Intent for Blair Park
Attachment 3-Agreement with LADF Blair Park Fields
Ward:

Fifth Ward
Synopsis of Previous Council Actions:

September 2023 The Mayor and City Council received and filed the Letter of Intent from the LA Dodger Foundation to complete three
fields at Blair Park.

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Resolution No. 2023-182
Resolution 2023-182
December 6, 2023

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RESOLUTION NO. 2023-182

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA, TO

APPROVE THE AGREEMENT WITH THE LOS ANGELES

DODGER FOUNDATION TO BUILD THREE DODGER

DREAMFIELDS AT BLAIR PARK, ACCEPT THE

DONATION OF LABOR AND CONSTRUCTION COSTS

FOR THE DEVELOPMENT OF THE THREE DODGER
DREAMFIELDS VALUED AT $1,718,844, AUTHORIZE THE

CITY MANAGER TO CONDUCT ALL NEGOTIATIONS,

SIGNINGS, AND SUBMITTAL OF NECESSARY
DOCUMENTS TO RECEIVE THE DONATION.

WHEREAS, the Los Angeles Dodger Foundation (LADF) build Dodger Dreamfields in underserved communities to give families across Southern California, safe havens and points of pride; and
WHEREAS, the Parks, Recreation and Community Services Director submitted an application for Dodger Dreamfield funding, identifying Blair park as a potential project site; and WHEREAS, City staff completed walk-throughs with LADF and the San Manuel Band of Mission Indians to discuss the needs of the field sites; and WHEREAS, in March 2023, City staff received notification from the LADF of the selection of three Blair Park ballfields as Dodger Dreamfield project sites; and WHEREAS, the City agreed to providing additional enhancements to the project site, estimated at $130,000, which is currently budgeted.

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. Mayor and City Council of the City of San Bernardino, California, approve the agreement with the Los Angeles Dodger Foundation, accepting the donation of labor and construction costs for the development of the three Dodger Dreamfields valued at $1,718,844.

SECTION 3. Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or his designee to conduct all negotiations, signings, and submittals of necessary documents to receive the donation of the three Dodger Dreamfields.

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Resolution No. 2023-182
Resolution 2023-182
December 6, 2023

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

SECTION 6. 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 6th day of December 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2023-182
Resolution 2023-182
December 6, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-182, adopted at a regular meeting held on the 6 th day of December 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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1000 VIN SCULLY AVENUE LOS ANGELES, CA 90012 323-224-4260 August 22, 2023

Lydie Gutfeld
Director of Parks, Recreation and Community Services
City of San Bernardino
201 N. E Street
San Bernardino, California 92401

Dear Ms. Gutfeld:

The Los Angeles Dodgers Foundation (LADF) is committed to partnering with the City of San Bernardino (City) to build three (3) Dodgers Dreamfields at Blair Park located at 1466 West Marshall Blvd, San Bernardino, CA 92405. The plan is to start construction in November 2023 with an expected unveiling event in May/June 2024. LADF will provide an overall rendering of the project to the City. San Manuel Band of Mission Indians, Security Benefit, LA84 Foundation and the Helen and Will Webster Foundation have also agreed to support the project with funding, and the balance will be covered by LADF. The City of San Bernardino will provide additional park upgrades that include restrooms, concession stands, and the parking lot.

Construction of the Dodgers Dreamfields at Blair Park will be led by LADF and its project manager, Jon Mosier of Landmark Sports. We will circulate a draft agreement between our two parties for the installation of the baseball field improvements to review shortly. The goal is to have a final agreement signed by October 2, 2023, or soon thereafter.

We look forward to working with the City of San Bernardino on this amazing project. If you have any questions, please contact Manny Aceves at 323-224-1596 or [email protected] or Tiffany Rubin at 323-224-1562 or [email protected].

Sincerely,

Nichol Whiteman
Chief Executive Officer
Los Angeles Dodgers Foundation

I hereby agree to the above letter of intent.

Lydie Gutfeld

______________________________________________________
Signature

______________________________________________________
Title

______________________________________________________
Date

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AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO,

AND THE LOS ANGELES DODGERS FOUNDATION,

FOR THE INSTALLATION OF BASEBALL FIELD IMPROVEMENTS

AT BLAIR PARK
THIS AGREEMENT (“AGREEMENT”) is entered into this 22nd day of September, 2023 (the “EFFECTIVE DATE”), by and between the City of San Bernardino, a municipal corporation (“CITY”) acting by and through its Parks, Recreation and Community Services Department (“PRCSD”), and The Los Angeles Dodgers Foundation, a California nonprofit public benefit corporation (“DONOR”), for the installation of baseball field improvements at Blair Park in San Bernardino. CITY and DONOR may each be referred to individually as a “PARTY” and collectively as the “PARTIES.”
WHEREAS, CITY, through its PRCSD, owns, operates and maintains real property commonly known as Blair Park (“PROJECT LOCATION”), located at 1466 West Marshall Boulevard, San Bernardino, CA 90302;
WHEREAS, DONOR supports key cornerstone programs in sports and recreation, education and literacy, and health and wellness that benefit children and families throughout the greater Los Angeles area and is exempt from federal income taxation under Internal Revenue Code (“IRC”) Section 501(c)(3) and not a private foundation under Section 509(a) of the Code;
WHEREAS, DONOR, with support from other contributors, and in collaboration with other cities and counties in the Los Angeles area, has previously completed over fifty (50+) Dodgers Dreamfields at various park sites in the Los Angeles area; WHEREAS, PRCSD seeks to improve its park facilities and promote active sports play among youth in San Bernardino;
WHEREAS, the PARTIES have agreed to collaboratively provide necessary funding for the development and improvement of three (3) baseball fields (collectively, the “FIELDS”), as Dodgers Dreamfields, with a total monetary value of up to $1,718,844, at the PROJECT LOCATION; and

WHEREAS, such funding will provide for improvements such as new playing surfaces, field enclosures, fencing, an irrigation system, dugouts, an electronic scoreboard, signage, bullpens and mound, as well as project management services (collectively, “FIELD IMPROVEMENTS”), as fully described in the Project Description and Cost Estimate sheet attached hereto and incorporated herein by reference as Exhibit A, pursuant to project plans and specifications (“PLANS”) mutually approved by the PARTIES;

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2 WHEREAS, CITY has agreed to provide additional upgrades at the PROJECT LOCATION to include restrooms, concession stands and a parking lot; WHEREAS, DONOR wishes to donate up to $172,576 and has secured funding amounting up to approximately $1,546,268 through DONOR resources and contributions from additional DONOR partners (“DONOR PARTNERS”) to provide the remaining funding for the FIELD IMPROVEMENTS, in the amount up to $1,718,844, as further described below;
WHEREAS, DONOR wishes to provide, and CITY wishes to accept, these gifts for the FIELD IMPROVEMENTS (the “GIFT”) to be constructed and/or installed at the PROJECT LOCATION; and
NOW, THEREFORE, in consideration of the foregoing and the terms and conditions contained herein, and the performance thereof, the PARTIES to this AGREEMENT mutually agree as follows:

Pursuant to this AGREEMENT, the PARTIES agree to work cooperatively to have FIELD IMPROVEMENTS installed at the PROJECT LOCATION, as described herein, and DONOR agrees to donate the GIFT to CITY, and CITY agrees to accept such GIFT, on the terms and conditions set forth below.

1. Agreement Contacts.

CITY: City of San Bernardino
201 N. "E" Street, Bldg A
San Bernardino, CA 92401
Attn: Genoveva Rocha, City Clerk
Parks, Recreation and Community Services Department
201-A North E Street, Ste. 103
San Bernardino, CA 92401
Attn: Lydie Gutfeld, Director
DONOR: The Los Angeles Dodgers Foundation
Dodger Stadium
1000 Vin Scully Avenue
Los Angeles, CA 90012
Attn: Nichol Whiteman, Chief Executive Officer

2. The Projects. DONOR shall contract with Landmark Construction Solutions, Inc. (“LANDMARK”) to manage the installation of the FIELD IMPROVEMENTS at the

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3 PROJECT LOCATION, including, without limitation, the coordination of work with any contractors and/or subcontractors (collectively, the “CONTRACTORS”) hired by LANDMARK and/or DONOR. The FIELD IMPROVEMENTS will be installed in accordance with the Design and Project Location Renderings attached hereto as Exhibit B and Project Timeline attached hereto as Exhibit C, both of which are incorporated herein by this reference.

Each of DONOR’s and DONOR PARTNERS’ names, logos, trademarks and other identifying marks (“DONOR SIGNAGE”) may, upon the prior written consent of each of DONOR and DONOR PARTNERS, be incorporated into the design of the completed FIELDS, on or around the particular FIELDS, its dugouts, scoreboards, or other FIELDS amenities, subject to CITY’s approval.

DONOR and LANDMARK shall be provided access to the PROJECT LOCATION, including, without limitation, the ingress-egress and usage of certain areas for staging and storage, under the authority of a Right of Entry Permit (“ROE”) issued by PRCSD.

3. The GIFT. DONOR and DONOR PARTNERS have agreed to provide the GIFT, in a total amount of up to $1,718.844.

4. Financial Contributions. The PARTIES agree that financial contributions be provided by DONOR and DONOR PARTNERS as indicated below.

Contributor Amount
DONOR $172,576
Security Benefit $100,000
LA84 Foundation $50,000
San Manuel Board of
Mission Indians
$1,296,268
Helen and Will Webster
Foundation
$100,000
DONOR may secure additional funding from other DONOR PARTNERS to defray its contribution prior to the completion of the FIELD IMPROVEMENTS. The PARTIES acknowledge and agree that, in the event of project cost overruns and/or savings required by or due to a change in the scope of FIELD IMPROVEMENTS, the implementation of any changes in the scope of FIELD IMPROVEMENTS or reallocation of funding (“PROJECT CHANGES”) shall be subject to the mutual agreement of the PARTIES. Said mutual agreement may require the prior approval of the San Bernardino City Council. Upon approval of the PROJECT CHANGES by the PARTIES, DONOR shall coordinate with LANDMARK to have LANDMARK implement such PROJECT CHANGES, pursuant to the intent mutually agreed to by the PARTIES.

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4 5. CITY’s Covenants: CITY hereby covenants that, in order to induce DONOR to enter into this AGREEMENT and to provide the GIFT:
(a) CITY will provide additional upgrades at the PROJECT LOCATION to include restrooms, concession stands and a parking lot and CITY will maintain the FIELDS in a safe and attractive manner consistent with DONOR’s image and reputation, and in accordance with the terms and conditions of applicable product warranty(ies);
(b) CITY, which owns the PROJECT LOCATION, will ensure that the PROJECT LOCATION is free of any liens, encumbrances, or third-party claims that would be inconsistent with the intent that the FIELDS be used for recreation and play activities;
(c) CITY shall obtain, or shall assist LANDMARK in obtaining, all necessary permits, authorizations and consents, as well as right of entry to access the park site to perform the necessary work;
(d) CITY shall recognize DONOR and DONOR PARTNERS for its contributions through the placement of DONOR SIGNAGE on the FIELDS, which DONOR SIGNAGE shall be kept in place for so long as the FIELDS are in operation.

The content, design, size, and placement of all DONOR SIGNAGE at the FIELDS shall be determined by mutual agreement of the PARTIES, shall be consistent with the CITY’s sign laws and PRCSD Sponsorship Recognition Policy, and shall require approval by PRCSD prior to being placed or installed at the FIELDS;
(e) CITY shall ensure that the FIELDS shall be used exclusively for recreation and play activities for so long as the FIELDS remains open to the public; and (f) CITY is authorized to enter into this AGREEMENT.
(g) Sections 5(a), 5(b), 5(d) and 5(e) shall survive the expiration or earlier termination of this AGREEMENT.

6. DONOR Covenants: DONOR hereby covenants that, in order to induce CITY to enter into this AGREEMENT and to accept the GIFT:
(a) In accordance with the GIFT and this AGREEMENT, DONOR shall contract with LANDMARK and/or CONTRACTORS and shall make payments directly to LANDMARK and/or CONTRACTORS, if applicable, for costs and expenses related to FIELD IMPROVEMENTS, in accordance with the project description and cost estimates attached hereto as Exhibit A and/or as mutually agreed upon by the PARTIES, at no cost or expense to CITY;

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5 (b) In any contracts entered into hereunder by DONOR with LANDMARK and/or any CONTRACTORS, DONOR shall require LANDMARK and/or such CONTRACTORS, to agree in writing to be in compliance with all applicable local, state, and federal regulations and requirements as related to the FIELD IMPROVEMENTS;
(c) In any contracts entered into hereunder by DONOR with LANDMARK and/or any CONTRACTORS, DONOR shall require LANDMARK and/or such CONTRACTORS performing FIELD IMPROVEMENTS at the PROJECT LOCATION to possess appropriate insurance coverage(s), to sign both a waiver of liability and indemnity agreement in compliance with the terms and conditions of the Right of Entry Permit issued by PRCSD, authorizing the performance of the FIELD IMPROVEMENTS at the PROJECT LOCATION; (d) In any contracts entered into hereunder by DONOR with LANDMARK and/or any CONTRACTORS, DONOR shall require that LANDMARK and/or such CONTRACTORS adhere to the terms and conditions of this AGREEMENT; (e) In any contracts entered into hereunder by DONOR with LANDMARK and/or any CONTRACTORS, DONOR shall require that the FIELD
IMPROVEMENTS be performed in accordance with plans and specifications mutually approved by the PARTIES and pursuant to the terms and conditions of this AGREEMENT; and
(f) DONOR is authorized to enter into this AGREEMENT.

7. Status: CITY affirms that it is a tax-exempt municipal corporation, and DONOR affirms that it is a California nonprofit public benefit corporation.

8. CITY’s Books and Records: Throughout the TERM, the PARTIES agree to maintain sufficient operating and financial books, records, and related documentation regarding the GIFT, the FIELD IMPROVEMENTS, and the FIELDS, and any related activities of the PARTIES, and further agree to allow DONOR reasonable access to such books, records, and other documentation as they relate to the GIFT and the implementation of this AGREEMENT.

9. Publicity, Recognition and Use:
(a) The PARTIES shall acknowledge one another as co-contributors in written material(s), news releases, and related marketing or publicity materials, including, but not limited to, an initial press conference, and/or dedication ceremonies for the FIELDS;
(b) The PARTIES agree to assist and cooperate in a mutually acceptable grand- opening and/or dedication event at the FIELDS;

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6 (c) The PARTIES also shall have the right to publicize, show photographs of, use the name of, and otherwise promote their respective contributions to the FIELDS;
(d) DONOR shall be given usage of the FIELDS for sports and/or special events upon reasonable notice to PRCSD, subject to CITY’s prior approval, which approval shall not be unreasonably denied, delayed, or withheld and the signing of both a waiver of liability and indemnity agreement. CITY shall not charge DONORS a fee for use of the FIELDS for these events but may charge DONOR for CITY’s personnel expenses for staff supervision, security, maintenance, and/or traffic control during the event(s); (e) DONOR shall have the right (but not the obligation) to place and remove DONOR SIGNAGE on or around the FIELDS, provided that DONOR SIGNAGE is consistent with CITY’s sign laws and PRCSD policies, procedures, and guidelines, and subject to the prior approval of CITY; (f) The naming of the FIELDS shall be subject to the prior approval of DONOR and CITY, pursuant to PRCSD’s naming policy;
(g) DONOR shall have the right, at DONOR events at the FIELDS (e.g., events as described in 9(a), 9(b), or 9(d) above), to operate a booth or similar area for promotional purposes upon the signing of both a waiver of liability and indemnity agreement. The size and location of the booth or similar area shall be subject to CITY’s prior approval, not to be unreasonably withheld; and (h) The PARTIES agree to cooperate and coordinate with respect to the nature, text, and timing of any press release or public announcement(s) concerning the existence of the GIFT, the FIELD IMPROVEMENTS, the FIELDS, and/or this AGREEMENT; the use or promotion of the PROJECT LOCATION; and/or the construction of any FIELD IMPROVEMENTS at the FIELDS, except as may be legally required by applicable laws, regulations, or judicial order.
(i) The PARTIES agree to notify each other in writing of any press release, public announcement, marketing or promotion of the FIELDS. Further, any press release, public announcement, marketing materials, or brochures prepared by any of the PARTIES, shall appropriately acknowledge the contributions of all of the PARTIES;
(ii) To the extent stipulated in any grant agreement, partnership agreement, donation agreement, or other agreement with respect to the GIFT and the FIELD IMPROVEMENTS, the PARTIES shall duly notify any grantors, donors, partners or other party, and each other, prior to any public or media event publicizing the accomplishments funded by any grant agreement or other funding source, and shall provide the

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7 opportunity for attendance and participation by grantor, donor, partner, or other respective representatives;
(iii) The PARTIES shall coordinate the scheduling and organization of any public or media event to provide the opportunity for attendance and participation by officials and/or representatives of CITY and DONOR; including elected officials and public officials. Similarly, any document, written report, or brochure prepared by either CITY or DONOR, in whole or in part, pursuant to the acquisition of property and/or installation of improvements, shall contain any acknowledgements required under any related grant agreement, partnership agreement, donation agreement or other agreement or funding source; and (iv) DONOR agrees that any public release or distribution of information related to the FIELD IMPROVEMENTS, the FIELDS, this
AGREEMENT, and/or any related project, programs or services, shall include the following statement at the beginning or introduction of such release:
“In collaboration with the City of San Bernardino,
Parks, Recreation and Community Services
Department,”
(v) Sections 9(a), (c)-(e), (g) and (h) shall survive the expiration or earlier termination of this AGREEMENT.

10. Absence of DONOR Warranties: DONOR makes no representations or warranties hereunder of any kind, expressed or implied, as to any matter, including implied warranties of fitness for a particular purpose, merchantability or otherwise relating to the FIELDS, the FIELD IMPROVEMENTS, or any component thereof, or the performance by LANDMARK and/or any CONTRACTORS of any services. In no event, except as provided in Paragraph 11 of this AGREEMENT, will DONOR be liable for any damages, including personal injury, lost profits, or other consequential, exemplary, incidental or punitive damages arising out of this AGREEMENT, the GIFT, the FIELD IMPROVEMENTS, and/or the FIELDS.

11. Indemnification/Hold Harmless:
(a) Except for the active negligence or willful misconduct of DONOR, or any of DONOR’s officers, directors, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors, insurers and assigns, CITY agrees to indemnify, defend, and hold harmless DONOR, its officers, directors, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors, insurers and assigns from and against any and all third party claims, demands, losses, damages, liabilities, costs and expenses (including reasonable legal/attorneys' fees and expenses arising out of or related to any

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8 legal proceeding and any legal appeal) related to the GIFT, the FIELDS, the FIELD IMPROVEMENTS, or this AGREEMENT, and liabilities of any kind or nature whatsoever, whether in contract, tort, or otherwise, resulting from any claim (including, without limitation, personal injury, death, or property damage) actually or allegedly arising out of or in connection with the negligent acts, errors, omissions or willful misconduct, including the maintenance, location, or condition of the FIELDS, or any person's use of the FIELDS, whether authorized or unauthorized, proper or improper. Without limiting this obligation, CITY will maintain the insurance described in Section 12 below for so long as the FIELDS remain in operation or open to the public. (b) Except for the active negligence or willful misconduct of CITY, or any of its boards, officers, agents, employees, assigns and successors-in-interest, DONOR, during DONOR special events (including the operation of booths or similar area for promotional purposes) undertake(s) and agree(s) to defend, indemnify, and hold harmless CITY and any of its boards, officers, agents, employees, assigns and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, legal/attorney's fees, expenses and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including DONOR’s employees and agents, or damage or destruction of any property of any of the PARTIES hereto or of third parties, arising in any manner by reason of the negligent acts, errors, omissions or willful misconduct incident during DONOR’S use of the FIELDS or use by DONOR’s CONTRACTORS of any tier. Without limiting this obligation, DONOR will maintain the insurance described in Section 12 below during the DONOR special events occurring at the FIELDS during the TERM of this AGREEMENT. (c) This Section 11 shall survive the expiration or earlier termination of this AGREEMENT.

12. Insurance Requirements:
(a) CITY shall obtain and keep in effect for the period of time the FIELDS are in operation or open to the public, at CITY’s expense, the following insurance coverage:

Type of Insurance Limits of Liability
Commercial General Liability (including bodily injury, $2,000,000.00 property damage, products/completed operations,
personal injury, participants’ bodily injury liability
and contractual liability coverages)

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9 (b) The coverage limits described above may be obtained through a self- insurance program or a combination of self-insurance and excess coverage from a commercial insurer. In the event that commercial insurance is purchased, coverage shall be written by insurance companies that are satisfactory to DONOR and that are licensed to do business in the state or country in which the FIELDS are located. The policies, including self- insurance, shall be endorsed to name DONOR and its directors, officers, employees, agents, and affiliates as additional insureds, and shall be written on an occurrence basis.
(c) DONOR shall maintain the level of insurance described above in this Section 12 for any special events that DONOR may operate or perform, whether independently or together, at the FIELDS during the TERM of this AGREEMENT after opening the FIELDS to the public. Said insurance shall be endorsed to name the City of San Bernardino, its officers, officials, employees and volunteers as additional insureds. Additionally, said insurance shall be primary and not contribute to any insurance or self- insurance maintained by City.
(d) Section 12 shall survive the expiration or earlier termination of this AGREEMENT.

13. Use of Marks: Notwithstanding any provision herein, no PARTY shall use any other PARTY’s trademarks, tradenames, and/or logos (each, a “MARK”) without the prior written approval from such PARTY. Each MARK shall remain the sole and exclusive intellectual property of the pertinent PARTY.

14. Term: The “TERM” of this AGREEMENT shall commence upon execution of this AGREEMENT (“Effective Date”) and shall expire one (1) year from the Effective Date, unless terminated earlier under the terms of this AGREEMENT. (a) Notwithstanding the foregoing, if any DONOR PARTNER fails to make a material donation to DONOR, (i) the PARTIES may mutually agree to extend the term until DONOR is able to obtain a donation from one or more new or existing donor partners to make up for the donation shortfall; (ii) the PARTIES may mutually agree to adjust the Project Description and Cost Estimates attached hereto as Exhibit A to account for such shortfall; or (iii) DONOR or CITY may terminate this AGREEMENT.
(b) If a PARTY elects to terminate this AGREEMENT, it must send written notice to the other PARTY. This AGREEMENT will terminate twenty (20) days after the sending of such notice.
(c) Upon any termination of this AGREEMENT, DONOR and CITY shall be obligated only with respect to their proportionate share of the GIFT funds expended on or obligated for the FIELD IMPROVEMENTS through the date of termination.

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10 (d) Upon any termination, CITY shall own and have the right to all FIELD IMPROVEMENTS completed or in progress as of the date of termination.

15. Disclaimer: It is expressly understood by CITY and DONOR that no director, member, officer, employee or other representative of CITY and/or DONOR shall incur any financial responsibility or liability of any kind or nature whatsoever, in connection with this AGREEMENT, or any amendment and/or subsequent agreement regarding the subject matter hereof. The parties agree that the liability of DONOR hereunder shall be limited to the payment(s) pursuant to the terms and conditions of this AGREEMENT. This Section 15 shall survive the expiration or earlier termination of this AGREEMENT.

16. Relationship of the PARTIES: The PARTIES agree that no PARTY shall have any right, power, or authority to assume, create, or incur any expense, liability, or obligation, expressed or implied, on behalf of any other PARTY, except as expressly provided herein. The PARTIES are independent contractors, and this AGREEMENT is not intended to be, nor shall it be, construed as a joint venture, association, partnership, or other form of a business organization or agency relationship.

17. Post-Construction:
(a) Upon completion of construction, PRCSD shall conduct a post-development inspection to ensure that the FIELD IMPROVEMENTS have been developed in compliance with the terms and conditions of this AGREEMENT. (b) Following PRCSD’s acceptance of the completed FIELD IMPROVEMENTS, and subsequent to opening the PROJECT LOCATION to the public, DONOR shall have no involvement, whether financial or otherwise, with the use (other than as provided in Paragraph 9 of this AGREEMENT), operation, maintenance, landscaping, repair, insurance, programming or modifications of the FIELD IMPROVEMENTS.

18. Entire Agreement: This AGREEMENT supersedes any prior or contemporaneous oral or written understandings or communications between the PARTIES and constitutes the entire agreement of the PARTIES with respect to its subject matter.

This Agreement may not be amended or modified, except in a writing signed by the PARTIES.

19. Governing Law: This AGREEMENT shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Bernardino, Superior Court, San Bernardino District, located at 247 West Third Street, San Bernardino, California 92415-0210. In the event of litigation in the United States District Court, venue shall lie exclusively in the Central District of

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11 California, in Los Angeles. This Section 19 shall survive the expiration of earlier termination of this AGREEMENT.

20. Captions: All captions and headings in this AGREEMENT are for the purposes of reference and convenience only. They will not limit or expand the provisions of this AGREEMENT.

21. Counterparts: This AGREEMENT may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. This AGREEMENT shall not be effective as to any PARTY unless and until it has been executed by or on behalf of every PARTY.

22. Force Majeure: Neither PARTY will be liable to the other or deemed to be in breach of this AGREEMENT if such PARTY is delayed or unable to perform, to the extent that such delay or failure is caused by any act of God, epidemic, pandemic (e.g., COVID-19), war, natural disaster, strike, lockout, labor dispute, work stoppage, flood, fire, third party criminal or terrorist act, quarantine or stay- at-home restriction, act of government, government declared emergency or disaster, or any other event beyond its reasonable control and without its fault or negligence (an “EXCUSABLE DELAY”). In the event of an EXCUSABLE DELAY, any performance times specified in this AGREEMENT shall be extended for an amount of time equivalent to the duration of the EXCUSABLE DELAY; provided, however, that if any EXCUSABLE DELAY continues for more than sixty (60) days, either PARTY may terminate this AGREEMENT without further obligation or liability after sending written notice to the other PARTY. This AGREEMENT will terminate five (5) days after the sending of such notice. [SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT as of the date first written above.

CITY OF SAN BERNARDINO
____________________________________________
Charles McNeely
City Manager

THE LOS ANGELES DODGERS FOUNDATION,
A California nonprofit public benefit corporation
____________________________________________
Nicholas Sandler
President
____________________________________________
Nichol Whiteman
Chief Executive Officer

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Exhibit A
Project Description and Cost Estimates

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14 Packet Page.
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15 Exhibit B
Design and Project Location Renderings

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17 Exhibit C
Project Timeline

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Adopt Resolution No. 2023-183 of the Mayor and City Council of the City of San Bernardino, California, approving the Visual, Performing, and Literary Arts grant awards to winning applications in the amount of $25,296.

Executive Summary
Award a cumulative total of $25,296 to six winning Visual, Performing, and Literary Arts applications.

Background
The Visual, Performing and Literary Arts (VPLA) Grant provided by the City of San Bernardino Arts & Historical Preservation Commission (AHPC), is funded through the Cultural Development Impact Fund to reengage the art community in the City. For Fiscal Year 2022-2023, $100,000 was allocated for the VPLA grant; nine applications were granted funding for a cumulative total of $72,700. $2,000 of the funding was approved to be used towards Artist participation fees in the First Annual Festival event in October 2023. Along with the approval of grant funding to the nine winning applicants and Festival Artist funding, the Mayor and City Council approved the remaining balance of $25,300 to be available for grant applications from individual artists and non-501c3 entities, for Fiscal Year 2023-2024.

The grant application period opened in August 2023 and closed in September 2023, applicants needed to provide their completed application, reference photos, and supplemental documents as needed. The AHP commission received 13 grant

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applications for various projects in the City of San Bernardino.

Applicant Name and Project Description Requested
Amount
VPLA
Category
Cory Hollaman - 2020 Vision Youth K-12 Art Classes $ 25,000 VISUAL/MUSI C
Christian Mariscal - Welcome to SB Postcard Mural $ 25,000 VISUAL Freddy Calderon - Exhibition & Workshop for Civil Rights Institute Photography $ 14,225 VISUAL
Heather Andrews-Horton - 2 Murals (Nunez & Perris Hill) $ 20,000 VISUAL Ellen Mckizzie - Self Published Coloring & Poetry Books $ 19,372 LITERARY Edwin Johnson - CHORDS & ICUC - The Hip Hop Shop $ 24,800 MUSIC Alma Rosa Rivera - Publish Collaborative Poetry Book & Documentary $ 25,000 VISUAL/FILM Desiree Decker - CSUSB College Corps - Mural at Elementary School $ 12,000 VISUAL Tristan Acker - Only Empire Now - Music Awards Program & Event $ 25,000 MUSIC Brian Wing - SB Teen Music Workshop - Performing Arts Program Grades 6-12 $ 25,000 MUSIC
Antonio Miles - Thee Empire Podcast - Podcast Operations and Documentary $ 25,800 FILM
Adam Aguilar - Change of Thought Project - City Mural & Documentary $ 25,000 VISUAL/FILM
Bronique Martindale - Produce Performance Events $ 15,756 DANCE Discussion
The total amount of grant funding available is $25,300. The total amount requested from the 13 applicants is $281,953. Because of the limited funding and shortage of scoring responses from the Arts and Historical Preservation Commission, staff decided to split the funding evenly to allow for an even distribution of funds in each area of the VPLA categories (Music, Dance, Visual Art, Theater, Literary Arts, and Film).

The division of funds to be applied to each category of the grant is $4,126. The applicants were asked to respond to an additional questionnaire to determine whether a reduced amount of $4,126 would support their proposal. Of the 13 applicants, two were disqualified for not meeting the eligibility requirement of being an individual artist or non-501c3 organization. Of the remaining 11 applicants, there were no theater proposals; with the visual art area being the most popular, was decided to select two visual art projects to award. Five (5) projects were eliminated for at least one of the following reasons:

1. Residency of the Artist.

2. Non-Response to additional questionnaire.

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3. Voluntary withdrawal due to inability to complete the project with less funds.

Based on the remaining categories, responses received from applicants, and considering the three scoring sheets received from commissioners, it is recommended the grant funds be awarded evenly ($4,216) as follows:

1. Music- Music Awards Program & Event (Tristan Acker/Jay Kasai)

2. Dance- Dance Performance Event(s) (Bronique Martindale)

3. Visual Art- Civil Rights Exhibition & Workshop (F. Calderon)

4. Visual Art- Change of Thought Project Mural (Adam Aguilar)

5. Literary Art- Collaborative Poetry Book (Alma Rosa Rivera)

6. Film- Thee Empire Podcast & Documentary (Antonio Thee Miles) The cumulative total of the recommended awards listed above is $25,296. Funds should be dispersed in January with completion of proposed projects by June 31, 2024. A report of completed projects will be presented to the commission no later than September 18, 2024.
2021-2025 Strategic Targets and Goals
The approval of the grant allocations aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community by providing opportunities to an underserved community to engage in participation of visual and performance arts are various community locations throughout the city; and Goal No. 3: Improved Quality of Life whereby the community has access and introduction to art center programs and amenities throughout the city.

Fiscal Impact
There is no fiscal impact to the General Fund with this item. Sufficient funding for this item exists within the Cultural Development Fund in the FY23/24 Budget.

Conclusion
Adopt Resolution No. 2023-183 of the Mayor and City Council of the City of San Bernardino, California, approving the Visual, Performing and Literary Arts grant awards to winning applications in the amount of $25,296.

Attachments

1. Attachment 1- Resolution 2023-183 VPLA Grant Awards

2. Attachment 2- VPLA 2023 Grant Application

3. Attachment 3- VPLA mid-year reporting form
Ward:

All Wards
Synopsis of Previous Council Actions:

December 7, 2022 Mayor and City Council of the City of San Bernardino approved the allocation of grant awards in the amount of

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$25,300 to be used for the next round of grant awards
specifically for individual artists and non-501c3
organizations.

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Resolution No. 2023-183
Resolution 2023-183
December 6, 2023

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Mayor and City CouncilDecember 6, 2023

Mayor and City Council
December 6, 2023