Mayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FORTHE
SPECIAL MEETING AND REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE
REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JANUARY 17, 2024
5:00 PM SPECIAL MEETING 7:00 PM REGULAR MEETING
CLOSED SESSION IMMEDIATELY TO FOLLOW REGULAR MEETING
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles A. Montoya
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino
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Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
City Manager Charles A. Montoya
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:00 P.M. SPECIAL MEETING
INVOCATION AND PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS FOR ITEMS ON THE SPECIAL MEETING AGENDA ONLY
CITY MANAGER UPDATE
PRESENTATIONS
1. Proclamation for Jayden Daniels Day in the City of San Bernardino – January 20, 2024 (All Wards) p. 18
2. San Bernardino County Fire Protection District FP5 Presentation p. 20
APPOINTMENTS
3. Animal Control Commission Removal p. 29
4. Elected Official Compensation Advisory Board of Gil Botello (Ward 3 Appointment) p. 60
5. Personnel Commission Appointment of Reginald L. Woods (Mayor’s Appointment) p. 69
6. Personnel Commission Appointment of Leticia O. Briggs (Mayor’s Appointment) p. 74
CONSENT CALENDAR
7. California for All Animals Grant Award p. 79
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024001:
1. Accepting a grant award in the amount of $125,000 from UC Davis for animal services programs; and
2. Authorizing the City Manager to conduct all negotiations, signings, and submittals of all necessary documents to receive the grant award; and
3. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 Budget to appropriate $125,000 of the grant funding in both revenues and expenditures for animal shelter programs and services.
Mayor and City Council of the City of San Bernardino Page 3
8. Accept Donation Funds from Stater Bros. Charities p. 91 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024002:
1. Accepting a donation in the amount of $7,000 from Stater Bros. Charities; and
2. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 budget in both revenues and expenses and appropriate $7,000 to be used towards animal shelter programs and services.
9. Irrevocable Agreement to Annex No. 2024375 (Ward 5) p. 97 Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024003 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 1199 West 41st Street, San Bernardino, California, within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
10. Resolution Declaring Intent to Conduct a Public Hearing to Order Street Vacation (15.30439) of a Portion of Broadway Avenue East of N J Street and North of Main Street, and Reservation of Utilities Therein (Ward 1) p. 112 Recommendation:
Adopt Resolution No. 2024004 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a portion of Broadway Avenue east of north J Street and north of Main Street, and reservation of utilities therein.
11. Irrevocable Agreement to Annex No. 2024376 (Ward 6) p. 121 Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024005 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 3895 June Street, San Bernardino, California, within the unincorporated area of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
12. Ratify and Accept the San Bernardino County Fire Protection District Ordinance No.
FPD 2301 (All Wards) p. 136
Recommendation:
Adopt Resolution No. 2024006 of the Mayor and City Council of the City of San Bernardino, California, to ratify and accept the San Bernardino County Fire Protection District’s (“District”) Ordinance No. FPD 2301, which amends and adopts the 2022 Edition of the California Fire Code, known as California Code of Regulations, Title 24, Part 9, based on the 2021 Edition of the International Fire Code.
13. Irrevocable Agreement to Annex No. 2024378 (Ward 4) p. 232 Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024007 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 4694 North F Street, San Bernardino, California, within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Mayor and City Council of the City of San Bernardino Page 4
14. Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation (15.30437) of a Portion of Harrist Street Between North I Street and J Street and South of West 9th Street, and Reservation of Utilities Therein (Ward 1) p. 247 Recommendation:
Adopt Resolution No. 2024008 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a portion of Harris Street between North I Street and J Street and south of West 9th Street, and reservation of utilities therein.
15. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 41, Tax Zone No. 42 (Ono Hawaiian BBQ) (Ward 1) p. 257
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024009 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 41) and authorizing the levy of a special taxes therein.
16. Resolution Declaring Intent to Conduct Public Hearing to Order the Street Vacation (15.30440) of a Portion of 9th Street and a Portion of Tippecanoe Avenue, and Reservation of Utilities Therein (Ward 1) p. 302
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024010 declaring its intent to conduct a public hearing to order the vacation of a portion of 9th Street and a portion of Tippecanoe Avenue and reservation of utilities therein.
17. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 38, Tax Zone No. 39 (InNOut) (Ward 1) p. 313
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024011 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 38) and authorizing the levy of a special taxes therein.
18. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 39, Tax Zone No. 40 (Ward 1) p. 348
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024012 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 39) and authorizing the levy of a special taxes therein.
19. San Bernardino Regional Housing Trust Letter of Intent (All Wards) p. 382 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City to join the San Bernardino Regional Housing Trust by submitting a Letter of Intent to the San Bernardino Council of Government.
Mayor and City Council of the City of San Bernardino Page 5
20. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 40, Tax Zone No. 41 (Quick Quack) (Ward 5) p. 423
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024013 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 40) and authorizing the levy of a special taxes therein.
21. Approve Professional Service Agreement with SB Express One LLC (All Wards) p. 457
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California:
1. Approve the Professional Service Agreement with SB Express One LLC (Super 8 Motel) for the provision of motel rooms ranging from 28 rooms (minimum) to 75 rooms (maximum) for a total amount not to exceed $1,008,000 and for a term beginning January 17, 2024, through January 17, 2025.
2. Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the implementation of the Motel Voucher Program.
22. Amending the Citywide Salary Schedule for the Planner Classification Series p. 513 Recommendation:
Adopt Resolution No. 2024014 of the Mayor and City Council of the City of San Bernardino, California:
1. Amending the Citywide salary schedule for the planner classification series.
2. Reclassifying the Deputy Director/City Planner (U) to City Planner (U).
23. Basic Compensation Plan for Part-time, Temporary and Seasonal Employees p. 529 Recommendation:
Adopt Resolution No. 2024015 of the Mayor and City Council of the City of San Bernardino, California:
1. Approving a basic compensation plan for parttime, temporary and seasonal employees.
2. Amending the Citywide salary schedule for fulltime, parttime, temporary, and seasonal positions.
24. Side Letter Agreement with Various Bargaining Groups Regarding Hazard Pay p. 544 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024028, authorizing the City Manager to execute side letter agreements with various bargaining groups regarding hazard pay.
25. Amendments to Professional Services Agreements for Legal Services (All Wards) p. 555
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or their designee to execute:
Mayor and City Council of the City of San Bernardino Page 6
1. Fourth Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Andrea Miller (II) v. City of San Bernardino, 4th District Court of Appeals Case No. E080807
2. Third Amendment to the Professional Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for representation in the Andrea Miller (II) v. City of San Bernardino, 4th District Court of Appeals Case No. E080807
3. Second Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont, for representation in the Estate of Rob Marquise Adams, et al. v. City of San Bernardino, US District Court Case No. 5:2022cv02206
4. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the case entitled Brian Pellis, et al. v. City of San Bernardino, et al US District Court Case No. CIVSB 2226731
5. Second Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont, for representation in Deshawn Wright v. City of San Bernardino, United States District Court, Case No. 5:210032CAS
6. Second Amendment to the Professional Services Agreement with Jones & Mayer, for representation of City employee Imran Ahmed in Deshawn Wright v.
City of San Bernardino, United States District Court, Case No. 5:210032CAS
26. Approve Professional Service Agreements with CivicPlus. LLC. (All Wards) p. 642 Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California:
1. Authorize the City Manager to execute the Professional Service Agreement with CivicPlus. LLC. for CivicEngage Central hosting, migration, training, and implementation services for a total amount not to exceed $193,000 over a term beginning after approval of the contract renewable for a 60month term; and
2. Authorize the Director of Finance to issue a purchase order in the amount of $93,000.03 to CivicPlus for the development, migration, and hosting of a new City website.
27. Establish a California Nonprofit Public Benefit Corporation named of “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation.” P. 692 Recommendation:
Adopt Resolution No. 2024016 of the Mayor and City Council of the City of San Bernardino, authorizing the City Manager, or designee, to take the steps necessary to establish a California Nonprofit Public Benefit Corporation named “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation” to support the Parks, Recreation, and Community Services Department’s programs and initiatives.
28. Accept Grant Award for Lytle Creek Park and Community Center Renovations p. 713 Recommendation:
Adopt Resolution No. 2024017 of the Mayor and City Council of the City of San Bernardino, California:
1. Accepting a grant award in the amount of $1,000,000 from the San Manuel Band of Mission Indians for renovations to Lytle Creek Park and Community Center;
2. Authorizing the City Manager, or designee, to conduct all negotiations, signings, and submittal of all necessary documents to receive the grant award; and
3. Authorizing the Director of Finance and Management Services to amend the Mayor and City Council of the City of San Bernardino Page 7 FY2023/24 Budget to appropriate $1,000,000 in grant funding for the Lytle Creek Park and Community Center Renovation projects.
29. Approve the Purchase of a Mobile Diesel Generator Through the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program p. 727 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024018 to:
1. Accept and approve Request for Quotation (RFQ) F2377 for the purchase of a mobile diesel generator through the Home and Community Based Services Senior Nutrition Infrastructure Grant Program (HCBSNI);
2. Authorize the City Manager to execute the Vendor Services Agreement (VSA) between the City of San Bernardino and Bell Electrical Supply Co., Inc. for the purchase of a new mobile towable diesel generator; and
3. Authorize the Director of Finance to issue a purchase order in the amount of $136,089 to Bell Electrical Supply Co., Inc.
30. Accept the RFP 2239 Youth Enrichment Programs Award for Fiscal Year 2023/2024 p. 749
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolution 2024019:
1. Authorizing the City Manager, or his designee, to accept the award for RFP No. 2239 Youth Enrichment Programs for an amount not to exceed $145,000 through Fiscal Year 2023/2024;
2. Authorizing the City Manager, or his designee, to conduct all negotiations, signing, and submittals of necessary documents to receive RFP awards; and
3. Authorizing the Director of Finance and Management Services to amend the budget in both revenue and expenditures by $145,000 and appropriate the funds for Fiscal Year 2023/2024.
31. Accept the FY 2022 Project Safe Neighborhoods Grant (All Wards) p. 773 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024020 authorizing:
1. The City Manager or designee to accept the FY 2022 Department of Justice, Project Safe Neighborhoods grant funding; and
2. The Director of Finance and Management Services to amend FY 2023/24 Adopted Budget appropriating $200,000 in both revenue and expenditures.
32. Contract Amendment Approval – Mt. Vernon Storm Drain Project (Ward 6) p. 824 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
Approve Amendment No. 1 to the Professional Services Agreement with Onward Engineering in the amount of $19,612.50, for a total contract amount of $164,539.50 from Storm Drain DIF funding and extend the contract through anticipated completion date of December 30th, 2024.
Mayor and City Council of the City of San Bernardino Page 8
33. Rejecting Construction Bids for the Clean California Local Grant Program (All Wards) p. 909
Recommendation:
Adopt Resolution No. 2024021 of the Mayor and City Council of the City of San Bernardino, California, Rejecting Construction Bids for the Clean California Local Grant Program for the 4th Street Alley Beautification project.
34. Agreement with Yunex, LLC., for Traffic Signal Intersection OnCall and Emergency Repair Services (All Wards) p. 923
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute a Maintenance Services Agreement with Yunex, LLC., for traffic signal intersection oncall and emergency repair services; and
2. Authorize the Director of Finance to issue a purchase order in the amount of $600,000 to Yunex, LLC.
35. Task Order Issued to TransTech Engineers for Project Management Services for the San Bernardino Hope Campus Project (Navigation Center) and Norman F. Feldheym Library Revitalization Projects. (Ward 1) p. 993
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Approve two task orders (Transtech003 and Transtech004) to TransTech Engineering for program management services for the San Bernardino Hope Campus Project (Navigation Center) and Norman F. Feldheym Library Revitalization project, as part of the existing Professional Services Agreement for OnCall Engineering Services, and,
2. Authorize the Finance Director to issue a purchase order in the amount of $296,400 for the Hope Campus Project and $197,600 for the Feldheym Library Project.
36. Contract Amendment Approval – Pepper Avenue Rehabilitation Project (Wards 3, 6) p. 1104
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager to execute all documents and: Approve Amendment No. 3 to the Professional Services Agreement with Kabbara Engineering in the amount of $10,000, for a total contract amount of $255,531 for Pepper Avenue Rehabilitation Project and extend the term of the agreement through the anticipated completion date of December 30, 2024.
37. Approve Final Tract Map No. 20495 (Ward 4) p. 1179
Recommendation:
Adopt Resolution No. 2024022 by the Mayor and City Council of the City of San Bernardino, California, approving Final Tract Map No. 20495 (Subdivision 2113) involving the subdivision of five (5) parcels (APN 028521105, 21, 22, 23, and 25) containing approximately 14.7 acres into one hundred thirty-three (133) single-family residential lots and nine (9) lettered lots for common facility improvements, located on the northwest corner of E. Highland Avenue and N. Palm Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.
Mayor and City Council of the City of San Bernardino Page 9
38. Contract Change Order Approval – Pavement Rehabilitation at Three LocationsWard 3 p. 1331 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the Director of Finance and Management Services to allocate an additional $643,910.10 to fund the change order to complete the pavement improvements "Project"; and
2. Approve the Construction Contract Change Order with Matich Corporation Company in the amount of $643,910.10 to complete the "Project"; and
3. Authorize the project construction and construction contingencies in the total amount of $693,000 to provide pavement improvements to complete the "Project"; and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
39. Cancellation of January 17, 2024, Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act p. 1340 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Cancel the Proposition 218 Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste collection, processing and disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”) on the January 17, 2024, Mayor and City Council Meeting; and
2. Instruct staff to establish a new timeline for implementation of proposed rates (to include public hearings), SB 1383 adoption, and potential amendments to the City’s agreement with Burrtec Waste Industries, Inc. before July 30th, 2024.
ADJOURNMENT FOR SPECIAL MEETING
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the Regular Meeting to be held on January 17, 2024 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401.
The Regular Meeting will begin at 7:00 p.m.
CALL TO ORDER REGULAR MEETING
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
City Manager Charles A. Montoya
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
Mayor and City Council of the City of San Bernardino Page 10 7:00 P.M.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
CONSENT CALENDAR
1. Adoption of Ordinance No. MC1622: Floodplain Ordinance (FPO) (All Wards) p. 1344
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC1622: adopting a new Chapter 8.79 of the City of San Bernardino municipal code; adopting flood hazard maps; designating City Engineer as the floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.
PUBLIC HEARING
2. Public Hearing on Annexation No. 28A to Community Facilities District 20191 (Ward 5) p. 1385
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024023 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of le vying the amended special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 28A) ; and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024024 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019 1 (Maintenance Services) Tax Zone 29; and
5. Introduce, read by title only, and waive further reading of Ordinance No.
MC1623 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20232024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC1623 for February 21, 2024.
3. Public Hearing on Annexation No. 37 to Community Facilities District 20191 (Ward 3) p. 1442
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024025 of the Mayor and City Council of the City of Mayor and City Council of the City of San Bernardino Page 11 San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 37); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024026 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019 1 (Maintenance Services) (Annexation No. 37); and
5. Introduce, read by title only, and waive further reading of Ordinance No.
MC1624 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20232024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC1624 for February 21, 2024.
DISCUSSION
4. Adopting Resolution No. 2024027 and Introducing Ordinance No. MC1625 Amending Chapter 2.10 and Chapter 2.15, Adding Chapter 2.83, and Amending Sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino Municipal Code Regarding Updating Titles and Organizational Duties of Various City Departments and Department Heads (All Wards) p. 1496
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2024027:
a.Restructuring the Community and Economic Development Department by creating the Community Development & Housing Department and the Economic Development Department
b.Retitling the Human Resources Department to Human Resources and Risk Management Department
c.Retitling the Finance Department to Finance and Management Services Department
d.Retitling the Director and Deputy Director of Human Resources (U)
Classification
e.Retitling the Deputy Director of Finance (U) Classification f. Amending the Citywide Salary Schedule for fulltime, parttime, temporary, and seasonal position.; and
2. Introduce, read by title only, and waive further reading of Ordinance No.
MC1625 amending Chapter 2.10 and Chapter 2.15, adding Chapter 2.83, and amending sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino Municipal Code regarding updating titles and organizational duties of various City Departments and Department Heads.
Mayor and City Council of the City of San Bernardino Page 12
5. Introduction of Ordinance No. MC1626 Amending Section 2.58.010 of the Municipal Code Relating to the Time and Location of Regular Meetings (All Wards) p. 1522 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title only, and waive further reading of Ordinance No. MC1626 amending Section 2.58.010 of Chapter 2.58 of Title 2 of the San Bernardino Municipal Code relating to the time and location of regular meetings.
6. Election of Mayor Pro Tempore (All Wards) p. 1533
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, open nominations for a member of the City Council to serve as Mayor Pro Tempore with an effective date of December 20, 2023.
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
CLOSED SESSION
7. Closed Session p. 1537
Recommendation:
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Dennis Bergman, by and through his Guardian Ad Litem, Jennifer Abraham, San Bernardino Superior Court Case No. CIVBS2134966
ii. Estate of Rob Marquise Adams, by and through its personal Representatives, Tamika King, et al. v. City of San Bernardino, United States District Court Case No. 5:22CV02206 JGBSP
iii. Brian Pellis, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB222673
iv. Gary Schuelke v. City of San Bernardino, Workers’ Comp. Case Nos.
ADJ13946643, ADJ13946133, ADJ11395684, ADJ11395701, ADJ6436925, and ADJ4544196
v. Frank Alvarez v. City of San Bernardino, Workers’ Comp. Case No. ADJ1477022 vi. Douglas Heath v. City of San Bernardino, Workers’ Comp. Case No.
ADJ11111333
CLOSED SESSION REPORT
ADJOURNMENT
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to a Special Meeting to be held on January 31, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401.
The Special Meeting will begin at 3:00 p.m.
Mayor and City Council of the City of San Bernardino Page 13
CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, Chief Deputy City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the Wednesday, January 17, 2024, Special and Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, January 12, 2024.
I declare under the penalty of perjury that the foregoing is true and correct.
Telicia Lopez Telicia Lopez, CMC, Chief Deputy City Clerk Mayor and City Council of the City of San Bernardino Page 14 NOTICE:
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.
In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.
5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.
Mayor and City Council of the City of San Bernardino Page 15 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.
Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.
ALTERNATE MEETING VIEWING METHOD:
If there are issues with the main live stream for the Mayor and City Council you may view the alternate stream on TV3
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.
Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments
3) REMOTE PARTICIPATION VIA ZOOM WILL BE FOR COUNCIL PARTICIPATION Until further notice, remote public comment has been suspended.
Mayor and City Council of the City of San Bernardino Page 16
NOTICE OF A SPECIAL MEETING OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DATE: Friday, January 12, 2024
SUBJECT: Special Meeting on Wednesday, January 17, 2024 NOTICE IS HEREBY GIVEN that the City Manager, with a consensus of the Mayor and City Council of the City of San Bernardino, has called a Special Meeting for Wednesday, January 17, 2024, at 5:00 p.m.
Said meeting shall be for the purpose of considering the following:
PRESENTATIONS
1. Proclamation for Jayden Daniels Day in the City of San Bernardino – January 20, 2024 (All Wards)
2. San Bernardino County Fire Protection District FP5 Presentation; and
APPOINTMENTS
3. Animal Control Commission Removal
4. Elected Official Compensation Advisory Board of Gil Botello (Ward 3 Appointment)
5. Personnel Commission Appointment of Reginald L. Woods (Mayor’s Appointment)
6. Personnel Commission Appointment of Leticia O. Briggs (Mayor’s Appointment); and Consent Calendar Items No. 7 through 39.
ADJOURNMENT
The next Regular Meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on January 17, 2024 at the Feldheym Central Library, 555 West Sixth Street, San Bernardino 92401. Open Session will begin at 7:00 p.m.
Telicia Lopez
Telicia Lopez, CMC, Chief Deputy City Clerk
Mayor and City Council of the City of San Bernardino Page 17
NOTICE OF A SPECIAL MEETING OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DATE: Friday, January 12, 2024
SUBJECT: Special Meeting (Closed Session) on Wednesday, January 17, 2024 NOTICE IS HEREBY GIVEN that the City Manager, with a consensus of the Mayor and City Council of the City of San Bernardino, has called a Special Closed Session Meeting for Wednesday, January 17, 2024, immediately following Open Session.
Said meeting shall be for the purpose of considering the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)
i) Dennis Bergman, by and through his Guardian Ad Litem, Jennifer Abraham, San Bernardino Superior Court Case No. CIVBS2134966
ii) Estate of Rob Marquise Adams, by and through its personal Representatives, Tamika King, et al. v. City of San Bernardino, United States District Court Case No. 5:22-CV02206 JGB-SP iii) Brian Pellis, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB222673
iv) Gary Schuelke v. City of San Bernardino, Workers’ Comp. Case Nos. ADJ13946643, ADJ13946133, ADJ11395684, ADJ11395701, ADJ6436925, and ADJ4544196 v) Frank Alvarez v. City of San Bernardino, Workers’ Comp. Case No. ADJ14770229 vi) Douglas Heath v. City of San Bernardino, Workers’ Comp. Case No. ADJ11111333
ADJOURNMENT
The next Regular Meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on February 21, 2024 at the Feldheym Central Library, 555 West Sixth Street, San Bernardino 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.
Telicia Lopez
Telicia Lopez, CMC, Chief Deputy City Clerk
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Jayden Daniels Day in the City of San Bernardino – January 20, 2024 (All Wards)
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PROCLAMATION OF THE MAYOR AND CITY COUNCIL
PROCLAIMING JANUARY 20, 2024, AS JAYDEN DANIELS DAY
IN THE CITY OF SAN BERNARDINO
WHEREAS, the City of San Bernardino takes great pride in recognizing exceptional talent, perseverance, and extraordinary achievements; and, WHEREAS, Jayden Daniels, an esteemed athlete from San Bernardino, has exemplified unparalleled excellence on the football field, showcasing remarkable skill, dedication, and sportsmanship throughout his career; and, WHEREAS, Jayden Daniels, was awarded the 2023 Heisman Trophy, named the Associated Press College Football Player of the Year, the Walter Camp Award, the Davey O’Brian Award, and other prestigious awards; and,
WHEREAS, Jayden Daniels, based upon his athletic and academic accomplishments, has brought immense pride and honor to the residents of San Bernardino, serving as an inspiration and role model for aspiring athletes and youth within our community; and,
WHEREAS, January 20, 2024, marks a momentous day to honor the outstanding contributions, achievements, and exemplary character of Jayden Daniels.
WHEREAS, On January 20, 2024, the San Bernardino community will be coming together to celebrate Jayden Daniels success with a parade and community celebration.
NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City
Council of the City of San Bernardino, do hereby designate January 20, 2024, as "Jayden Daniels Day" in the City of San Bernardino. We encourage all residents to join us in celebrating and acknowledging Jayden Daniels' exceptional accomplishments and his positive impact on our community.
Presented this 17th Day of January 2024
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Department: City Manager's Office
Subject: San Bernardino County Fire Protection District FP-5 Presentation
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www.sbcfire.org
San Bernardino County Fire
Protection District
FP-5
What is it, and what is its impact?
Dan Munsey, Fire Chief/Fire Warden
January 3, 2024
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www.sbcfire.org San Bernardino County Fire Protection District Duty, Honor, Community
San Bernardino County Fire Protection District (“County Fire”) • 19,278 square miles: 78% of this is state or federal land • We are a California special district and not a department of San Bernardino County
• We are bound by the Fire Protection District Law
(California Health & Safety Code §13800, et seq.)
• In 2023, we responded to almost 196,000 calls for emergency service - emergency medical, hazardous materials, rescues, aircraft, marine, and many other “all-risk” emergencies.
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www.sbcfire.org San Bernardino County Fire Protection District Duty, Honor, Community
City of San Bernardino and County Fire
• The City of San Bernardino was annexed into the San
Bernardino County Fire Protection District in 2016
• Two stations had been closed since the City’s bankruptcy prior to annexation
• Station 223 since 2015
• Station 230 since 2014
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www.sbcfire.org San Bernardino County Fire Protection District Duty, Honor, Community
What is FP-5?
• An annual assessment voted for by residents in 2008 to provide for Fire, Rescue and EMS services by the San Bernardino County Fire Protection District
• This assessment was expanded in 2018 to include all areas where County Fire provides emergency services
• FP-5 currently accounts for 20% of County Fire’s annual operating budget
• FP-5 directly pays for fire stations
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www.sbcfire.org San Bernardino County Fire Protection District Duty, Honor, Community
Calls for Service in the City of San Bernardino
Responses in the City of San Bernardino for 2023
52,332
Responses for Medic Engine 224 in 2023
6,524
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www.sbcfire.org San Bernardino County Fire Protection District Duty, Honor, Community
How does FP-5 impact the City of San Bernardino?
• Revenue from FP-5 allowed County Fire to continue Fire, Rescue and EMS services during the City’s bankruptcy
• Revenue collected within the City must be spent in the City • The City currently has 9 fire stations in operation
• Four of these stations are fully funded by FP-5
• This includes Station 224
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www.sbcfire.org San Bernardino County Fire Protection District Duty, Honor, Community
How does FP-5 impact the City of San Bernardino?
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www.sbcfire.org San Bernardino County Fire Protection District Duty, Honor, Community
What’s projected to happen without FP-5?
• There is currently no replacement revenue available
• Nine stations are currently in operation
• Four of these stations are fully funded by FP-5
• Possible station closures to close the budget deficit • Expected increase in response times
• Expected increase in insurance premiums due to fewer resources for fire response
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Fred Shorett, Mayor Pro Tempore/Council Member, 4th Ward Department: Council Office
Subject: Animal Control Commission Removal
Recommendation:
Approve the removal of Sharon A. Negrete from the Animal Control Commission, effective immediately.
Executive Summary
Sharon A. Negrete was appointed by the Mayor and City Council to the Animal Control Commission on July 19, 2023. It is recommended that the Mayor and City Council approve Ms. Negrete’s removal from the commission effective immediately.
Background
The Animal Control Commission was established by resolution 2018-45 to conduct the following:
• Serve as an advisory capacity to the Mayor and City Council, making recommendations on strategies, policies, and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter; • Serve as a liaison to the Mayor, the City Council, and the city staff on behalf of the community in matters related to the City of San Bernardino’s Animal Shelter Services;
• Increase awareness of animals available for adoption at the shelter; • Educate the community regarding the humane treatment of animals and other matters related to animal shelter services; and
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• Address such matters as may otherwise be assigned to the Animal Control Commission under the provisions of the San Bernardino Municipal Code or by City Council action.
Discussion
The Animal Control Commission is comprised of nine (9) members appointed by a vote of the Mayor and entire Council, as provided for in section 2.17 of the Municipal Code, to serve without compensation. Members of commissions serve at the pleasure of the Mayor and City Council and may be removed without cause by Mayor and City Council action in an open public meeting.
Sharon A. Negrete was appointed by the Mayor and City Council to the Animal Control Commission on July 19, 2023. It is recommended that the Mayor and City Council Approve Ms. Negrete’s removal from the commission effective immediately. 2021-2025 Strategic Targets and Goals
The proposed appointment aligns with Key Target No. 5: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
None
Conclusion
Approve the removal of Sharon Negrete from the Animal Control Commission, effective immediately.
Attachments
Attachment 1 - Boards, Commissions & Citizen Advisory Committees Handbook
Attachment 2 - Municipal Code Chapter 2.17
Attachment 3 - Resolution No. 2018-45 Establishing Animal Control Commission
Ward:
Fourth Ward
Synopsis of Previous Council Actions:
On February 21, 2018, the Mayor and City Council adopted Resolution No. 2018-45, adopting the Animal Control Commission.
On July 19, 2023, Sharon A. Negrete was appointed to the Animal Control Commission.
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Boards, Commissions
& Citizen Advisory Committees
HANDBOOK
Updated: February 17, 2021
sbcity.org
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TABLE OF CONTENTS
Introduction .................................................................................................................................................. 3 Guiding Principals........................................................................................................................................ 4 Job Statement............................................................................................................................................ 4 Vision for the Future................................................................................................................................... 4 Operating Paradigm................................................................................................................................... 4 Goals and Objectives ................................................................................................................................. 5 How City Government Works ...................................................................................................................... 5 City Charter................................................................................................................................................ 5 City Organization ....................................................................................................................................... 5 Organizational Chart .................................................................................................................................. 7 Commission Basics ..................................................................................................................................... 8 Opportunities to Serve ............................................................................................................................... 8 Membership Qualifications & Appointment Process ................................................................................... 8 Term of Office ............................................................................................................................................ 9 Ethics and Conflict of Interest..................................................................................................................... 9 Meeting Basics ........................................................................................................................................... 11 Bylaws and Procedures ........................................................................................................................... 11 Communications ...................................................................................................................................... 13 Role of the City Staff Liaison and Commission Members ......................................................................... 13 Absences, Leaves of Absence, and Resignations.................................................................................... 14 The Brown Act............................................................................................................................................ 15 Overview.................................................................................................................................................. 15 Brown Act Provides for Public Comments ................................................................................................ 15 Public Comments at Special Meetings:...................................................................................................................16 Limitations on Length and Content of Public's Comments: .................................................................................16 Common Questions about the Brown Act................................................................................................. 16 Tips for Being an Effective Commissioner............................................................................................... 18 Understanding Your Role and Scope of Responsibility ............................................................................ 18 Prepare Ahead for Meetings .................................................................................................................... 18 Encourage and Honor Public Participation ............................................................................................... 19 Respect Individual Viewpoints.................................................................................................................. 19 Communicate Effectively.......................................................................................................................... 20 Special Tips for the Chairperson 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INTRODUCTION
Congratulations on your appointment as a member of one of the City of San Bernardino’s boards, commissions or citizen advisory committees. On behalf of the Mayor and City Council, welcome aboard! Public involvement is crucial to the City’s decision-making process, and appointed advisory bodies are an important and valued part of City government. There are particular areas of decision-making which benefit from the advice and counsel of qualified residents. The members, who serve without compensation, are appointed based on their interest and expertise in areas such as transportation, parks and recreation and zoning. By advising the Mayor, City Council and staff, bringing new ides to the table, and representing all of the diverse elements of our community, members of advisory bodies assist the Mayor and City Council in making the best, most informed decisions possible, for the benefit of the community.
Serving on one of the City’s boards, commissions or citizen advisory committees can be a fascinating and rewarding experience. As a member you will be charged with formulating new ideas, information gathering, receiving public testimony and comments, analyzing complex issues, and making recommendations on specific projects and broad policy issues to help the Mayor and City Council to make better-informed decisions.
This handbook has been prepared to explain the responsibilities of citizen advisory bodies’ and their relationship with the organization, the Mayor and City Council, and other government officials. In addition, operating procedures, the Ralph M. Brown Act, parliamentary procedures, and applicable City ordinances will be addressed in brief. Please note that for the purpose of this handbook, “Commissions” and “Commissioners” are inclusive terms used to represent all of the City’s boards, commissions and citizen advisory committees and their membership.
Thank you for volunteering your time and skills to enhance our community. We appreciate your participation and look forward to working with you.
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GUIDING PRINCIPALS
JOB STATEMENT
The job of the City of San Bernardino is to create, maintain, and grow economic value in the community.
VISION FOR THE FUTURE
WE ENVISION a world class city which capitalizes on its location, the diversity of its people and its economy to create a broad range of choices for its residents in how they live, work, and play.
WE ENVISION a thriving city possessing a sustainable system of high-quality education, community health, public safety, housing, retail, recreation, arts and culture and infrastructure.
WE ENVISION a vibrant economy with a skilled workforce that attracts employers who seek the unique opportunities the city has to offer and provide jobs that create citywide prosperity.
WE ENVISION a model community which is governed in an open and ethical manner, where all sectors work collaboratively to reach shared goals.
WE ENVISION a city that is recognized as the county's business and government center and a home for those seeking a sense of community and the best life has to offer.
OPERATING PARADIGM
The City of San Bernardino is a municipal corporation.
The City Council functions as the elected Board of Directors of the corporation, the Mayor as the Chair of the Board, and the City Manager as the appointed CEO.
The City needs revenue to pay for services and amenities and maintain the built environment.
Income for the corporation comes directly or indirectly from anyone spending money in the City. They are investing in San Bernardino.
Each of those investors has a choice whether to spend their money in the City of San Bernardino or another jurisdiction.
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Therefore, the City is in competition for that
investment.
The level of service, the amenities, the breadth of
choices of lifestyle and the quality of life help to
determine where investors will choose to spend
their money.
Every single interaction we have is an opportunity
to win or lose that investment.
GOALS AND OBJECTIVES
Each year, the Mayor and City Council establish the City’s goals and objectives which define the priorities for the City and guide resource allocation. These goals and objectives are published on the City’s website, City newsletter and other publications and are distributed throughout the organization.
HOW CITY GOVERNMENT WORKS
CITY CHARTER
San Bernardino is a "charter" City as contrasted to a "general law" City. Under California law, the authority of a general law City is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. A charter City's power is not defined or limited by the State's general laws. Instead a charter City's powers are defined by the City's charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the City's "constitution" and may only be amended by a vote of the people.
CITY ORGANIZATION
The City of San Bernardino operates under a Council-Manager form of government. The Mayor is elected by the voters at large and serves a four-year term of office. The seven members of the City Council are elected by voters within their respective wards to serve a four year term of office. The Mayor and City Council are the governing body of the City and are vested with all the regulatory and corporate power for the Municipal Corporation. Since the members are elected directly by the electorate, they are accountable to the people for their actions. All members of a citizen advisory body serve in an advisory capacity to the Mayor and City Council. It is their responsibility to offer recommendations, not to set or establish either City policy or administrative direction. The City Charter and the Municipal Code provide that the City Manager shall be the chief executive officer and the head of the administrative branch of City government. The City Manager is responsible to the Mayor and City Council for the administration of all affairs of the City. The Mayor and City Council appoint the City Manager who directs most City Departments, other than the Water Department and Library which are governed by separate boards.
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The heads of departments are appointed by the City Manager except the City Attorney and City Clerk. Department heads are responsible to the City Manager for the efficient and effective operations of the functions assigned to them and to provide staff assistance, as needed, to the commissions. However, commissions have no authority to supervise or direct the work of a department. City departments include Finance, Human Resources, Information Technology, Public Works, Police and Community and Economic Development.
Under the City Charter, the City Clerk and the City Attorney will transition from elected to appointed positions in March 2020. The duties of the elected City Treasurer will be transferred to the Finance Department in March 2020.
The City Attorney is the chief legal advisor to the Mayor, City Council, City Manager, and all City departments. The City Clerk is responsible for giving notice of meetings of the legislative body and maintaining a record of meetings.
The City of San Bernardino currently has eleven (11) citizen advisory bodies including the:
1. Animal Control Commission
2. Arts and Historical Preservation Commission
3. Charter Review Committee
4. Elected Official Compensation Advisory Commission
5. Library Board
6. Measure “S” Citizens Oversight Committee
7. Parks, Recreation and Community Services
Commission
8. Personnel Commission
9. Planning Commission
10. Public Safety and Human Relations Commission
11. Water Board
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Organizational Chart
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COMMISSION BASICS
Opportunities to Serve
Commissions provide an opportunity for interested residents to participate in the governing of their community under guidelines and procedures established by the Mayor and City Council. Commissions can improve the quality of City government by providing the Mayor and City Council with resources to make better-informed decisions.
There is considerable variety in the purpose or charge of these bodies. Some are required by State law or the Charter and are directed to guide certain City activities such as community planning or personnel affairs. Others have been created by the Mayor and City Council to serve San Bernardino’s unique needs. Some bodies considered “technical” or “special purpose” have been formed to address defined subjects and frequently require members with specific areas of expertise. The authority of a Commission will depend upon its specific purpose.
Membership Qualifications & Appointment Process
Standing advisory bodies are established by the Mayor and City Council by either ordinance or resolution.
Membership is defined in the enabling legislation and all members are appointed by the Mayor and Council.
Members are selected:
• On the basis of interest, experience and knowledge in the field pertinent to the commission. • To represent a particular segment of the community.
• From a broad representation of community interest and expertise.
Most advisory bodies meet regularly at established times. Technical or special-purpose bodies may meet regularly or only when projects or proposals require their attention.
Only residents who are registered voters within the City limits are eligible to apply to a commission. In some instances, the residency requirement may be satisfied by business ownership or another relationship with the City as set by Ordinance. City employees are not eligible to serve on a City commission.
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Basic elements of the appointment process are as follows:
1. The Maddy Local Appointive List Act of 1975 (Government Code §54972, et seq.) provides that an appointment list be prepared each year by the City Clerk and be posted by December 31st noting the names of members whose terms will expire in the coming year as well as their appointment date and qualifications for being a member of each commission.
2. Each person seeking appointment or reappointment to a commission will need to obtain and file an application in the City Council’s office. Applications may be submitted for a vacancy that currently exists or which may occur in the future.
3. Each person seeking appointment or reappointment to a commission will need to obtain and file an application in the City Council’s office. Applications may be submitted for a vacancy that currently exists or which may occur in the future.
4. City Council staff will provide your application to any elected official who has a vacancy on the commissions for which you have submitted an application.
5. Once the Mayor or a City Council Member has selected an applicant to serve on a commission, an item will be placed on a City Council agenda and the Mayor and City Council will consider the appointment. If approved, the City Clerk will issue the Oath of Office to the newly appointed commissioner.
Term of Office
The term of office for each commission varies depending upon the specific board, commission or citizen advisory committee. Generally the term of office for five (5) member boards and commissions is four (4) to six (6) years.
The term of office for appointees to all other boards, commissions and citizen advisory committees coincides with the appointing officer’s term in office. If the Mayor or a Council Member is re-elected, he/she will re-appoint their Commissioners, if so desired, or appoint new commissioners. Members of commissions serve at the pleasure of the Mayor and City Council and may be removed without cause by Mayor and City Council action in an open public meeting.
Ethics and Conflict of Interest
1. The duties of a commission member must be performed in good faith and in a manner which the member believes to be in the best interest of the City.
2. It is improper for any member of a commission to utilize for personal gain any information which is received by reason of said membership and is not a matter of public record.
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3. No member of a commission can have a financial interest in any contract or other transaction involving the commission. The member must promptly disclose such interest in any proposed activity of the commission and not participate in any related deliberations or actions on the matter.
4. The Political Reform Act of 1974 and the City’s Conflict of Interest Code require certain elected and appointed officials and designated employees to disclose personal financial interests that might be affected while they are performing their duties. This disclosure helps to inform the public about potential conflicts of interest. Most of the City’s Commissions are solely advisory, meaning that final decisions are made by the Mayor and City Council, and therefore are not required to file Statements of Economic Interest (Fair Political Practices Commission Form 700).
The following commissions have limited decision-making authority and are, therefore, required to file Statements of Economic Interest (Form 700) and complete two hours of ethics training pursuant to State Law and the City’s Conflict of Interest Code. Ethics training must be completed within one year of assuming office and renewed at least once every two years thereafter. 1) Library Board
2) Personnel Commission
3) Planning Commission
4) Water Board
Statements of Economic Interest (Form 700) are filed electronically. Within one week of your appointment the Office of the City Clerk will send an e-mail notification including a link and filing instructions.
Filing dates for the Statements of Economic Interest (Form 700) mandated by State law are as follows:
Assuming Office Statement – Must be filed within 30 days of taking office. Annual Statements – Must be filed by April 1st of each year. Leaving Office Statement – Must be filed within 30 days of leaving office.
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5. Individual Commission members should avoid making public comments on Council actions or public policies that might appear to represent the official position of their commission. Commission actions, with the voting of each member, are conveyed to the Mayor and City Council in the form of official minutes or by resolution. The chairperson of a commission is the spokesperson for the commission.
6. Questions regarding possible ethical issues or conflicts of interest should be reviewed with the Chairperson, City Attorney, City Clerk, or staff liaison, as appropriate under the circumstances, in advance of the subject meeting or discussion.
MEETING BASICS
Bylaws and Procedures
1. Bylaws: The bylaws approved by the Mayor and City Council establish the operating guidelines for each commission including rules of order as well as the election and roles and responsibilities of officers.
2. Parliamentary Procedures: All commission meetings must be conducted in accordance with City practices and policies. Rosenberg’s Rules of Order are used as a guide in conducting meetings.
General parliamentary principals include:
a) One speaker at a time; one subject at a time
b) Business must be conducted
c) All members are equal
d) The majority decides
e) The rights of the minority must be protected
f) Silence denotes consent
g) Respect everyone
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3. Selection of Officers: The first order of business on the agenda at the first regular meeting in January will be the election of officers. The Chair and Vice Chair are elected by a majority of the commissioners present. If no member gets a majority of the votes cast, a second vote will be taken between the two members that received the most votes. The Chair is responsible for presiding at all meetings, submitting all motions to vote and ensuring the orderly conduct of the meeting. In the absence of the Chair, the Vice Chair assumes and preforms the duties of the Chair.
4. Meetings & Events: All regular meetings must be held at the established time and place set by the Mayor and City Council. Special meetings may be held pursuant to State Law.
5. Meeting Recordings: It is recommended that commission meetings be audio-recorded; however, it is not required. If meeting audio is recorded, recordings must be retained in accordance with the City’s approved Records Retention Schedule.
6. Action Minutes: The staff liaison or recording secretary for each commission must record the official actions taken by the commission. Minutes must be prepared and retained permanently in an “action minutes” format. Written minutes must be approved by the commission to become the official record of its activities. Additions or corrections of minutes are to be made at a public meeting with the approval of the commission. Copies of the commissions approved meeting minutes must be provided to the Mayor and City Council.
7. Correspondence from the Public: Written correspondence received from members of the public regarding any agenda items are retained as part of the official record of the meeting. Consistent with City Council practice, citizens are encouraged to present written comments (including emails) at least one day prior to the meeting. This provides Commissioners with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting.
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8. Public Comments on Agenda Items:
Consistent with City Council practice for
receiving public testimony on agenda items
(with the exception of certain types of public
hearings), commissions are encouraged to limit
public comments to three (3) minutes per
speaker to ensure that everyone who wishes to
be heard has the opportunity to do so. The
Chair, with the consensus of the commission,
may allow additional brief testimony from
speakers who have already commented on the
same agenda item; however, speakers should
not be allowed to yield their time to another speaker (Reference Resolution No. 2018-89).
Communications
1. Written Reports: Commissions are occasionally requested to make special reports or recommendations to the Mayor and City Council on specific subjects. The Mayor and City Council may make this request in writing, with specific direction as to the approach, scope, and schedule for the study desired. These recommendations often play a major role in assisting the Mayor and City Council to reach a final decision on important issues.
2. Statements: A commission does not have authority to speak for the City. If the body wishes to recommend that a statement be made by the City, such as a letter to state the City’s position, it shall be submitted to and receive approval of the Mayor and City Council.
3. Public Forums and Surveys: A commission cannot sponsor or co-sponsor a public forum, meeting, or survey without the prior approval of the Mayor and City Council.
4. Personal Testimony: If a member of a commission appears before the Mayor and City Council (or another commission) in a capacity other than as representative of his/her advisory body, it should be explained in advance that any statements made are not to be construed as representing the opinions or recommendations of the commission on which he/she serves and constitutes his/her personal views.
5. Changes: Changes in a member’s address or telephone number, and the names of new officers must be submitted to the City Clerk and commission staff liaison as soon as possible.
Role of the City Staff Liaison and Commission Members
The Water Board and the Library Board have administrative responsibilities including the power to appoint, discipline and dismiss employees. For all other commissions staff support and assistance is provided, but commissions do not have supervisory authority over City employees. While they may work closely with commissions, staff members remain responsible to their immediate supervisors and ultimately to the City Manager.
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The commission members are responsible for the functions of the commission and the chairperson is responsible for commission compliance with the policies outlined in this handbook.
Staff support includes preparation of the agenda and agenda reports providing a background of the issue, alternatives, recommendations, and appropriate backup material, as necessary. Staff will assist commissions in the conduct of public meetings and ensure that the business listed on the agenda is addressed. Commission members should have sufficient information to reach decisions based upon a clear explanation of the issues involved. The staff liaison or recording secretary for each commission ensures that meetings are recorded and action minutes are taken as needed.
The staff liaison is responsible for ensuring the Commission’s agendas are posted as required under the Brown Act and that copies of the Commission’s agendas and action minutes are provided to the Mayor and City Council for review.
Absences, Leaves of Absence, and Resignations
1. Attendance: If a commission member fails to attend three (3) consecutive regular meetings without excuse from the chair, that member will be considered resigned and cease to be a member. The chairperson of the commission will need to inform the former member and advise the appointing member of the declared vacancy.
2. Absences: Because of quorum requirements, when an absence is anticipated, the individual commission member is responsible for notifying the chairperson or the staff liaison in advance and the absence will be counted in that member’s attendance record.
3. Leaves of Absence: Leaves of absence are not granted to commission members except under very unusual circumstances and when authorized in advance by the Mayor and City Council.
4. Resignation: In the event a member finds it necessary to resign from a commission, a letter of resignation stating the effective date of the resignation must be submitted to the Mayor and Council through the staff liaison or City Council’s Office.
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THE BROWN ACT
Overview
The State Legislature has declared that the actions of public bodies be taken openly and that their deliberations be conducted openly. California’s Ralph M. Brown Act, also known as the “open meeting law,” applies to all commissions, and requires that they:
1. Meet within the jurisdictional limits of the City.
2. Post their agenda 72 hours before a regular meeting containing a brief general description of each item of business to be transacted or discussed.
3. Hold open and public meetings.
4. Provide in bylaws or rules for time and place of regular meetings, if regular meetings are to be held.
5. A meeting is defined as a gathering of a majority (quorum) of the commission for the purpose of discussing items before the commission or conducting other business of the commission. If a quorum is not present the meeting will need to be canceled and scheduled for a later date. It is important to understand that the Brown Act generally prohibits any action or discussion of items not on the posted agenda. There are special posting requirements for commission agendas:
• Regular Meetings – 72 hours in advance
• Special Meetings – 24 hours in advance
• Adjourned Meetings – a regular or special meeting may be adjourned to a specific time and place (usually to continue a public hearing or other business). A special notice is required and should be posted within 24 hours of adjournment.
Brown Act Provides for Public Comments
The Brown Act mandates that regular meeting agendas allow for two types of public comment periods. The first is a general audience comment period, where the public can comment on any item of interest that is within subject matter jurisdiction of the local agency and that is not listed on the posted agenda. This general audience comment period may come at any time during a meeting.
The second type of public comment period is the specific comment period pertaining to items on the commission’s agenda. The Brown Act requires that the commission allow these specific comment periods on agenda items to occur prior to or during the commission’s consideration of that item, including consent calendar items.
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Public Comments at Special Meetings: The Brown Act
requires that agendas for special meetings provide an
opportunity for members of the public to speak about any item listed on the agenda prior to the Commission’s
consideration of that item. Therefore, for special meetings, commissions must allow public comments for items on the agenda, however (unlike regular meetings); a public
comment period for items not on the agenda is not required.
Limitations on Length and Content of Public's Comments: The Brown Act allows a legislative body to adopt reasonable regulations limiting total amount of time allocated for public testimony. In San Bernardino, the Mayor and City Council have established a typical time limit for speakers of three (3) minutes.
Commissions may not to prohibit public criticism of policies, procedures, programs, or services of the City or acts or omissions of the City. This does not mean that a member of the public may speak on “anything.” If the topic is not within the subject matter jurisdiction of the commission, the Chair should remind the speaker to direct his/her comments to only those subjects within the Commission’s purview.
Common Questions about the Brown Act
The following is intended to give commission members a broad understanding of the Brown Act. Please consult with the staff liaison, the City Clerk, or the City Attorney for more specifics.
1. What are serial meetings?
A serial meeting is any direct communication amongst a majority of the members, outside of a meeting, to develop a collective concurrence as to action to be taken on an item by the members. Serial meetings are strictly prohibited by the Brown Act.
Even though a majority of members never gather in a room at the same time, a Brown Act violation may occur if ideas are exchanged among the majority by going through any person acting as an intermediary (including staff), and/or through the use of a technological devices, e.g. telephone answering machine, computer email, or voice mail.
2. What are some examples of serial meetings?
The most common example of a serial meeting is when “Member A” calls “Member B” and then “Member B” calls “Member C,” and so on to share ideas among a majority of the commission.
Another example: A member of a five-member commission receives a letter regarding City business and writes a note on that letter that says "I agree," and then provides a copy of the letter to two other members.
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Email can also be troublesome. Here’s an example of how easy it can be to unintentionally conduct a serial meeting: A staff member sends out via email a document in draft form for review by the commission prior to a meeting. “Member A” recommends to staff a revision and copies fellow commission members. “Member B” disagrees with the proposed change and others begin to “weigh in” on the subject.
3. This seems restrictive... aren’t there any exceptions? Of course, prohibition against serial meetings does not prohibit all communication between individuals regarding City business. The Brown Act only prohibits use of serial meetings for the purpose of "developing a collective concurrence" concerning an issue. This does not prohibit a staff person from "briefing" members provided that the briefing is limited to furnishing information, and the staff person does not solicit opinions concerning an appropriate course of action for the City and then share them among the members.
4. What’s a Quorum?
A quorum is the majority (more than half) of the total number of established members of the commission.
A quorum must be present for any business discussion or action to take place. A quorum must be present for the duration of a meeting. If a member leaves during the meeting, resulting in the lack of a quorum, no further business may be conducted and the meeting must be adjourned.
If vacancies exist on the commission, those vacant positions still count towards the quorum. For example, if one seat is vacant on a five-member body, and two members are absent there is not a quorum.
5. What are some exceptions to the Brown Act?
Commission members may attend and/or participate in the following as long as a majority of the members do not discuss amongst themselves matters that are within the subject jurisdiction of the commission:
Informational or educational workshops or conferences Community meetings, such as town hall meetings, workshops, forums, etc., not sponsored by the commission
A meeting of another body of the local agency
Social or ceremonial events.
6. Can a commission conduct a retreat?
“Team building” or “goal setting” retreats may be held, but they must be held within the City, be properly noticed, and be open to the public.
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TIPS FOR BEING AN EFFECTIVE COMMISSIONER
Understanding Your Role and Scope of Responsibility
After appointment by the Mayor and City Council, the assigned staff liaison will present new commission members with a useful binder of information about the City, which includes this handbook. In addition, the City staff member designated to serve in support of your commission will schedule an orientation appointment with you. This is your chance to learn more about City government and the scope of responsibility of the commission to which you have been appointed.
Prepare Ahead for Meetings
Most citizens understand when they apply to serve on a commission that they will be making a commitment of time to attend meetings, but many are often surprised by the amount of time it takes to prepare properly for a meeting.
Being prepared is key to making good decisions and will strengthen the value of your Commission’s recommendations.
1. Do your homework! This involves setting enough time aside to review thoroughly and consider the entire agenda packet in advance of the meeting.
2. Agendas generally are distributed at least 72 hours in advance of the meeting. When you receive your agenda packet, read it carefully. Be prepared to discuss fully, evaluate, and act on all matters scheduled for consideration. Think about:
a. The number of items.
b. Those items that may be controversial.
c. Difficult procedural items.
d. Issues you know little about.
3. Visit any sites or facilities that will help you
understand the issues.
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4. Start a list of questions for staff.
5. Call or meet with staff before the meeting to learn more, if need be. Getting more information ahead of time may make your decision-making easier and help move the meeting. Your questions may also alert staff to issues that others may also be pondering. Advance knowledge assists staff with preparing oral reports and adequately addressing the issues during the meeting.
6. Show up on time and be ready to work.
Encourage and Honor Public Participation
Some commission meetings are well attended by the public and others are not. Nevertheless, it’s important to remember that everyone is entitled to his or her own opinions.
Some members of the public are quite used to speaking before a public body, but most are not. Individuals may address the commission to either present an issue or concern, or to speak for or against an item. This may be the first time they have ever done this, and they may find the experience intimidating. Anxiety can be expressed in a variety of ways, including aggressiveness or forgetfulness, so be patient and remember to:
1. Be fair and consistent.
2. Pay attention to all speakers and actively listen to what they are saying.
3. Ask questions for clarification, but avoid debate or “cross-examining.”
4. Be sure that your body language is not sending mixed or negative messages.
Respect Individual Viewpoints
It is important to remember to treat fellow members of your commission, staff, and the public with respect and courtesy at all times.
1. Allow others time to present their views fully.
2. Actively listen and seek to understand.
3. Avoid interrupting others.
4. Be open to new ideas.
5. Explore alternatives.
6. When necessary, agree to disagree.
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Communicate Effectively
Commission members serve as a communications link between the community, staff, and the Mayor and City Council. You provide a channel for citizen expression. Not only is it important for you to listen carefully to others, but you also need to be able to communicate effectively what you are hearing and thinking.
1. Take notes to remind yourself of questions you want to ask or important comments you wish to make.
2. Be direct, open, and forthright.
3. Provide rationale for opinions or recommendations.
4. Stay on topic.
5. Take your charge seriously, but maintain composure and keep your sense of humor.
6. When speaking to the public you are representing the majority views of your commission.
Personal opinions should be clearly identified as such.
7. Speak clearly and be sure people can hear you.
8. If you wish to communicate using electronic mail (email), use the tool wisely. It is easy to unintentionally violate the Brown Act, so certain caution must be exercised when using email.
Special Tips for the Chairperson
The chairperson’s main role is to provide the commission with group direction and to set the tone for meetings.
The Chair must balance being strong enough to move the meeting along and democratic enough to involve all members in the meeting. The effective chairperson:
1. Announces each item before discussion begins.
2. Is even-handed and fair to all participants.
3. Observes specified time limits.
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4. Protects commissioners and staff from verbal attacks.
5. Solicits opinions, feelings, and positions from all members.
6. Encourages the generation of alternative solutions.
7. Protects new thoughts from being rejected prior to fair evaluation.
8. Discourages finger pointing and blame-orientated statements or questions.
9. Keeps the discussion focused on the issue.
10. Delays evaluation and analysis of alternatives until all are on the table.
11. Guides the process of screening alternatives and selecting the solution.
12. Attempts to obtain consensus.
13. Moves the meeting along and does not let the commission drift off the subject at hand.
Public Managing Difficult Meetings
Here are some additional tips for managing any meeting, but particularly the difficult ones:
1. Establish and announce rules before the meeting begins.
2. Introduce each item and possible actions.
3. Advise speakers to address the commission and not the audience.
4. Discourage clapping and shouting.
5. Use recesses to help diffuse hostility.
6. Adhere to speaker time limits.
7. Make sure that all commission members are addressing each other, through you, and not the audience.
8. Consider continuing an item for further discussion if it appears consensus may not be reached.
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Public Records Act and Public Records Retention
The state’s Public Records Act generally authorizes any person to request and receive copies of public records maintained by any state or local agency, unless the records sought are exempt from disclosure. The definition of “public record” is quite extensive and incorporates almost every conceivable sort of electronic or hard copy image, document, or communication that relates in a substantive way to the conduct of City business, that is in the possession of a public employee or official. Public records are required to be retained by public agencies under a different set of statutes for varying periods of time. Public records stored on either City or personal devices and accounts must comply with the Public Records Act and retention statutes. See the City‘s Records Retention Policy for what constitutes a public record that must be retained.
Commission members that receive records substantively relating to City business, either hard copy or electronic, at home or work, should forward them to appropriate City staff for storage and retention on the City’s system.
No commission member has a City-managed email account. Each commission member is required to forward email records pertaining to their conduct of City business, received directly or through private accounts or devices.
If a public records request is submitted to the commission the request should immediately be forwarded to the City Clerk.
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City of San Bernardino
290 N D St, San Bernardino, CA 92401
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Juan Figueroa, 3rd Ward Council Member
Department: Council Office
Subject: Elected Official Compensation Advisory Board of Gil Botello (Ward 3 Appointment)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the appointment of Gil Botello to the Elected Official Compensation Advisory Board representing Ward 3 with the term ending December 2024. Gil Botello will replace David M. Rojas. Council Staff has verified that appointee is a registered voter within the city.
Executive Summary
Appoint Gil Botello to the Elected Official Compensation Advisory Board representing Ward 3.
Background
Section 306 of the City Charter provides that the compensation for the Mayor and Council Members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for city-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position. No ordinance increasing such salaries shall be effective until the date of commencement of the terms of council members elected at the next regular election.
Thereafter, the Mayor and City Council adopted San Bernardino Municipal Code Chapter 2.19 which establishes the Elected Official Compensation Advisory Commission and provides that the commission shall consist of nine members who shall serve at the pleasure of the Mayor and City Council. Pursuant to the Municipal Code, each City Council Member shall nominate one member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two Packet Page. 60
members who shall serve during and for the term of the Mayor. 2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to city.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the appointment of Gil Botello to the Elected Official Compensation Advisory Board representing Ward 3 with the term ending December 2024. Gil Botello will replace David M. Rojas. Council Staff has verified that appointee is a registered voter within the city.
Attachments
Attachment 1 – Commission application – Gil Botello
Attachment 2 – Ordinance MC-1463
Ward:
Third Ward
Synopsis of Previous Council Actions:
February 21, 2018 Ordinance MC-1463 amended Title 2 of the San Bernardino Municipal Code 2.19, establishing the Elected Official
Compensation Advisory Commission.
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Personnel Commission Appointment of Reginald L.
Woods (Mayor’s Appointment)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Reginald L. Woods to the Personnel Commission. Reginald L. Woods will replace Curtis Stout. Council Staff has verified that appointee is a registered voter within the City.
Executive Summary
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Reginald L. Woods to the Personnel Commission.
Background
The Personnel Commission was established under Charter Section 604 and is responsible for hearing appeals of disciplinary action filed by classified City employees.
The commission is composed of five (5) members who shall be appointed by a vote of the Mayor and entire City Council, as provided for in section 304(b) of the Charter, to serve without compensation. On May 5, 2003, the Mayor and City Council approved the appointment of Curtis Stout to the Personnel Commission. Curtis Stout was previously nominated by the Mayor and serves at the pleasure of the Mayor and City Council.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
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Fiscal Impact
No fiscal impact to the city.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Reginald L. Woods to the Personnel Commission.
Attachments
Attachment 1 – Commission application – Reginald L. Woods Ward:
All Wards
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Personnel Commission Appointment of Leticia O.
Briggs (Mayor’s Appointment)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Leticia O. Briggs to the Personnel Commission.
Leticia O. Briggs will replace Victor Arellano. Council Staff has verified that appointee is a registered voter within the City.
Executive Summary
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Leticia O. Briggs to the Personnel Commission.
Background
The Personnel Commission was established under Charter Section 604 and is responsible for hearing appeals of disciplinary action filed by classified City employees.
The commission is composed of five (5) members who shall be appointed by a vote of the Mayor and entire City Council, as provided for in section 304(b) of the Charter, to serve without compensation. On April 5, 2023, the Mayor and City Council approved the appointment of Victor Arellano to the Personnel Commission. Victor Arellano was previously nominated by the Mayor and serves at the pleasure of the Mayor and City Council.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
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Fiscal Impact
No fiscal impact to the city.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Leticia O. Briggs to the Personnel Commission.
Attachments
Attachment 1 – Commission application – Leticia O. Briggs Ward:
All Wards
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Kris Watson, Director of Animal Services
Department: Animal Services
Subject: California for All Animals Grant Award
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-001:
1. Accepting a grant award in the amount of $125,000 from UC Davis for animal services programs; and
2. Authorizing the City Manager to conduct all negotiations, signings, and submittals of all necessary documents to receive the grant award; and
3. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 Budget to appropriate $125,000 of the grant funding in both revenues and expenditures for animal shelter programs and services.
Executive Summary
On December 19, 2023, the UC Davis Koret Shelter Medicine Program awarded a California For All Animals grant award in the amount of $125,000.00 to the City of San Bernardino Department of Animal Services. The award will be utilized to help pet owners secure veterinary care for their companion animals, including spay and neuter services, at participating veterinarians through a voucher program. There is no fiscal impact to the City for accepting the California for All Animals grant award.
Background
In 2021, Governor Newsom approved $50 Million dollars in grant funding for the UC Davis Koret Shelter Medicine Program to distribute to animal shelter and animal control organizations in the State of California under the California for All Animals initiative.
The goal of the grant funding is to reduce euthanasia of healthy and treatable animals impounded at shelters in California. Grant applications for this year were focused on Packet Page. 79
preventing intake and keeping pets in their homes, decreasing length of stay in the shelter, and increasing live outcomes through foster, adoption and return to home/community. This grant cycle was titled “More Pets and People Together” and the application period ran from September 15 through September 29, 2023.
Discussion
The project proposal the Department submitted for the “More Pets and People Together” is focused on helping the community keep their pets, reducing impounds at the shelter and offering support to pet owners through a veterinary voucher program.
The $125,000.00 in grant funding will be utilized for vouchers that can be used by pet owners at multiple veterinarians throughout our region for spay, neuter, dental procedures, or other necessary veterinary medical care. The vouchers will be issued in amounts up to $500.00 per pet to help owners in our community cover the cost of veterinary bills. The Department is in contact with veterinary offices in our region to secure their participation in this initiative.
2021-2025 Strategic Targets and Goals
This project is consistent with Strategic Target No. 2: Focused, Aligned Leadership and Unified Community through community engagement and additional support for pet owners and Strategic Target No. 3: Improved Quality of Life for our residents and their pets by helping them secure needed veterinary care, including spay and neuter services at participating veterinarians in our region.
Fiscal Impact
There is no fiscal impact to the general fund for this project. The budget for fiscal year 2023/24 will need to be amended to include the $125,000 in grant funding.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-001:
1. Accepting a grant award in the amount of $125,000 from UC Davis for animal services programs; and
2. Authorizing the City Manager to conduct all negotiations, signings, and submittals of all necessary documents to receive the grant award; and
3. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 Budget to appropriate $125,000 of the grant funding in both revenues and expenditures for animal shelter programs and services.
Attachments
1. Attachment 1: Notification of California for All Animals Grant Award 2023
2. Attachment 2: UC Davis Grant Agreement
3. Attachment 3: Resolution 2024-001
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Ward:
All Wards
Synopsis of Previous Council Actions:
May 4, 2022 Mayor and City Council adopted Resolution No. 2021-75, accepting a $5,000 California for All Animals welcome grant award from UC Davis.
August 17, 2022 Mayor and City Council adopted Resolution No. 2022-176, accepting $200,000 in grant funding from UC Davis.
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From: Emily Leverentz
To: Kristine Watson
Cc: [email protected]; Nadia Oseguera; Rebecca L Stuntebeck Subject: Notification of California for All Animals Grant Award Date: Tuesday, December 19, 2023 2:37:08 PM
Caution - This email originated from outside the City - Verify that the Email display name and Email address are consistent. - Use caution when opening attachments.
Hi Kris,
Thank you for submitting a More Pets and People Together Grants proposal on behalf of San Bernardino City Animal Shelter. I am pleased to notify you that your proposal has been selected as a grant recipient by the California for All Animals program. Although we could not fund the proposal in its entirety, we are able to provide a grant in the amount of $125,000 for a one-year term.
Below is the recommended scope of work based on what you provided in the proposal and the recommendations made by the California for All Animals team and Advisory Council:
Veterinary care vouchers
Based on your upcoming project, we would like to offer you the opportunity for ongoing collaboration with the Koret Shelter Medicine Program Outreach Team. They will be able to provide recommendations and brainstorm with you on the following areas of your project:
Targeted approach to distributing veterinary care
Tracking progress towards decreased intake/euthanasia
Next Steps:
Reply to this email or reach us at [email protected] if you have any questions.
Expect an email from me with the grant agreement and next steps to receive the funds.
If you have not provided your 2018-2022 intake and outcome data, you may submit it here.
Other Funding Opportunities:
Are you interested in implementing double-compartment housing in your shelter? Learn more about double-compartment housing (also known as double-sided housing) here and complete this brief form if you are interested in connecting with a team member to discuss portal grant funding and installation support.
Congratulations on behalf of the UC Davis Koret Shelter Medicine Program! Packet Page. 82
All the best,
Emily Leverentz
Program Coordinator
UC Davis, Koret Shelter Medicine Program
[email protected]
www.sheltermedicine.com
Time Zone: MST
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UCD #_______
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UC Davis Agreement #_______
SHELTER SERVICES AGREEMENT
(San Bernardino City Animal Shelter)
THIS SHELTER SERVICES AGREEMENT (“Agreement”) is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“University”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (“Facility”) and SAN BERNARDINO CITY ANIMAL SHELTER (“Shelter”) in connection with the California for All Animals statewide animal shelter assistance program (“Program”).
The parties agree as follows:
1. Shelter Services. Shelter shall adhere to the scope of work described in “Exhibit A”, attached hereto and by this reference made a part hereof (collectively the “Services”). University shall reimburse Shelter for costs (“Expenses”) pursuant to Section 2 below and as outlined in Exhibit A. “Deliverables” shall consist of report(s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.
2. Payment by University. In consideration of Shelter’s Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $125,000 upon invoice from Shelter and final signature of this Agreement. Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e-mail address [email protected].
3. Term. Services shall be rendered from January 1, 2024 through December 31, 2024.
4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.
5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.
6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages Packet Page. 84
UCD #______
are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.
7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.
8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s control.
9. Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.
10. Use of University’s Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.
11. Contract Compliance. As applicable, if this Agreement is funded wholly or in part with by a grant or contract from an agency of any state or federal government, Shelter shall comply with all terms and conditions applicable to recipients of such funds and their contractors.
12. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:
SHELTER (regarding contracts)
Kris Watson
Director
San Bernardino City Animal Shelter
333 Chandler Pl,
San Bernardino, CA 92408
E-mail: [email protected]
UNIVERSITY (regarding contracts)
Business & Revenue Contracts
University of California, Davis
One Shields Ave.
Davis, CA 95616
E-mail: [email protected]
UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.
Davis, CA 95616
E-mail: [email protected]
13. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.
Steven Kobayashi
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UCD #______
14. Governing Law. This Agreement shall be construed pursuant to California law.
15. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.gov/index.html/##11#1). This agreement shall be subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.
16. Audit Requirements. The Agreement, and any pertinent records involving activities related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three (3) years after the date of final payment hereunder.
Shelter hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by University and any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation, the costs associated with the administration of this Agreement.
17. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days’ written notice of such action. If this Agreement is terminated, Shelter shall retain any funds expended or committed for the purposes of this Agreement and will return any unexpended funds.
18. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.
AGREED:
SAN BERNARDINO
CITY ANIMAL SHELTER
THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
By: By:
(authorized signature)
Print name:
UC Davis
Title:
Date: Date:
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UCD #_______
4 of 4
Exhibit A
Scope of Work
1. Purpose of the work: San Bernardino City Animal Shelter will receive funding for veterinary care vouchers for their community.
2. Roles and responsibilities of each party: San Bernardino City Animal Shelter will provide historical data from 2018 to 2022, and annual data through 2026 to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program. KSMP will support the shelter to comply with data requirements. No University equipment will be used.
3. Dates and times will the work be completed: Work will be completed during the contract period of January 1, 2024 through December 31, 2024.
4. Location where work will be performed: 333 Chandler Pl, San Bernardino, CA 92408
5. Required deliverables: One final report will be required upon completion of the program. Additional touch points during the grant will be discussed with project officer.
6. Project milestones: Program pilot to be completed by December 31, 2024.
7. Total cost of the services: Total of services not to exceed $125,000. No construction costs will be funded through this grant.
Items:
Veterinary care vouchers $125,000
Total expenses: $125,000
8. Payment schedule: Payment will be upon execution of the agreement.
9. Anticipated additional work: Additional work is not anticipated at this time.
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Resolution No. 2024-001
Resolution 2024-001
January 17, 2024
RESOLUTION NO. 2024-001
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DEPARTMENT OF ANIMAL
SERVICES TO ACCEPT GRANT FUNDING IN THE
AMOUNT OF $125,000 FROM UC DAVIS FOR ANIMAL
SHELTER PROGRAMS; DELEGATING AUTHORITY TO
THE CITY MANAGER TO CONDUCT ALL
NEGOTIATIONS SIGNINGS AND SUBMITTALS OF ALL
NECESSARY DOCUMENTS TO RECEIVE THE GRANT
AWARD; AND AUTHORIZING THE DIRECTOR OF
FINANCE AND MANAGEMENT SERVICES TO AMEND
THE FISCAL YEAR 2022/23 BUDGET TO APPROPRIATE
$125,000 OF THE GRANT FUNDING FOR ANIMAL
SHELTER PROGRAMS AND SERVICES
WHEREAS, the City of San Bernardino Department of Animal Services has been approved for grant funding by UC Davis through the California for All Animals program; and WHEREAS, the City is working to help owners keep their pets; and WHEREAS, the City is working to establish a voucher program to help citizens secure veterinary treatment for their pets; and
WHEREAS, the grant funding would support the City in its efforts.
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 approves the acceptance of grant funds from UC Davis.
SECTION 3. The Mayor and City Council hereby delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope.
SECTION 4. The Mayor and City Council hereby authorizes the Director of Finance and Management Services to amend the FY 2023/24 Budget to appropriate $125,000 of the grant funding for animal shelter programs and services.
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Resolution No. 2024-001
Resolution 2024-001
January 17, 2024
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 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 89
Resolution No. 2024-001
Resolution 2024-001
January 17, 2024
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. 2024-001, adopted at a regular meeting held on the 17th day of January 2024 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 ____________ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 90
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Kris Watson, Director of Animal Services
Department: Animal Services
Subject: Accept Donation Funds from Stater Bros. Charities Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-002:
1. Accepting a donation in the amount of $7,000 from Stater Bros. Charities; and
2. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 budget in both revenues and expenses and appropriate $7,000 to be used towards animal shelter programs and services.
Executive Summary
On November 23rd, 2023, Stater Bros. Charities donated $7,000 to the Department of Animal Services for the purchase of food and supplies to provide a special Thanksgiving meal to all shelter animals. These donated funds not only covered the cost of the food and supplies for the event, but they will also enable us to support additional animal shelter programs and services.
Background
In 2021 and 2022, the Department of Animal Services held special Thanksgiving events to provide each dog housed in the shelter with a meal consisting of ground turkey, vegetables, rice, and a pumpkin treat. For these events, a limited number of volunteers and staff purchased and prepared the food.
Discussion
On November 7th, 2023, the Department applied for a $1,000 grant through Stater Bros. Charities to help cover the cost of food and supplies needed for the 2023 Packet Page. 91
Thanksgiving event. The Department also posted a volunteer flyer on November 9th, asking for the community’s involvement with preparing and serving food to the animals on Thanksgiving Day. The Department received over 150 responses from the community to participate in the event, and volunteers picked up food from the shelter on November 19th to prepare for Thanksgiving Day. Two local dog treat bakeries, Drooly Cakes, and PawMade Treats, also donated pumpkin dessert treats for the event.
On November 23rd, several Stater Bros. employees and other community volunteers arrived at the event to serve food. Stater Bros. Category Manager, Kevin Mackey, presented a check in the amount of $7,000 to Mayor Helen Tran, and Animal Services Director Kristine Watson. This donation significantly exceeded the $1,000 grant request amount. This generous donation not only covered the cost of the food and supplies for the event but will enable the Department to support additional animal shelter programs and services.
2021-2025 Strategic Targets and Goals
The acceptance of this donation is consistent with Key Target No. 1: Improved Operational & Financial Capacity, through the opportunity for increased donation funds which will allow the Department to implement and maintain promotional events, highlighting adoptable animals. The acceptance of this donation also aligns with Key Target No. 3: Improved Quality of Life through community involvement by allowing community members to help animals at the shelter during events. These special events give the Department an opportunity to educate and engage the community, building trust and increasing awareness.
Fiscal Impact
There is no fiscal impact to the General Fund for this donation. The budget for Fiscal Year 2023/2024 will be amended by $7000 in both revenue and expenditures to account for the generous donation from Stater Bros. Charities.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-002:
1. Accepting a donation in the amount of $7,000 from Stater Bros. Charities; and
2. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 budget in both revenues and expenses and appropriate $7,000 to be used towards animal shelter programs and services.
Attachments
1. Attachment – Resolution No. 2024-002
Ward:
All Wards
Packet Page. 92
Synopsis of Previous Council Actions:
N/A
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Resolution No. 2024-002
Resolution 2024-002
January 17, 2024
RESOLUTION NO. 2024-002
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DEPARTMENT OF ANIMAL
SERVICES TO ACCEPT DONATION FUNDS IN THE
AMOUNT OF $7,000 FROM STATER BROS. CHARITIES;
AND AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FISCAL YEAR 2023/24 BUDGET TO
APPROPRIATE $7,000 OF THE DONATION FUNDING FOR
ANIMAL SHELTER PROGRAMS AND SERVICES
WHEREAS, the City of San Bernardino Department of Animal Services has been approved for donation funding by Stater Bros. Charities; and WHEREAS, the City is working to increase the number of animals adopted; and WHEREAS, the City is working to expand community engagement at the shelter; and WHEREAS, the donation funding would support the City in its efforts.
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 approves the acceptance of donation funds from Stater Bros. Charities.
SECTION 3. The Mayor and City Council hereby authorizes the Director of Finance to amend the FY 2023/24 Budget to appropriate $7,000 of the grant funding for animal shelter programs and services.
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.
Packet Page. 94
Resolution No. 2024-002
Resolution 2024-002
January 17, 2024
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 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 95
Resolution No. 2024-002
Resolution 2024-002
January 17, 2024
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. 2024-002, adopted at a regular meeting held on the 17th day of January 2024 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 ____________ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 96
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary E. Lanier, Director of Community Development and
Housing
Department: Community Development and Housing
Subject: Irrevocable Agreement to Annex No. 2024-375 (Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-003 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 1199 West 41st Street, San Bernardino, California, within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Executive Summary
The recommended actions are the first step to initiate proceedings for the property owner to connect to the City Water and Sewer System. The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 10-inch vitrified clay pipe sanitary sewer main within the West 41st Street area, fronting the subject parcel.
Background
In July 2023, the San Bernardino Water Department received a request for sewer service from the owner of a parcel located at 1199 West 41st Street (APN: 0265-221- 23) for a connection to the City sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to City water and sewer collection services.
Packet Page. 97
In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands.
In September of 1997, the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO-related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement.
The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future.
Discussion
The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 10-inch vitrified clay pipe sanitary sewer main within the area of W 41st Street, fronting the subject parcel.
LAFCO requires the Agency providing the service to complete the application. The resolution will allow the City to submit an application to LAFCO if approved by Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant.
2021-2025 Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area.
Fiscal Impact
There is no General Fund impact associated with this item as the application processing fee has been paid by the applicant.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-003 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 1199 West 41st Street, San Packet Page. 98
Bernardino, California, within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Attachments
Attachment 1 - Resolution No. 2024-003
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map
Attachment 4 - Exhibit C - Application
Ward:
Fifth Ward
Synopsis of Previous Council Actions:
September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries.
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Resolution No. 2024-003
Resolution No. 2024-003
January 17, 2024
RESOLUTION NO. 2024-003
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY
SEWER SERVICES TO A PROPERTY LOCATED AT 1199
W 41st STREET, SAN BERNARDINO, CALIFORINA,
WITHIN THE UNICORPORATED TERRITORY OF
ARROWHEAD FARMS; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN IRREVOCABLE
AGREEMENT TO ANNEX
WHEREAS, RK Capital Group, a California Corporation, the owner of the property located 1199 W 41st Street, San Bernardino, California, in the unincorporated area known as Arrowhead Farms, also known as Assessor’s Parcel Number 0265-221-23, has requested connection to the City of San Bernardino’s sewage system; and WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 1199 W 41st Street, Assessor’s Parcel Number 0265-221-23, more fully described as follows:
The West 95 feet of the North 198 feet of that portion of Lot 33, Arrowhead Suburban Farms, Tract A, in the County of San Bernardino, State of California, as per Plat recorded in Book 1, Page 6 of Maps, records of said County.
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Resolution No. 2024-003
Resolution No. 2024-003
January 17, 2024
SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2024-375, a copy of which is attached as Exhibit “A”.
SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the 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 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 101
Resolution No. 2024-003
Resolution No. 2024-003
January 17, 2024
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. 2024-003, adopted at a regular meeting held on the 17th day of January 2024 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 ____________ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 102
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
IRREVOCABLE AGREEMENT TO ANNEX
No. 2024-375
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 17th day of January, 2024; by and between RK Capital Group, a California Corporation, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the one parcel, APN 0265-221-23-0000, located at 1199 W 41st Street, San Bernardino, California, and parcel is further described as follows:
T h e W e s t 9 5 f e e t o f t h e N o r t h 1 9 8 f e e t o f t h a t p o r t i o n o f L o t 3 3 , A r r o w h e a d S u b u r b a n F a r m s , T r a c t A , i n t h e C o u n t y o f S a n B e r n a r d i n o , S t a t e o f C a l i f o r n i a a s p e r P l a t r e c o r d e d i n B o o k 1 , P a g e 6 o f M a p s , r e c o r d s o f s a i d C o u n t y . w i t h A s s e s s o r ’ s P a r c e l N u m b e r : 0 2 6 5 - 2 2 1 - 2 3 ( “ P r o p e r t y ” ) .
WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon t h e OWNER, heirs, successors and assigns.
NOW, THEREFORE, the Parties hereto agree as follows:
Packet Page. 103
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____ SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system.
f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successors failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may Packet Page. 104
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the Packet Page. 105
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.
Packet Page. 106
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
__________________________________ _______________________________ Charles A. Montoya RK Capital Group
City Manager Signature
______ _Ana Medrano _________
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
____
Name
__________________________________
Genoveva Rocha
CMC, City Clerk
Packet Page. 107
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Packet Page. 108
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Packet Page. 109
EXHIBIT B
Vicinity Map
Annex 2024-375 (Ward 5)
Packet Page. 110
APPLICATION FOR SEWER SERVICES
OUTSIDE OF CITY BOUNDARIES
To: City of San Bernardino
Public Works Department, Real Property Section
300 N. "D" Street- 3
rd Floor, San Bernardino, CA 92418
(909) 384-5111
This application is hereby submitted to the City of San Bernardino, to initiate proceedings for the connection to the City Sewer System from my property, which is located outside the boundaries of the City of San Bernardino pursuant to established City policies, a copy of which I have received and read, and Government Code Section 56133. I understand that a $1,300.00 non-refundable processing fee is due at the time this application is submitted. I further understand that prior to the City submitting an application to the Local Agency Formation Commission (LAFCO), I will be required to deposit any applicable LAFCO fees with the City (or to be paid directly to LAFCO). Additional LAFCO fees may be due at the conclusion of the proceedings, which I will be required to pay. I may request a waiver of these fees from LAFCO, based upon an immediate health and safety issue. In the event that the waiver of all or a portion of the LAFCO fees is granted by LAFCO, the waived amount will be refunded. I also understand that I will be required to execute an "Irrevocable Agreement to Annex" in the event that my property may be subject to Annexation into the City of San Bernardino at some future time, if this application is approved. I further understand that sewer capacity and hook-up fees to the City will be due prior to permit processing. This application is being submitted with the understanding that approval is not guaranteed.
Please submit this application with proof of ownership (Copy of Deed, Title Policy. etc.) along with rocessin fee of Sl.300.00 and •
.
Property Owner(s): ___ K.�����--+=��-�--....... ---------------- Mailing Address: P., ()_ )( 14 15 '?u r r>L 'fk31g_
Property Address: 11 t:ftil .V. 41 .s+- � 1 &cnar'c.h /)D l <4- Assessor's ParcelNo(s): OJ.i,51/2..d 2-3000 0 Tel. No.:(,!fott) �'J; s-"JY'J /pg1 l I Existing Development:
[] Residential (Single Family). No. Bedrooms: __
[] Residential (multi family). Describe: _____
[]Commercial/Industrial.Describe: _____ _
�ew Development:
[
] Residential (Single Family) No. Bedrooms __
rY $1.U to u tr� l e:X
�e�ential (n:u.iJ.ti..fami�
ly . Describe:
[ ] Commercial/Industrial. escribe:_"' ____ _
Note: For new development and/or additions, please provide a copy of the site-plan along with a copy of development permit application, if any, filed with the County of San Bernardino.
Additional Comments: ______________________________ _
[ ] I request a waiver of LAFCO fees based upon the following health and safety urgency:
Date:_�O q+--/ _O""--tvl_Z�.3� I I Signfture{sj k�-
FOR CITY USE ONLY
Received on: _________ by: _________ Receipt No.: __________ _ Nearest sewer main: _______________________________ _
CITY FEES:
Filing: $ I ,300.00
Capacity:
Connection:
Inspection:
TOTAL: $ ____ _
Rev. 12/2011
Comments: _____________ _______ _
EXHIBIT C
Packet Page. 111
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
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 Conduct a Public Hearing to Order Street Vacation (15.30-439) of a
Portion of Broadway Avenue East of N J Street and
North of Main Street, and Reservation of Utilities
Therein (Ward 1)
Recommendation:
Adopt Resolution No. 2024-004 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a portion of Broadway Avenue east of north J Street and north of Main Street, and reservation of utilities therein.
Executive Summary
The recommended action will establish a Public Hearing date that is statutorily required to complete the street vacation process for a portion of Broadway Avenue. The proposed street vacation will terminate this portion of public right of way and transfer ownership to the underlying property owners.
Background
Streets and Highways Code (SHC) Section 8312 gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC Sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing, and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street Packet Page. 112
described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of Broadway Avenue was received on July 7, 2022, from Bryan and Billy Henley, owners of a property located on the eastern side of the intersection of North “J” Street and Broadway Avenue (APN: 0138-273-71-0000). The stated reason for the petition to vacate this portion of the street is to accommodate the future development of the parcel of land that will include a 25-bed congregate housing facility and a 45-bed assisted living facility. Vacating this portion of the unused street will adjoin split parcels, thus maximizing future development.
On May 3, 2023, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate the street. On May 30, 2023, notices were sent out to City Departments, San Bernardino County Fire, and utility providers, including the City of San Bernardino Municipal Water Department, informing them of the proposed street vacation. Staff has received requests from the San Bernardino Municipal Water Department, Southern California Edison, and The SoCal Gas Company to reserve existing utility easements.
Discussion
The Resolution will set the date, time, and place of the public hearing as March 6, 2024, at 7:00 p.m. at 555 West 6th Street, San Bernardino, California, in the Council Chambers. At that time, interested parties may present comments or evidence to the Mayor and City Council regarding the proposed street vacation. The Resolution of Intention will also direct staff to publish notices of the public hearing in the newspaper, as well as posting notices along the proposed street vacation as required by the SHC sections 8322 and 8323.
Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-439, with reservation of utility easements therein, adopting a Categorical Exemption for the street vacation, and make a final order of vacation for the street as described in the Real Property Street Vacation.
The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation 15.30-439 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC Section 8325. Pursuant to SHC section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street Packet Page. 113
vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $1,020 in fees.
Conclusion
Adopt Resolution No. 2024-004 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a portion of Broadway Avenue east of north J Street and north of Main Street, and reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2024-004
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Ward: First Ward
Synopsis of Previous Council Actions:
May 3, 2023 The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of Broadway Avenue east of north J Street and north of Main Street and reservation of utilities therein.
Packet Page. 114
Resolution No. 2024-004
Resolution 2024-004
January 17, 2024
RESOLUTION NO. 2024-004
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENT TO CONDUCT A PUBLIC
HEARING TO ORDER THE VACATION OF A PORTION OF
BROADWAY AVENUE EAST OF N J STREET AND NORTH
OF MAIN STREET, AND RESERVATION OF UTILITIES
THEREIN
WHEREAS, the Public Works Department previously received a petition to vacate a portion of Boadway Avenue east of N “J” Street and North of Main Street, and the reservation of utilities therein; and
WHEREAS, the real property street vacation will allow for future development of a commercial project, the applicant will be revitalizing the subject site in a manner that will enhance the physical and visual qualities of the subject site thereby enhancing the aesthetics of the surrounding commercial area; and
WHEREAS, the existing property will be transformed from vacant site into a development that meets City’s commercial needs while satisfying the Development Code requirements; and WHEREAS, on May 3, 2023, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the alley; and
WHEREAS, on May 30, 2023, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the San Bernardino Municipal Water Department informing them of the proposed street vacation.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of San Bernardino, California hereby declares its intention to order the vacation of Boadway Avenue (No. 1530-439) east of N “J” Street and North of Main Street, and the reservation of utilities therein as described on the legal description attached hereto and incorporated as Exhibit “A” and depicted on the map attached hereto and incorporated herein as Exhibit “B”.
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating the above-described portion of said street, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California.
SECTION 3. The hour of 7:00 p.m., on Wednesday, March 6, 2024, at 555 West 6th Street, San Bernardino, California, 92410, is fixed as the time and place when and where all Packet Page. 115
Resolution No. 2024-004
Resolution 2024-004
January 17, 2024
persons interested in or objecting to the proposed vacation areas may appear before the Mayor and City Council of San Bernardino, California, and offer evidence in relation hereto.
SECTION 4. The Mayor and City Council hereby direct the City Engineer of the City of San Bernardino to cause a Notice of Street Vacation to be posted as required by said “Public Streets, Highways and Service Easements Vacation Law.”
SECTION 5. The City Clerk shall certify the adoption of this Resolution of Intention and shall cause the same to be published once per week for two successive weeks in The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date set forth for the public hearing.
SECTION 6. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 116
Resolution No. 2024-004
Resolution 2024-004
January 17, 2024
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. 2024-004, adopted at a regular meeting held on the 17th day of January 2024 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 ____________ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 117
Packet Page. 118
Packet Page. 119
Area of proposed Street
Vacation
Broadway Avenue Street Vacation No. 15.30-439
Packet Page. 120
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary E. Lanier, Director of Community Development and
Housing
Department: Community Development and Housing
Subject: Irrevocable Agreement to Annex No. 2024-376 (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-005 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 3895 June Street, San Bernardino, California, within the unincorporated area of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Executive Summary
The recommended actions are the first step to initiate proceedings for the connection to the City Sewer System. The San Bernardino Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 18-inch vitrified clay pipe sanitary sewer main within the area of June Street fronting the subject parcel.
Background
In August 2023, the San Bernardino Water Department received a request for sewer service from the owner of a parcel located at 3895 June Street (APN: 0267-021-29) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection.
In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to Packet Page. 121
approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands.
In September of 1997, the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO-related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement.
The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future.
Discussion
The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 18-inch vitrified clay pipe sanitary sewer main within June Street fronting the subject parcel.
LAFCO requires the Agency providing the service to complete the application. The resolution will allow the city to submit an application to LAFCO if approved by the Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant.
2021-2025 Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area.
Fiscal Impact
There is no fiscal impact associated with this action. The $1,300 sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-005 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 3895 June Street, San Bernardino, Packet Page. 122
California, within the unincorporated area of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Attachments
Attachment 1 - Resolution No. 2024-005
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map
Attachment 4 - Exhibit C - Application
Ward:
Sixth Ward
Synopsis of Previous Council Actions:
September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries.
Packet Page. 123
Resolution No. 2024-005
Resolution No. 2024-005
January 17, 2024
RESOLUTION NO. 2024-005
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY
SEWER SERVICES TO PROPERTY LOCATED AT 3895
JUNE STREET, SAN BERNARDINO, CALIFORINA,
WITHIN THE UNICORPORATED AREA OF MUSCOY;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AN IRREVOCABLE AGREEMENT TO ANNEX
WHEREAS, Revilo Holdings LLC, a California Limited Liability Company, the owner of the property located 3895 June Street, San Bernardino, California, in the unincorporated area known as Muscoy, also known as Assessor’s Parcel Number 0267-021-29, has requested connection to the City of San Bernardino’s sewage system; and WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 3895 June Street, Assessor’s Parcel Number 0267-021-29, more fully described as follows:
Lot 31 of Tract No. 3238, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 60, Pages 14 and 15 of Maps, in the Office of the County recorder of said County.
Packet Page. 124
Resolution No. 2024-005
Resolution No. 2024-005
January 17, 2024
APN: 0267-021-29-0-000
SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2024-376, a copy of which is attached as Exhibit “A”.
SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the 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 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 125
Resolution No. 2024-005
Resolution No. 2024-005
January 17, 2024
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. 2024-005, adopted at a regular meeting held on the 17th day of January 2024 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
Packet Page. 126
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
IRREVOCABLE AGREEMENT TO ANNEX
No. 2024-376
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 17th day of January, 2024; by and between Revilo Holdings LLC, a California Limited Liability Company, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the one parcel, APN 0267-021-29-0000, located at 3895 June Street, San Bernardino, California, and parcel is further described as follows:
L o t 3 1 o f T r a c t N o . 3 2 3 8 , i n t h e C i t y o f S a n B e r n a r d i n o , C o u n t y o f S a n B e r n a r d i n o , S t a t e o f C a l i f o r n i a , a s p e r M a p r e c o r d e d i n B o o k 6 0 , P a g e s 1 4 a n d 1 5 o f M a p s , i n t h e O f f i c e o f t h e C o u n t y r e c o r d e r o f s a i d C o u n t y .
A P N : 0 2 6 7 - 0 2 1 - 2 9 - 0 - 0 0 0
WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon t h e OWNER, heirs, successors and assigns.
NOW, THEREFORE, the Parties hereto agree as follows: Packet Page. 127 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-376 LAFCO SC # _____ SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system.
f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successors failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may Packet Page. 128
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-376 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the Packet Page. 129
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-376 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-376 LAFCO SC # _____
SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
__________________________________ _______________________________ Charles A. Montoya Revilo Holdings LLC
City Manager Signature
______ _Luis Oliver _________
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
____
Name
__________________________________
Genoveva Rocha
CMC, City Clerk
Packet Page. 131
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-376 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Packet Page. 132
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-376 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Packet Page. 133
EXHIBIT B
Vicinity Map
Annex 2024-376 (Ward 6)
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Community Development and Housing Director
Department: Community Development and Housing
Subject: Ratify and Accept the San Bernardino County Fire Protection District Ordinance No. FPD 23-01 (All
Wards)
Recommendation:
Adopt Resolution No. 2024-006 of the Mayor and City Council of the City of San Bernardino, California, to ratify and accept the San Bernardino County Fire Protection District’s (“District”) Ordinance No. FPD 23-01, which amends and adopts the 2022 Edition of the California Fire Code, known as California Code of Regulations, Title 24, Part 9, based on the 2021 Edition of the International Fire Code.
Executive Summary
The adoption of Resolution No. 2024-006 will repeal San Bernardino County Fire Protection District Ordinance No. FPD 20-01, which originally adopted the 2019 Edition of the California Fire Code and will ratify Ordinance No. FPD 23-01 adopting the 2022 Edition of the California Fire Code.
Background
As a result of Local Agency Formation Commission (LAFCO) annexation proceedings, the San Bernardino Protection District (“District”) assumed control of the City of San Bernardino’s fire protection services, meaning that the City of San Bernardino (“City”) resides in the District’s jurisdiction. Every three years, the California Building Standards Commission publishes updated regulations in Part 9 of the California Code of Regulations, Title 24, that pertain to fire safe building standards. Local agencies are required to adopt the updated regulations but may also make local amendments as necessary in the ordinance adopting these regulations.
Packet Page. 136
Discussion
The District has adopted the 2022 Edition of the Fire Code, known as the California Code of Regulations, Title 24, Part 9, along with the appendices and amendments thereto. Pursuant to California Health and Safety Code Section 13869.7(c), the District’s Fire Code Ordinance cannot take effect until the municipalities in which the Ordinance will apply each ratify the Ordinance. Given that the City is located within the District’s jurisdiction, the City must ratify the District’s Fire Code Ordinance in order for it to take effect.
2021-2025 Strategic Targets and Goals
Adoption of the attached Resolution aligns with Strategic Target No. 3: Improved Quality of Life. Specifically, the ratification of the County adopted Fire Code helps preserve the public’s health, safety, and welfare.
Fiscal Impact
No fiscal impact to the City is associated with this action.
Conclusion
Adopt Resolution No. 2024-006 of the Mayor and City Council of the City of San Bernardino, California, to ratify and accept the San Bernardino County Fire Protection District’s (“District”) Ordinance No. FPD 23-01, which amends and adopts the 2022 Edition of the California Fire Code, known as California Code of Regulations, Title 24, Part 9, based on the 2021 Edition of the International Fire Code.
Attachments
Attachment 1 - Resolution No. 2024-006
Attachment 2 - San Bernardino County Fire Protection District Ordinance No. FPD 23-01
Ward:
All Wards
Synopsis of Previous Council Actions:
None.
Packet Page. 137
Resolution No. 2024-006
Resolution No. 2024-006
January 17, 2023
RESOLUTION NO. 2024-006
RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, TO
RATIFY AND ACCEPT THE SAN BERNARDINO
COUNTY FIRE PROTECTION DISTRICT’S
(“DISTRICT”) ORDINANCE NO. FPD 23-01, WHICH
AMENDS AND ADOPTS THE 2022 EDITION OF THE
CALIFORNIA FIRE CODE, KNOWN AS CALIFORNIA
CODE OF REGULATIONS, TITLE 24, PART 9, BASED
ON THE 2021 EDITION OF THE INTERNATIONAL FIRE
CODE
WHEREAS, the San Bernardino County Fire Protection District (“District”) is authorized pursuant to Health and Safety Code section 13869.7 to adopt building standards relating to fire safety that are more stringent than the building standards adopted by the State Fire Marshall and contained in the California Building Standards Code; and WHEREAS, the City of San Bernardino (“City”) resides in the District’s jurisdiction and receives fire protection services from the District; and WHEREAS, on February 28, 2023, the District held a public hearing and adopted Ordinance No. FPD 20-01 (“District Fire Code Ordinance”) adopting and amending the 2022 California Fire Code and appendices thereto; and
WHEREAS, the District has transmitted the District Fire Code Ordinance to the City for ratification, pursuant to Health & Safety Code section 13869.7; and WHEREAS, Section 13869.7 provides that the District Fire Code Ordinance will only take effect upon the City’s ratification of the District Fire Code Ordinance; and WHEREAS, the Mayor and City Council of the City of San Bernardino (“City Council”) has examined the District Fire Code Ordinance and finds that it provides consistency in the application and enforcement of building and housing standards with an emphasis on local needs, and with the goal of protecting lives and property from fire damage; and WHEREAS, the Mayor and City Council finds and determines that the action of ratifying the District Fire Code Ordinance can be seen with certainty that there is no possibility that the District Fire Code Ordinance may have a significant adverse effect on the environment; thus, the adoption of the District Fire Code Ordinance is exempt from further environmental review under Section 15061(b)(3) of the State CEQA Guidelines; and
WHEREAS, the Mayor and City Council desires to ratify the District Fire Code Ordinance; and
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Resolution No. 2024-006
Resolution No. 2024-006
January 17, 2023
WHEREAS, the Mayor and City Council wishes to delegate the enforcement of the District Fire Code Ordinance to the District’s Chief, or his or her authorized representative.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The recitals above are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby ratifies the District Fire Code Ordinance. A true and correct copy of the District Fire Code Ordinance is attached as Exhibit A and incorporated herein by this reference.
SECTION 3. Pursuant to Health and Safety Code section 13869.7(h)(1), the City Council directs that the District Fire Code Ordinance shall be enforced within the District’s service area.
The District shall enforce the District’s Code within the City’s corporate limits, and the City’s Building Official shall enforce fire and panic safety and other regulations of the State Fire Marshal as they relate to R-3 dwellings.
SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 5. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution and the District Fire Code Ordinance with the California Department of Housing and Community Development.
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 take effect immediately upon adoption.
APPROVED AND ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Packet Page. 139
Resolution No. 2024-006
Resolution No. 2024-006
January 17, 2023
Attest:
_______________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
Packet Page. 140
Resolution No. 2024-006
Resolution No. 2024-006
January 17, 2023
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. 2024-006, adopted at a regular meeting held on the 17th day of January 2024 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 January 2024.
Genoveva Rocha, CMC, City Clerk
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.CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Director of Community Development and Housing
Department: Community Development and Housing
Subject: Irrevocable Agreement to Annex No. 2024-378 (Ward 4)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-007 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 4694 North F Street, San Bernardino, California, within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Executive Summary
The recommended action is the first step to initiate proceedings for the connection to the City sewer system. The Water San Bernardino Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and has indicated that the existing residential use is consistent with the City's General Plan.
Background
In October 2023, the San Bernardino Municipal Water Department received a request for sewer service from the owner of a parcel located at 4694 North F Street (APN:
0265-191-15) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection.
In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The Packet Page. 232
annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands.
In September of 1997, the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement.
The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future.
Discussion
The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 8-inch vitrified clay pipe sanitary sewer main within North F Street, fronting the subject parcel.
LAFCO requires the Agency providing the service to complete the application. The resolution will allow the city to submit an application to LAFCO if approved by the Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant.
2021-2025 Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area.
Fiscal Impact
There is no fiscal impact associated with this action. The $1,300 sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-007 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 4694 North F St, San Bernardino, California, within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Packet Page. 233
Attachments
Attachment 1 - Resolution No. 2024-007
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map
Attachment 4 - Exhibit C - Application
Ward:
Fourth Ward
Synopsis of Previous Council Actions:
September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries
Packet Page. 234
Resolution No. 2024-007
Resolution No. 2024-007
January 17, 2024
RESOLUTION NO. 2024-007
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY
SEWER SERVICES TO A PROPERTY LOCATED AT 4694
NORTH F STREET, SAN BERNARDINO, CALIFORINA,
WITHIN THE UNICORPORATED TERRITORY OF
ARROWHEAD FARMS; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN IRREVOCABLE
AGREEMENT TO ANNEX
WHEREAS, Debarros Family Revocable Trust (2/18), the owner of the property located 4694 North F Street, San Bernardino, California, in the unincorporated area known as Arrowhead Farms, also known as Assessor’s Parcel Number 0265-191-15, has requested connection to the City of San Bernardino’s sewage system; and
WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 4694 North F Street, Assessor’s Parcel Number 0265-191-15, more fully described as follows:
THE SOUTH ½ OF THE SOUTH 1/3 OF THE NORTH 3/5 OF LOT 1, ARROWHEAD SUBURBAN FARMS, AS PER PLAT RECORDED IN BOOK 21, PAGE 2 OF MAPS, RECORDS OF SAID COUNTY.
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Resolution No. 2024-007
Resolution No. 2024-007
January 17, 2024
APN # 0265-191-15-0-000
SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2024-378, a copy of which is attached as Exhibit “A”.
SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the 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 17th day of January 2024.
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. 2024-007
Resolution No. 2024-007
January 17, 2024
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. 2024-007, adopted at a regular meeting held on the 17th day of January 2024 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 ____________ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 237
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
IRREVOCABLE AGREEMENT TO ANNEX
No. 2024-378
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement”), is entered into this 17th day of January, 2024; by and between DeBarros Family Revocable Trust, dated February 18, 2021, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the one parcel, APN 0265-191-15-0000, located at 4694 North F Street, San Bernardino, California, and parcel is further described as follows:
T H E S O U T H ½ O F T H E S O U T H 1 / 3 O F T H E N O R T H 3 / 5 O F L O T 1 , A R R O W H E A D S U B U R B A N F A R M S , A S P E R P L A T R E C O R D E D I N B O O K 2 1 , P A G E 2 O F M A P S , R E C O R D S O F S A I D C O U N T Y .
A P N # 0 2 6 5 - 1 9 1 - 1 5 - 0 - 0 0 0
WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon t h e OWNER, heirs, successors and assigns.
NOW, THEREFORE, the Parties hereto agree as follows:
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____ SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system.
f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successors failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may Packet Page. 239
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the Packet Page. 240
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
__________________________________ _______________________________ Charles A. Montoya DeBarros Family Revocable Trust, dated City Manager February 18, 2021
______ _Marcello M. DeBarros_______
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
____
Name
__________________________________
Genoveva Rocha
CMC, City Clerk
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT B
Vicinity Map
Annex 2024-378 (Ward 4)
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Director of Community Development and Housing
Department: Community Development and Housing
Subject: Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation (15.30-437) of a Portion of
Harrist Street Between North I Street and J Street and
South of West 9th Street, and Reservation of Utilities
Therein (Ward 1)
Recommendation:
Adopt Resolution No. 2024-008 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a portion of Harris Street between North I Street and J Street and south of West 9th Street, and reservation of utilities therein.
Executive Summary
The recommended action will establish a Public Hearing date that is statutorily required to complete the street vacation process for a portion of Harris Street. The proposed street vacation will terminate this portion of public right of way and transfer ownership to the underlying property owner.
Background
Streets and Highways Code (SHC) Section 8312, gives a city legislative body the power to vacate all or part of an alley or street and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC Sections 8320 through 8325.
First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour and place of the hearing, followed by publishing and Packet Page. 247
posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of Harris Street was received on June 7, 2021, from O&A Development, LLC, the owner of five parcels located at the northern termination of Harris Street, west of the 215 Freeway and south W 9th Street. (APNs: 0139-261-21, 0139-262-16, 0139-262-21, 0139-262-18, and 0139-262-22). The stated reason for the petition to vacate this portion of Harris Street is to complete a Lot Merger to accommodate the future development of the five individual parcels, making them contiguous. Vacating this portion of the unused street will adjoin split parcels, thus maximizing future development.
On September 6, 2023, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate the street. On September 18, 2023, notices were sent out to City Departments, San Bernardino County Fire, and utility providers, including the Water Department, informing them of the proposed street vacation. Staff has received requests from the SoCal Gas Company, Southern California Edison, and the San Bernardino Municipal Water Department to reserve utility easements.
Discussion
The Resolution will set the date, time, and place of the public hearing as March 6, 2024, at 7:00 p.m. at 555 West 6th Street, San Bernardino, California in the Council Chambers. At that time, interested parties may present comments or evidence to the Mayor and City Council regarding the proposed street vacation. The Resolution of Intention will also direct staff to publish notices of the public hearing in the newspaper, as well as positing notices along the proposed street vacation and distributing notices to area stakeholders and residents located within 1,000 feet of the proposed street vacation, as required by the SHC sections 8322 and 8323.
Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15.30-437, with reservation of utility easements therein, and make a final order of vacation for the street as described in the Real Property Street Vacation.
The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation 15.30-437 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC Section 8325. Pursuant to SHC section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied.
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Environmental Determination
The street vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)3, the common sense exemption, where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating portions of the public right of way
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $2,040 in fees.
Conclusion
Adopt Resolution No. 2024-008 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a portion of Harris Street between N I Street and J Street and south of W 9th Street, and reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2024-008
Attachment 2 - Exhibit A - Legal Description & Plat Map Attachment 3 - Aerial Map
Ward:
First Ward
Synopsis of Previous Council Actions:
September 6, 2023 The Mayor and City Council authorized staff to proceed with an investigation and analysis for the proposed vacation of Harris Street.
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Resolution No. 2024-008
Resolution 2024-008
January 17, 2024
RESOLUTION NO. 2024-008
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENT TO CONDUCT A PUBLIC
HEARING TO ORDER THE VACATION OF A PORTION OF
HARRIS STREET BETWEEN NORTH I STREET AND J
STREET AND SOUTH OF WEST 9TH STREET, AND
RESERVATION OF UTILITIES THEREIN
WHEREAS, the Public Works Department previously received a petition to vacate a portion of Harris Street between North I Street and J Street and south of W 9th Street and the reservation of utilities therein; and
WHEREAS, the real property street vacation will allow for future development of an industrial project, the applicant will be merging multiple parcels in a manner that will maximize the utility of the site for future development; and
WHEREAS, the existing properties will be merged to form one contiguous site that meets the City’s industrial needs while satisfying the Development Code requirements; and WHEREAS, on September 6, 2023, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate this portion of Harris Street; and WHEREAS, on September 18, 2023, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, informing them of the proposed street vacation.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of San Bernardino, California, hereby declare its intention to order the vacation of a portion of Harris Street between North I Street and J Street and south of West 9th Street, and the reservation of utilities therein as described on the legal description attached hereto and incorporated as Exhibit “A” and depicted on the map attached hereto and incorporated herein as Exhibit “B”.
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating the above-described portions of said streets, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California.
SECTION 3. The hour of 7:00 p.m., on Wednesday, March 6, 2024, at 555 West 6th Street, San Bernardino, California, 92410, is fixed as the time and place when and where all Packet Page. 250
Resolution No. 2024-008
Resolution 2024-008
January 17, 2024
persons interested in or objecting to the proposed vacation areas may appear before the Mayor and City Council of San Bernardino, California, and offer evidence in relation hereto.
SECTION 4. The Mayor and City Council hereby direct the City Engineer of the City of San Bernardino to cause a Notice of Street Vacation to be posted as required by said “Public Streets, Highways and Service Easements Vacation Law.”
SECTION 5. The City Clerk shall certify the adoption of this Resolution of Intention and shall cause the same to be published once per week for two successive weeks in The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date set forth for the public hearing.
SECTION 6. The Mayor and City Council find this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)3, the common sense exemption, where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of January 2024.
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. 2024-008
Resolution 2024-008
January 17, 2024
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. 2024-008, adopted at a regular meeting held on the 17th day of January 2024 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 ____________ 2024.
Genoveva Rocha, CMC, City Clerk
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Real Property Street Vacation No.
15.30-437
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Director of Community Development and Housing
Department: Community Development and Housing
Subject: Resolution Declaring Intent to Annex Territory:
Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 41, Tax Zone No. 42 (Ono
Hawaiian BBQ) (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-009 of the Mayor and City Council 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. 41) 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 that are necessary to meet increased demands placed by development upon the City.
Discussion
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 streets, including pavement management; and
2. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; 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 .40 gross acres of an empty commercial lot. The property is located at the southeast corner of Spruce St and North H St. This development will include a drive thru Ono Hawaiian BBQ restaurant as a new Tax Zone No. 42 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the 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. 42), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $7,925 per acre 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 Packet Page. 258
maintenance exhibit to illustrate which services are being maintained by the CFD.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance, which are summarized below. • Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). • 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 $3,186 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 would be scheduled for March 6, 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 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. 2024-009 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 Packet Page. 259
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 41) and authorizing the levy of a special taxes therein.
Attachments
Attachment 1 – Resolution of Intention No. 2024-009
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:
First 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 “MelloRoos Community Facilities Act of 1982”.
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.
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Resolution No. 2024-009
Resolution No. 2024-009
January 17, 2024
RESOLUTION NO. 2024-009
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. 41) AND AUTHORIZING
THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 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 Packet Page. 261
Resolution No. 2024-009
Resolution No. 2024-009
January 17, 2024
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. 41, 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, March 6, 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. 2024-009
Resolution No. 2024-009
January 17, 2024
SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday March 6, 2024 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 17th day of January 2024.
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. 2024-009
Resolution No. 2024-009
January 17, 2024
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. 2024-009, adopted at a regular meeting held on the 17th day of January 2024 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 ____________ 2024.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 41 is currently comprised of four (4) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0134-054-01 Inland Maple Partners LLC
0134-054-35 Inland Maple Partners LLC
0134-054-37 Inland Maple Partners LLC
0134-054-39 Inland Maple Partners 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 attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.
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EXHIBIT 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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City of San Bernardino 2
Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 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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City of San Bernardino 3
Community Facilities District No. 2019-1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
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City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Packet Page. 270
City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 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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City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)
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Community Facilities District No. 2019-1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Packet Page. 273
City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Page. 274
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.
Packet Page. 276
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 42
PM 20216
Item Description Estimated Cost
1 Streets $1,643
2 Drainage $258
3 Reserves $285
4 Admin $1,000
Total $3,186
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 42
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
Non-Residential Property Acre $7,925 $0
TAX ZONE 42
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $7,925 $0
Packet Page. 277
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 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC Packet Page. 278
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.
Packet Page. 279
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.
Packet Page. 280
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 Packet Page. 281
EXHIBIT
D
SHEET 1 OF 1 ANNEXATION MAP SHEET
COMMUNITY FACILITIES DISTRICT NO. NO. 41
2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STAT E 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,
STAT E OF
CALIFORNIA.
SAN BERNARDINO COUNTY RECORDER'S
CERTIFICATE
THIS MAP WAS FILED UNDER DOCUMENT
NUMBER
_____________, THIS _______ DAY OF _______,
20 ____,
AT _____ M. IN BOOK _____ OF ______________ AT
PAGE ____,
AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE
AMOUNT
OF $_____________.
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,
STAT E OF CALIFORNIA.
CHRIS WILHITE
ASSESSOR-RECORDER
SAN BERNARDINO
COUNTY
BY:___________________________
_____
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING DEPUTY RECORDER
PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN
BERNARDINO,
COUNTY OF SAN BERNARDINO, STAT E OF
CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY
OF SAN
BERNARDINO AT A REGULAR MEETING
THEREOF, HELD
ON THE ____ DAY OF
____________________,
20 ____.
BY ITS RESOLUTION NO.
____________________
___________________________________
______
CITY CLERK, CITY OF SAN BERNARDINO
0134-054-
01 FILED IN THE OFFICE OF THE CITY CLERK THIS _____
DAY OF
________, 20 ____. 42
___________________________________
______
CITY CLERK, CITY OF SAN BERNARDINO
0134-054-
39 0134-054-
35 þ
18 þ
330
¤
66 þ210 þ þ 259 0 ¤
66 LEGEN
D
CFD 2019-1
TAX ZONE _ 42 ¤
66 ANNEXATION AREA
BOUNDARY
§¦ PARCEL LINE
215 þ
38 CITY §¦ BOUNDARY
10 XXX-XXXXXX
42 ASSESSOR PARCEL
NUMBER
TAX ZONE - 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. Packet Page. 282
Packet Page. 283
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 Packet Page. 284
City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this _1_3_th_ day of _D__e_c_e_m_b_e_r_, 20_2_3_. [NAME OF LANDOWNER]
Inland Maple Partners, LLC By: _____________________________________ Name: David Friedman
Title: Developer
OWNER'S PROPERTY:
TRACT MAP OR PARCEL MAP NO.
or PROJECT NO.
OWNER'S MAILING ADDRESS:
3_9_5__N___E__S_t_re__e_t_S_t_e_.__#_1_0_4_ _S__a_n__B_e_r_n_a_r_d_i_n_o_,__ CA 92401
__________________________________________
__________________________________________
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS ____ DAY OF __________, 20___.
_____________________________________
City Clerk of the City Council of the
City of San Bernardino
Packet Page. 285
INSERT EXHIBIT A: BOUNDARY DESCRIPTION
Please refer to the below Lot Merger Packet
exhibits for the boundary description.
Packet Page. 286
EXHIBIT “A”
LOT MERGER NO. 2023-011
LEGAL DESCRIPTION BEFORE LOT MERGER
PARCEL 1:
THE NORTH 50 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF LOT 4, BLOCK 39, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 1, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4;
THENCE NORTH 00º 00' 00" EAST ALONG THE WEST LINE OF SAID LOT, 167.00 FEET, MORE OR LESS, TO A POINT 131.00 FEET SOUTH 00º 00' 00" EAST OF THE NORTHWEST CORNER OF SAID LOT;
THENCE NORTH 90º 00' 00" EAST 100.00 FEET, MORE OR LESS, TO A POINT 48.00 FEET WEST OF THE EAST LINE OF SAID LOT 4;
THENCE SOUTH 00º 00' 00" EAST TO A POINT 136.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT;
THENCE NORTH 90º 00' 00" WEST 2.00 FEET;
THENCE SOUTH 00º 00' 00" EAST 136.00 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 00º 00' 00" WEST, ALONG THE SOUTH LINE OF SAID LOT, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION EAST AND SOUTH OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH 00º 00' 00" EAST, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 126.25 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 89º 46' 08" WEST 50.93 FEET;
THENCE SOUTH 00º 13' 52" WEST 25.00 FEET;
THENCE NORTH 89º 46' 08" WEST 96.67 FEET TO A POINT IN THE WEST LINE OF SAID LOT 4, SAID POINT BEING THE POINT OF TERMINUS.
SAID LAND IS PURSUANT TO THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED ON DECEMBER 16, 2021 AS INSTRUMENT NO.
2021-562416, OFFICIAL RECORDS OF SAID COUNTY.