CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 6, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya , City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Accept 2022 Homeland Security Grant (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution No 2024-042:
1. Authorizing the acceptance of the 2022 Homeland Security Grant Program funds and
2. Amending the Fiscal Year 2023/24 Adopted Budget revenue and expenditures by $38,521
Executive Summary
The City of San Bernardino receives formulary grant funds for the Homeland Security Grant Program (HSGP) each year. The award for the Fiscal Year 2022 program was $38,521. The Police Department will use the funds to support projects that will help it prevent and/or respond to terrorism-related events.
Background
The City of San Bernardino is a participating jurisdiction in the Homeland Security Grant Program. The purpose of the grant program is the support of state, local, tribal, and territorial jurisdictions in the efforts toward preventing, protecting against, mitigating, responding to, and recovering from acts of terrorism or other threats. The Police Department is responsible for this grant and has previously used HSGP funds to improve its response capabilities toward terrorism-related events. The City received $38,521 in funds for the Fiscal Year 2022 HSGP grant.
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Discussion
The San Bernardino Police Department receives non-competitive formulary HSGP funds as a sub-recipient of the County of San Bernardino. The County charges an administrative fee of 5% and distributes the remaining grant funds among the cities and towns within the County. Each city’s portion is determined on a per capita basis and the City of San Bernardino’s award for FY2022 HSGP funds was $38,521.
The HSGP grant is designed to fund projects related to preparing for, responding to, mitigating, and recovering from terrorism or other threats to homeland security. This is a reimbursement grant that is awarded each year. The grant performance period will last from July 1, 2023, through March 31, 2025. The Police Department will use the grant funds to complete grant projects that comply with grant terms and goals. 2021-2025 Strategic Targets and Goals
This request to authorize the receipt and expenditure of Fiscal year 2022 HSGP funds aligns with Key Target No. 1. Improved Operational and Financial Capacity: c.
Implement, maintain, and update a fiscal accountability plan.
Fiscal Impact
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No 2024-042:
1. Authorizing the acceptance of the 2022 Homeland Security Grant Program funds and
2. Amending the Fiscal Year 2023/24 Adopted Budget revenue and expenditures by $38,521
FINANCIAL
DATA
Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost:
COST $ 38,521 $ 0 $ 38,521 $ 0
GENERAL
FUND
SHARE
$ 0 $ 0 $ 0 $
SOURCE OF FUNDS:
The additional funds will be supplied by the
FY 2022 HSGP Grant.
Budget Adjustment:
Yes
For Fiscal Year: 23/24
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Attachments
1. Attachment 1 Resolution No 2024-042
2. Attachment 2 HSGP Grant Agreement Documents
Ward:
All Wards
Synopsis of Previous Council Actions:
July 19, 2023 Mayor and City Council adopted Resolution No. 2023-106 to accept FY 21HSGP grant funds
January 19, 2022 Mayor and City Council adopted Resolution No. 2022-08 to accept FY20 HSGP grant funds
February 5, 2020 Mayor and City Council adopted Resolution No. 2020-29 to accept the FY28 HSGP grant funds
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Resolution No. 2024-042
Resolution 2024-042
March 6, 2024
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RESOLUTION NO. 2024-042
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE ACCEPTANCE OF THE 2022
HOMELAND SECURITY GRANT PROGRAM FUNDS AND
AMENDING THE FISCAL YEAR 2023/24 ADOPTED
BUDGET REVENUE AND EXPENDITURES BY $38,521.
WHEREAS, The City of San Bernardino is a participating jurisdiction in the Homeland Security Grant Program (HSGP) and has used funds from the program to purchase equipment that enables the City to better prevent, protect against, mitigate, respond to, and recover from acts of terrorism or other threats; and
WHEREAS, on December, 7 2023, the Police Department received notification that the City was awarded $38,521 in HSGP funds from the Fiscal Year 2022 grant project.
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 City Manager or his designee is hereby authorized to accept the Fiscal Year 2022 HSGP grant in the amount of $38,521 and execute any documents as may be necessary to accept grant funds.
SECTION 3. The Director of Finance and Management Services is hereby authorized to amend the FY2023/24 Adopted Budget , appropriating $38,521 in revenue and expenditure.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-042
Resolution 2024-042
March 6, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of March 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. 2024-042
Resolution 2024-042
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-042, adopted at a regular meeting held on the 6 th day of March 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 March 2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Amanda Hernandez, Economic Development Division Manager Economic Development
Round Two American Rescue Plan Act-Funded Small
Business Grant Program (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the remaining $425,000 for small business grants of $2,500 and $5,000.
Executive Summary
This is the second round of funding for
the American Rescue Plan Act-Funded Small
Business Grant Program allocating $425,000 towards grants ranging from $2,500 to $5,000.
Background
The City of San Bernardino was awarded $77 million under the American Rescue Plan Act (ARPA). The City
received $38.5 million in May 2021, with the remainder of the funds to be received in 2022. Treasury issued the final ARPA guidance for the use of the funds on January 6, 2022, providing clarification on allowable investments, but generally not expanding the list of eligible projects and programs. The City is working within the guidance, focusing on investments in Qualified Census Tracts (QCTs) and other priority investments.
Within the allowable investments includes assistance for small businesses that can demonstrate a negative impact from COVID-19. In February 2022, Council requested that staff evaluate a small business/non-profit grant program. At the February 2, 2022, Council Meeting, Council unanimously approved Resolution No. 2022-26 allocating $3,000,000 for grant program funding.
Providing assistance to small businesses that can demonstrate a negative impact from the COVID-19 pandemic is specifically allowed under the ARPA Treasury guidelines and is a priority of Council. The guidelines provide foundational criteria for such a
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program, which can be viewed in Attachment 2 or Agenda Item 8727 from Council meeting February 2, 2022. Council may develop a more restrictive, but not less restrictive, definition for the program.
In 2022, City staff received and took Council’s direction to develop a Round One small business and non-profit grant assistance program for San Bernardino based organizations. In collaboration with the Inland Empire Small Business Development Center (SBDC), staff crafted a framework for grant assistance to businesses and organizations that were negatively impacted by COVID-19 or are qualified as an “underserved small business group.” In order to promote the greatest small business and non-profit support, the program required applicants to participate in business training offered by SBDC.
As part of the first round of funding, the City of San Bernardino awarded $2,575,000 in grants to 105 local small businesses and non-profits as part of a grant program to support organizations impacted by the pandemic. Individual grant amounts ranged from $10,000 to as much as $35,000, per Council’s February 2, 2022, direction. A total of 87 local small businesses and 18 non-profit organizations received grants.
Discussion
Small Business Grant Assistance
There is $425,000 remaining to be awarded in this second-round program. The second round of funding will
provide grants at a lower award amount in order to capture the small businesses that were not eligible or did not receive funding in the first round of funding. With the Council’s July 19, 2023, direction, staff created guidelines that capture small businesses that make less than the $50,000 annual revenue required for the $10,000 base level of funding in the first round. The goal with the second round of the program is to provide an opportunity for funding to the businesses that were either not eligible or unable to receive a grant in the first round.
Award Amount
For Profit Small Business - $2,500 - $5,000
ELIGIBLE BUSINESS GROSS REVENUE
(2019, 2020, 2021, or 2022 taxable year)
GRANT AWARD AVAILABLE PER
BUSINESS
Annual gross revenue under $50,000 $2,500
Annual gross revenue equal or greater
than $50,000 up to $2,500,000
$5,000
Eligibility
All eligible businesses are invited to apply. Businesses which have previously received alternative sources of funding such as the Economic Injury Disaster Loan (EIDL), Paycheck Protection Program (PPP) Loan, State, or County of San Bernardino grants are eligible to apply. An applicant is ineligible for funding if they received funding in the
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City first-round ARPA-funded grant program, or if the business will receive or received funding the City’s future ARPA-funded facade improvement program. An eligible business shall receive only one source of funding from the available City ARPA-funded small business assistance grant programs.
The program is based on the availability of funds, program guidelines and submission of all required information and supporting documentation. Small businesses, including home-based businesses, with a maximum of five hundred (500) employees (full and part-time) may be eligible to receive a working capital grant after attending one (1) mandatory, free, one-on-one consulting session. Additionally, the grant may be used for working capital to cover the day-to-day business operating expenses such as rent/lease payments, mortgage payments, payroll and benefit costs, utility expenses, inventory, Personal Protection Equipment (PPE) or other similar expenses that occur in the ordinary course of operations.
Applications to the grant program will be made available via the Small Business Development Center's online form on Wednesday, May 1, 2024, via the City’s Economic Development website.
Marketing
Staff plans to market this opportunity to the eligible business community through various methods, including:
• Digital
o Flyers, brochures, and digital media will be shared across all digital platforms available, including Instagram, Facebook, email-newsletters, website articles, and more.
• Physical
o Staff will connect with business resource groups at in-person meetings to share the opportunity and how to apply to the program. Staff will also advertise the opportunity with door-to-door outreach in key commercial nodes.
• Mail
o Staff will collaborate with Water Department billing to use mail efforts to notify businesses of the opportunity and provide resource information. 2021-2025 Strategic Targets and Goals
The use of the American Rescue Plan Funds as outlined
aligns with Key Target No.
3. Improved
Quality of Life by investing in projects and services that positively impact health, access to shelter and services, and improve the outdoor and built environment in the San Bernardin o community; and Key Target N o. 4. Econ omic Growth and Development by investing in economic development of local San Bernardino-based businesses.
Fiscal Impact
There is no General Fund fiscal impact associated with the use of American Rescue Plan funds.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the remaining $425,000 for small business grants of $2,500 and $5,000.
Attachments
Attachment 1 City of San Bernardino Round Two Small Business Grant Guidelines
Attachment 2 US Treasury ARPA Guidelines
Attachment 3 Round Two City of San Bernardino Small Business Grant PowerPoint Presentation
Ward:
All Wards
Synopsis of Previous Council Actions:
August 4, 2021 Mayor and City Council received a report and discussed the allocation of American Rescue Plan funds.
October 20, 2021 Mayor and Council committed American Rescue Plan funds to eligible projects and programs, and amended the 2021/22 Budget by $8,160,000. Resolution 2021-247
February 2, 2022 Mayor and Council committed American Rescue Plan funds to eligible projects and programs. Resolution 2022-26.
September 21, 2022 Mayor and Council approved Round One Small Business and Non-Profit Training & Grant Program Guidelines
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San Bernardino American Rescue Plan
Act (ARPA) Program
COVID-19 Related
Small Business Grant Program
Round Two
Guidelines
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City of San Bernardino
Small Business Grant Program, Round Two 2023
Program Overview
About the Program
As part of the American Rescue Plan Act (ARPA) initiative, the City of San Bernardino (the City) has partnered with the Inland Empire Small Business Development Center (SBDC) to offer the Small Business Grant Program, Round Two (Grant Program). The Grant Program will provide free consultations and funding to small businesses needing financial assistance in overcoming the loss of revenue due to the COVID-19 pandemic. All eligible businesses are invited to apply.
Businesses which have previously received alternative sources of funding such as the Economic Injury Disaster Loan (EIDL), Paycheck Protection Program (PPP) Loan, State, or County of San Bernardino grants are eligible to apply. Businesses that received grant funding during the first round of the San Bernardino ARPA-Funded grant program are not eligible to apply. The program is based on the availability of funds, program guidelines, and submission of all required information and supporting documentation. Small businesses, including home-based businesses, with a maximum of five hundred (500) employees (full and part-time) may be eligible to receive a working capital grant after attending a free, mandatory, one-on-one consulting session with SBDC.
The grant may be used for working capital to cover the day-to-day business operating expenses such as rent/lease payments, mortgage payments, payroll and benefit costs, utility expenses, inventory, Personal Protection Equipment (PPE) or other similar expenses that occur in the ordinary course of operations.
Funding Availability
In May 2021, the U.S. Department of Treasury allocated funds from the American Rescue Plan Act of 2021 (ARPA) to the City of San Bernardino for COVID-19 response, relief, and reinvestment. The City Council allocated up to three million dollars ($3,000,000) for the Small Business & Non-Profit Training & Grant Program. In the first round of funding, $2,575,000 was successfully issued in grants to 87 local small businesses and 18 non-profit organizations. The $425,000 in remaining funds will be used for this Round Two Grant Program for small businesses.
These funds are to be used to mitigate financial hardship caused by declines in revenues due to the COVID-19 public health emergency.
The City’s Economic Development Department will be responsible for oversight of the Grant Program and disbursement of funds will take place through the City’s Finance Department. The City’s Program Partner, the SBDC, will be responsible for program administration, application processing, one-on-one consulting, and for review and approval of financial and business documentation for disbursement approval. City staff are obligated to fulfill the terms and conditions of the funds as established by the City Council, these program guidelines, and Federal, State, and local rules and regulations.
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City of San Bernardino
Small Business Grant Program, Round Two 2023
Grant Award
•For Profit Small Business - $2,500 - $5,000
ELIGIBLE BUSINESS GROSS
REVENUE (2019, 2020, 2021, or 2022
taxable year)
GRANT AWARD AVAILABLE PER
BUSINESS
Annual gross revenue under $50,000 $2,500
Annual gross revenue equal or greater
than $50,000 up to $2,500,000
$5,000
Program Description
The Small Business Grant Program, under SBDC’s leadership and training, is aimed at assisting small businesses with driving their organizations to the next level. During the free business consultation period, business owners will work on putting together their path towards growth as they evaluate and develop their metrics, benchmarks, teams, financials, triggers, and strategies to reach the next level of growth. Trainees will learn how to de-risk expansion and get involved in proactive growth.
Program Structure
●Completion of one (1) mandatory 1:1 free business consultation meeting with an SBDC consultant as part of this program (no previous 1:1 consultation with SBDC may substitute) City Reserved Rights
The City reserves the unqualified right, in its sole and absolute discretion at any time: (1) to amend or terminate this program with no recourse for any proposing applicant; (2) to choose or reject any or all applications received in response to this program; (3) to modify the application deadlines; (4) to request additional information of the applicants as deemed necessary and appropriate by the City; (5) to conduct further due diligence with applicants or any third party; (6) to modify the City's objectives or the scope of the program; (7) to modify program requirements, general terms and conditions, or eligible activities; and/or (8) to disqualify any proposing applicant on the basis of any real or perceived conflict of interest that is disclosed or revealed by materials submitted or by any data available to the City.
Eligibility
To be eligible to apply for the Small Business Grant Program, a business must meet certain criteria that has been established by the City of San Bernardino and the guidelines set forth by the U.S.
Department of Treasury for utilizing ARPA funds. The business must also demonstrate the need for financial support resulting from the loss of revenue due to the impact of COVID-19.
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City of San Bernardino
Small Business Grant Program, Round Two 2023
General Terms and Conditions
The business applicant must meet the following minimum requirements to be considered for grant funding:
1) The business must be physically located in the City of San Bernardino; 2) Be a “small business” defined as having fewer than 500 employees, OR be a “home-based business,”
a) The Applicant acknowledges and agrees that if the Applicant receives a grant and the Applicant’s organization ceases to operate, the Applicant may be subject to return all or any portion of such grant.
3) Residential or real estate projects including short-term rental operators and real estate agents, car washes, storage facilities, smoke shops, adult stores, and gas stations are not eligible;
4) Have an active San Bernardino Business License and/or Home Occupation Permit since at least May 11, 2023 (The federal COVID-19 public health emergency declaration ended on May 11, 2023), or prior at the time of the application; 5) The business must be in good standing with the City (current on bills, no liens or judgements, etc.), unless directly correlated to COVID-19 impacts; 6) The business must not be suspended or debarred or otherwise excluded from receiving Federal funding;
7) The business must complete the required consultation; 8) The business must submit the application and all required supporting documentation; and 9) The business applicant must certify that they were negatively impacted by the COVID-19 pandemic. Examples of a business being negatively affected by the pandemic include, but are not limited to:
a) A decrease of 25% or greater in sales.
b) The business has had to lay off at least one of its employees (Full or Part time). c) One or more of the employees in the business have contracted COVID-19, while at work.
d) Qualified as an “underserved small business group” (if this is satisfactorily met, no other hardship must be provided).
i) Women, minorities (people of color), veteran-owned business where the majority (at least 51%) of the business is owned and run on a daily basis by said group(s) ii) Businesses operating in “low-to-moderate income (LMI)” or “qualified census tract” communities
(1) “Low-to-Moderate Income (LMI)” or “qualified census tract” means any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50% of households have an income less than 60 percent of the Area Median Gross Income (AMGI), or which has a poverty rate of at least 25%.
* City employees and elected and appointed officials are not eligible to participate in this program.
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City of San Bernardino
Small Business Grant Program, Round Two 2023
Eligible Activities
Eligible activities for the use of funds should be used to cover fixed expenses for the business. The primary fixed expenses include such items as rent or mortgage expense, utilities, inventory, payroll and benefit costs, PPE, or other operational expenses for the business. Applicants will fill out a section of the application form that will breakdown how the funds will be spent within their business (“Spending Plan”). Each applicant will need to sign and verify that the use of funds will be spent on business expenses, such as those expressed above. Any use of funding other than that to support the business is strictly prohibited and may result in the applicant being subject to return all or any portion of such grant.
Eligible expenses are considered necessary expenditures that provide economic support in connection with the COVID-19 public health emergency. In the event a business does not expend the funds in the manner consistent with the Spending Plan as outlined in the application or does not expend the entire grant amount, the business will be required to submit a report to the City no later than December 31, 2024, identifying how the funds were spent. If there is a remaining balance, the business may be required to return the funds to the City.
The following is a nonexclusive list of expenditures that shall not constitute Eligible Expenses payable from the grant amount:
(1) Damages covered by insurance.
(2) Expenses that have been or will be reimbursed or recovered through other funding programs, such as the reimbursement by the federal government pursuant to the CARES Act or contributions by States to State unemployment funds. (3) Reimbursement to donors for donated items or services. (4) Workforce bonuses other than hazard pay or overtime. (6) Severance pay.
(6) Legal expenses or settlements.
(7) Debt service or loan repayment.
Equal Opportunity Policy
The City of San Bernardino and the SBDC shall not discriminate upon the basis of sex, age, race, creed, color, religion, national origin, marital status, ancestry, or physical handicap in accepting applications and processing program applications.
Application Process
Application
The Small Business Grant Program, Round Two application includes information about the small business, the number of employees in the business, location of the business, amount of time in business, a Spending Plan, and demographic questions of the owner. The application and Grant Agreement will require the following Attestations:
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City of San Bernardino
Small Business Grant Program, Round Two 2023
• The business was negatively impacted by the COVID-19 pandemic. • As of a minimum of six months prior to application, the small business, including home- based businesses, has a maximum of five hundred (500) employees (full and part-time); and is operating within city limits.
• Certification that the business is able to produce financial records to show the economic losses, if requested.
• Certification that financial loss and grant amount spending records will be available for audit when requested. The business must maintain records through December 31, 2029.
Application Period
The business grant application will be available in English and Spanish starting at 9:00 am on Wednesday, May 1, 2024. Applicants must apply for the grant program by visiting https://www.sbcity.org/city_hall/community_economic_development/economic_development and submitting the application online through the SBDC portal.
The City anticipates the number of applications will exceed the amount of funding available for disbursement. The City will disburse grants until all funds are depleted.
Applications will be received on a first-come, first-serve basis. Eligible applicants will be notified immediately after their eligible SBDC consultation is completed and will then be asked to submit any remaining required business and financial documentation for review and verification. Once applications have been pre-approved based on eligibility, they will be assigned priority for award upon completion of all requirements. Completion of the mandatory consultation and completed submission of requested documentation constitutes the applicant’s first-come, first-serve priority in being selected to receive funding.
Documentation Requirements
The applicant will be required to submit the following documents for review and verification in order to receive the grant:
•Complete grant application;
•An acceptable form of government-issued photo ID provided as a PDF only; •Certificate of Insurance;
•Current copy of San Bernardino City Business License and license number; •W-9;
•The most recent monthly bank statement;
•Most recent federal tax return filed, and tax return used for proof of revenue; •Planned use of funds form (Spending Plan);
•A signed City of San Bernardino Small Business Grant Agreement, which includes business impact statement and self-certification;
•Information about the small business, including but not limited to, the number of employees, location, demographics of owner, and identification of an owner; and
•Acknowledgment and self-certification of the program requirements and documentation should they be selected to proceed in the application process.
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City of San Bernardino
Small Business Grant Program, Round Two 2023
In addition, applicants must self-certify:
For for-profit businesses:
The Applicant understands that it is ineligible to receive a grant under the Program if any owner of greater than 10% of the equity interest in the Applicant:
(i) has within the prior three-years been convicted of or had a civil judgment rendered against such owner, or has had commenced any form of parole or probation (including probation before judgment), for (A) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, (B) violation of federal or state anti-trust or procurement statutes, or (C) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or (ii) is presently indicted for or otherwise criminally or civilly charged by a government entity, (federal, state or local) with commission of any of the offenses enumerated in subparagraph (i) above.
Although selection is not guaranteed, businesses should begin to collect the required documentation in order to expedite the approval process in the event they are selected.
Grant Review and Approval Process
Review
The application will be reviewed by the SBDC to determine application completeness and preliminary eligibility. The application must be complete to be considered eligible.
First-come, First-serve
The City of San Bernardino is expecting the Small Business Grant Program, Round Two to have a significant number of applications. Completion of the mandatory consultation and completed submission of requested documentation constitutes the applicant’s priority in being selected to receive funding. Applicants will not be added to the first-come, first-serve queue until all requirements are completed.
Applicants will receive directions on how to schedule a one-on-one consultation and how to submit required documentation. It is the responsibility of the applicant to ensure required steps are completed in order to remain eligible for funding.
Consultations and document submission must be completed within thirty (30) days of the initial application submission date through the SBDC portal. Should an applicant not meet application requirements within 30 days of their application submission, they will be dropped from the review process. If an applicant is dropped from the process for not adhering to this deadline requirement, they are eligible to submit an application again under these same guidelines to restart the process.
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Small Business Grant Program, Round Two 2023
Verification and Eligibility Determination
The SBDC shall request the applicant submit all required documentation for review and verification for grant approval. SBDC will assign a consultant to work with each individual applicant to assist with completing all required documentation. Applicant’s documentation will be submitted directly to SBDC on a secured site. SBDC will perform verification of applicant’s documentation in accordance with these guideline requirements. If documents are not submitted in a timely manner, the applicant will be dropped from the process.
Grant Disbursement
The application will be open on a rolling basis until all funds have been disbursed to depletion.
Only one grant will be issued per applicant, per person, per business, per entity, whichever is the lesser. No business that received funding in the first round ARPA-funded grant program is eligible. A business cannot receive funding from both the round-two grant and a façade improvement grant from the ARPA-funded program. All grant funds must be dispersed by the deadline given in the ARPA guidelines. From the time the award decision is approved and an applicant is notified, the City has ninety (90) business days to complete payment through the designated payment method. Awardees will be expected to pick up their grant check in person.
Grant Report
Eligible expenses are considered necessary expenditures that provide economic support in connection with the COVID-19 public health emergency. In the event a business does not expend the entire grant amount, the business may be required to return the remaining balance.
The business recipient shall keep documentation evidencing use of the Grant Funds. The City may request to evaluate the business’s compliance with the Grant program. If it is determined the business did not expend the funds consistent with the Eligible Activities or as described in the Spending Plan, it may constitute an Event of Default under the Grant Agreement.
Post Grant Follow Up
The SBDC will continue to work with each grantee throughout the next twelve (12) months. If contacted by the City or SBDC, all awardees will be required to update the City on their business and if additional employees have been hired or employees retained. A twelve-month report may be created by the SBDC and the City of San Bernardino to document the success of the program.
By acceptance of the grant, the business agrees to comply with City information requests that may include use of photos or business logos.
Program Complaint and Appeal Process
Complaints concerning the Small Business Grant Program should be made to the City of San Bernardino Economic Development Department. If unresolved in this manner, the complaint or appeal shall be made in writing and filed with the City Manager’s Office.
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Small Business Grant Program, Round Two 2023
City Reserves Rights
The City reserves the unqualified right, in its sole and absolute discretion at any time: (1) to amend or terminate this program with no recourse for any proposing applicant; (2) to choose or reject any or all applications received in response to this program; (3) to modify the application deadlines; (4) to request additional information of the applicants as deemed necessary and appropriate by the City; (5) to conduct further due diligence with applicants or any third party; (6) to modify the City's objectives or the scope of the program; (7) to modify program requirements, general terms and conditions, or eligible activities; and/or (8) to disqualify any proposing applicant on the basis of any real or perceived conflict of interest that is disclosed or revealed by materials submitted or by any data available to the City.
Contact Information
For additional information regarding the Round Two Small Business Grant Program, please contact the following:
City of San Bernardino
Economic Development Department
201 North E Street, 3rd Floor
San Bernardino, CA 92401
[email protected]
For questions about the guidelines and application or assistance in completing the application, please contact the SBDC at:
Paul Nolta,
Director
Inland Empire SBDC at CSUSB
951-781-2345 office
[email protected]
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21 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Assistance to Small Businesses
Small businesses have faced widespread challenges due to the pandemic, including periods of shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses where pre-existing disparities like lack of access to capital compounded the pandemic’s effects.
Small businesses eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “small business,” specifically:
1. Have no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and
2. Are a small business concern as defined in section 3 of the Small Business Act8 (which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation).
Impacted Small Businesses
Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:
✓ Decreased revenue or gross receipts
✓ Financial insecurity
✓ Increased costs
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses:
✓ Loans or grants to mitigate financial
hardship, such as by supporting payroll
and benefits, costs to retain employees,
and mortgage, rent, utility, and other
operating costs
✓ Technical assistance, counseling, or other
services to support business planning
Disproportionately Impacted Small Businesses
Treasury presumes that the following small businesses are disproportionately impacted by the pandemic:
8 15 U.S.C. 632.
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22 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
✓ Small businesses operating in Qualified
Census Tracts
✓ Small businesses operated by Tribal
governments or on Tribal lands
✓ Small businesses operating in the U.S.
territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses, which have been expanded under the final rule:
✓ Rehabilitation of commercial properties,
storefront improvements & façade
improvements
✓ Technical assistance, business incubators &
grants for start-up or expansion costs for
small businesses
✓ Support for microbusinesses, including
financial, childcare, and transportation costs
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City of San Bernardino
American Rescue Plan Act (ARPA)
Program
COVID-19 Related
Round Two Small Business Grant Program
Amanda Hernandez, Economic Development Division
Manager
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Business Grants – Discussion
Presentation Overview
• Background on ARPA Funding
• Grant Program
• Next Steps
• Grant Program Partnership
• Discussion
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Rescue Plan Funds – Background
3 • San Bernardino’s Allocation: $77 Million
• Final Rule Issued January 6, 2022, effective
4/1/2022
• Opportunities in Qualified Census Tracts (QCTs)
• All funds must be obligated by Dec. 31, 2024,
and spent by Dec. 31, 2026
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Rescue Plan Funds – Background
4 • February 2, 2022 - Resolution 2022-26
• Approved allocating $5,000,000, for the Small Business and Non-Profit Assistance Grant Program
• $3,000,000 for grant program funding
• First round of funding awarded $2,575,000 in grants to 87 local small businesses and 18 non-profit
organizations
• Second round of funding will award the remaining
$425,000
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Round Two Small Business Grant
Program
5 Small Business Grant Program
• Negative economic impact due to
pandemic
• Operating or capital expenses
• Grants: $2,500 to $5,000 (depending
on qualifications)
Total: $425,000
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Round Two Small Business Grant
Program
6 • Have an active San Bernardino Business License
and/or Home Occupation Permit since at least May
11, 2023, or prior at the time of the application
• Prove negative economic impact
• Includes areas (Qualified Census Tracts) and
populations designated as having been
disproportionately impacted
Total: $425,000
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Round Two Small Business Grant
Program
7 Total: $425,000
ELIGIBLE BUSINESS GROSS
REVENUE (2019, 2020, 2021, or 2022
taxable year)
GRANT AWARD AVAILABLE
PER BUSINESS
Annual gross revenue under $50,000 $2,500
Annual gross revenue equal or greater
than $50,000 up to $2,500,000
$5,000
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Next Steps - Application
8 • Application will be available in English and Spanish starting at 9:00 am on Wednesday, May 1, 2024
• Access the application through the City’s Economic
Development website
• First-come, first-serve priority
• https://www.sbcity.org/city_hall/community_economic_deve lopment/economic_development
Total: $425,000
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Grant Program Partnership
Small Business
Development Center
• Marketing & Outreach
• Program Application
• Consultations
• Reporting & Tracking
Free Small Business Resources
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DISCUSSION
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 6, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Joshua Dramitinos, Deputy Director of Economic Development Department: Community, Housing, & Economic Development
Subject: Amendment No. 4 to the Lease Agreement with Vanir Tower Building Inc. (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 4 to the Lease Agreement with Vanir Tower Building, Inc., for 290 North D Street, San Bernardino, California; increasing the rental space to include Suite 101B, extending the Lease Agreement through June 30, 2026, and authorizing the Director of Finance and Management Services to amend the FY 2023/24 Operating Budget in the amount of $139,736 to support the costs associated with increasing the rental space with Vanir Tower Building, Inc.
Executive Summary
This action will increase the leased office space at the Vanir Tower Building by 4,956 square feet and extend the existing Vanir Tower Building Lease for an additional two- year period.
Background
On November 21, 2016, the Mayor and City Council approved Resolution No. 2016- 240, directing the City Manager to execute a Lease Agreement for office space with Vanir Tower, Inc., for office space located at 290 North D Street, San Bernardino, California, to house City staff. The Agreement was amended on March 6, 2017, via Resolution No. 2017-039, resetting the lease period to commence on April 15, 2017, for a two-year period with the option of two six-month extension periods. On April 3, 2019, the Mayor and City Council authorized the City Manager to exercise both of the six-month extension options, extending the Lease Agreement term through April 15, 2020.
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On July 1, 2020, the Mayor and City Council approved Amendment No. 2 to the Lease Agreement, eliminating space on the 8 th floor of the Vanir Tower Building, and extended the Lease Agreement term through June 30, 2021. The extension was intended to allow staff time to evaluate the City’s office space needs and present a longer-term option to the Mayor and City Council prior to the expiration of the lease term.
On March 3, 2021, after staff determined that the shared office space on the 3rd floor presented operational challenges, the Mayor and the City Council approved Amendment No. 3 to the Lease Agreement, adding additional office space located on the 8th floor and extended the Lease Agreement through June 30, 2024.
Discussion
Staff has continued to monitor and evaluate the City’s office spacing needs. Staff has determined that the current office space provided under Amendment No. 3 to the Lease Agreement with Vanir Tower Building, Inc. is not sufficient to accommodate the City‘s current staffing levels. Additionally, Amendment No. 3 to the Lease Agreement with Vanir Tower Building, Inc. Is set to expire on June 30, 2024.
Lease Amendment No. 4 will increase the current monthly leased office space with Vanir Tower Building, Inc. from 22,100 square feet to 27,056 square feet and extend the term of the Lease Agreement through June 30, 2026. Amendment No.4 will also include one two-year extension option, extending the lease through June 30, 2028, if needed. Amendment No. 4 is proposed to commence on April 1, 2024.
Effective April 1, 2024, the monthly rent will be increased from Forty-one Thousand, Five Hundred and Forty-Eight dollars ($41,548) to Fifty-Four Thousand, One Hundred and Twelve Dollars ($54,112.00) to reflect the increase in leased space. The monthly rent from July 1, 2024, through June 30, 2025, shall be at the per square foot cost of $2.10 monthly and the City shall pay monthly rent in the amount of Fifty-Six Thousand, Eight Hundred and Seventeen Dollars and Sixty Cents ($56,817.60). Effective July 1, 2025, through June 30, 2026, monthly rent shall be at the per square foot cost of $2.21 monthly and the City shall pay monthly rent in the amount of Fifty-Nine thousand, Seven Hundred and Ninety-Three Dollars and Seventy-Six Cents ($59,793.76).
The costs associated with Amendment No. 4 are as follows:
•FY 2023/24: $29,736 (Suite 101b) + $110,000 (tenant improvement) $139,736 ($29,736 = 4,956 sq ft. X $2.00 per sq ft. X 3 months)
•FY 2024/25 Lease: $681,811.20 (27,056 sq ft. X $2.10 cost per sq. ft.) •FY 2025/26 Lease: $717,525.12 (27,056 sq ft. X $2.21 cost per sq. ft.)
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The tenant improvement costs are estimated at $110,000 which will include technology infrastructure upgrades, cabling, phones, furniture, carpet, paint, window tinting, and cleaning.
Total Costs: $29,736 + $681,811.20 + $717,525.12 + $110,000 = $1,539,073 2021-2025 Strategic Targets and Goals
Approval of the proposed Amendment No. 4 aligns with Key Target No. 1: Improved Operational & Financial Capacity: and Key Target No. 1f: Create an Asset Management Plan. Extending the lease through June 30, 2026, provides stability related to the Lease Agreement with Vanir Tower Building, Inc. for budgeting purposes through FY 2026.
Fiscal Impact
The General Fund Impact associated with this item for the remainder of FY 2023/24 is $139,736. The FY 2024/25 and FY 2025/26 budgets will be updated to match the new monthly rental rates upon approval. The total fiscal impact for future years has been identified within the discussion section of this report.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 4 to the Lease Agreement with Vanir Tower Building, Inc., for 290 North D Street, San Bernardino, California; increasing the rental space to include Suite 101B, extending the Lease Agreement through June 30, 2026, and authorizing the Director of Finance and Management Services to amend the FY 2023/24 Operating Budget in the amount of $139,736 to support the costs associated with increasing the rental space with Vanir Tower Building, Inc.
Attachments
Attachment 1 – Amendment No. 4 with Vanir Tower Building, Inc.
Attachment 2 – Resolution No. 2021-33 (Amendment No. 3) Ward:
First Ward
Synopsis of Previous Council Actions:
November 21, 2016 - The Mayor and City Council approved Resolution No. 2016- 240, authorizing the City Manager to execute a Lease Agreement with Vanir Tower Building, Inc.
March 6, 2017 - The Mayor and City Council approved Resolution No. 2017-039, authorizing the City Manager to execute Amendment No. 1 to the Lease Agreement with Vanir Tower Building, Inc.
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April 3, 2019 - The Mayor and City Council authorized the City Manager to execute two, six-month extensions to the Lease Agreement with Vanir Tower Building, Inc., extending the Lease Agreement through April 15, 2020.
May 20, 2020 - The Mayor and City Council directed staff to explore additional lease options for extending the Lease Agreement with Vanir Tower Building, Inc.
June 17, 2020 - The Mayor and City Council approved Resolution No. 2020-105, directing staff to extend the Lease Agreement with Vanir Tower Building, and reduce the rentable space.
March 3, 2021 - The Mayor and City Council approved Resolution No. 2021-33 authorizing the City Manager to execute Amendment No. 3 to the Lease Agreement with Vanir Tower Building, Inc. extending the Lease through June 30, 2024.
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AMENDMENT NUMBER FOUR TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VANIR TOWER BUILDING, INC.
This Amendment Number Four ("Fourth Amendment'') is entered into by and between the City of San Bernardino, a charter city organized under the laws of the State of California (hereinafter the "City"), and Vanir Tower Building, Inc. (hereinafter the "Landlord") as of March 1, 2024.
City and Landlord are at times referred to individually as "Party" and collectively as the "Parties."
WHEREAS, City and Landlord entered into a Lease Agreement dated February 8, 2017 for the City's lease of office space at Landlord's property located at 290 North "D" Street, San Bernardino, CA 92401, as further set out therein; and WHEREAS, City and Landlord entered into Amendment Number One to the Lease Agreement Between the City of San Bernardino and Vanir Tower Building, Inc., on March 6, 2017 ("First Amendment") and City subsequently exercised two six-month extension options available to it under the Lease Agreement, as amended; and WHEREAS, City and Landlord entered in to Amendment Number Two to the Lease Agreement Between the City of San Bernardino and Vanir Tower Building, Inc., on July 1, 2020 ("Second Amendment'') extending the Term of the Lease Agreement through June 30, 2021 and reducing the amount of space leased effective August 1, 2020; and WHEREAS, City and Landlord entered in to Amendment Number Three to the Lease Agreement Between the City of San Bernardino and Vanir Tower Building, Inc., on March 15, 2021 ("Third Amendment'') extending the Term of the Lease Agreement through June 30, 2024 and increasing the amount of space leased effective March 15, 2021; and WHEREAS, the Parties now desire to. extend the Term of the Lease Agreement, as amended, through June 30, 2026, to increase the amount of space leased to include Suite 101B on the 1st Floor effective April 1, 2024, and to include one 2-year option to extend the Lease at the City’s sole discretion.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
1. 30, 2026.
Term. The term of the Lease Agreement, as amended, is extended through June
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2. Monthly Rent. Effective April 1, 2024, the monthly rent will be increased from Forty-one Thousand, Five Hundred and Forty-Eight dollars ($41,548) to Fifty-Four Thousand, One Hundred and Twelve Dollars ($54,112.00) to reflect the increased in leased space further described in Section 3 of this Fourth Amendment. The monthly rent from July 1, 2024, through June 30, 2025, shall be at the per square foot cost of $2.10 monthly and the City shall pay monthly rent in the amount of Fifty-Six Thousand, Eight Hundred and Seventeen Dollars and Sixty Cents ($56,817.60). Effective July 1, 2025, through June 30, 2026, monthly rent shall be at the per square foot cost of $2.21 monthly and the City shall pay monthly rent in the amount of Fifty-Nine thousand, Seven Hundred and Ninety-Three Dollars and Seventy-Six Cents ($59,793.76).
3. Square Footage. Effective April 1, 2024, the Premises shall be amended to reflect the addition of 4,956 square feet of rentable space on the 1st Floor (Suite 101B) for a total of 27,056 square feet of rentable space on the 1st and 3rd and 8th Floors. The additional 4,956 square feet of rentable space is described and depicted on Exhibit A, attached hereto and incorporated herein by this reference. Landlord approved Tenant Improvements construction and cost shall be the City’s full responsibility.
4. Option to Extend Term. Landlord gives City the option to extend the term of the Lease on the same provisions and conditions for one (1) Two-Year Option (“extended term”) following the expiration of the Fourth Amendment by City giving notice of its intention to exercise the option to Landlord no less than 60-days prior to expiration of the current term. Monthly rent for the extended term shall be as follows, effective July 1, 2026 through June 30, 2027 shall be at the square foot cost of $2.32 and the City shall pay monthly rent in the amount of Sixty-Two Thousand, Seven Hundred and Sixty-Nine Dollars and Ninety-Two Cents ($62,769.92) and effective July 1, 2027, through June 30, 2028 shall be at the square foot cost of $2.44 and the City shall pay monthly rent in the amount of Sixty-Six Thousand, and Sixteen Dollars and Sixty-Four Cents ($66,016.64).
5. Effect on Other Provisions. All other provisions of the Lease Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed the day and year first above written.
CITY LANDLORD
Charles A. Montoya, City
Manager
ATTEST:
James Smith, President
Genoveva Rocha, City Clerk
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EXHIBITA
DESCRIPTION AND DEPICTION OF SUITE 101B
Suite 101B located on the 1st Floor of the Vanir Tower includes 4,956 square feet of rentable space comprised of offices, conference room, supply and equipment storage areas, and a restroom. The area included in Suite 101B is represented by the shadowed area on the attached diagram.
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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: March 6, 2024
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney's Office
Subject: Closed Session
Recommendation:
A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):
Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim No. GHC 0065668
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and Housing
Director
Community, Housing, & Economic Development (CED)
Adoption of Ordinance No. MC-1627 Approving
Development Code Amendment 24-01 (2021-2029
Housing Element)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1627 approving Development Code Amendment 24-01 changing the Zoning District Classification of specific parcels to meet the City’s Regional House Needs Allocation (RHNA), pursuant to the Addendum to Final Environmental Impact Report (SCH No. 2004111132).
Executive Summary
This agenda item is the final reading and adoption of Development Code Amendment 24-01. It is recommended that the Mayor and City Council adopt Ordinance No. MC- 1627.
Background
On February 21, 2024, the Mayor and City Council conducted a public hearing on approving Development Code Amendment 24-01.
Development Code Amendment 23-01 changes the Zoning District Classification of specific parcels to meet the City’s Regional House Needs Allocation (RHNA) (Attachment 1, Exhibit A).
Discussion
Ordinance No. MC-1627 approving Development Code Amendment 24-01 to change the Zoning District Classification of specific parcels to meet the City’s Regional House Packet Page. 674
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Needs Allocation (RHNA) was reviewed by the City Council at their February 21, 2024, meeting. The Ordinance is now ready for its final reading. 2021-2025 Strategic Targets and Goals
Development Code Amendment 24-01 aligns with Key Target Goal No. 4: Economic Growth & Development; (b) Update the General Plan and Development Code.
Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1627 approving Development Code Amendment 24-01 changing the Zoning District Classification of specific parcels to meet the City’s Regional House Needs Allocation (RHNA), pursuant to the Addendum to Final Environmental Impact Report (SCH No. 2004111132).
Attachments
Attachment 1 Ordinance No. MC-1627 (Approving Development Code Amendment 24-01)
Attachment 2 Ordinance No. MC-1627 (Approving Development Code Amendment 24-01) – Exhibits
Ward:
All Wards
Synopsis of Previous Council Actions:
On February 21, 2024, the Mayor and City Council introduced Ordinance No. MC-1627 to approve Development Code Amendment 24-01 to change the Zoning District Classification of specific parcels to meet the City’s Regional House Needs Allocation (RHNA).
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ORDINANCE NO. MC-1627
1 ORDINANCE NO. MC-1627
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 24-01
CHANGING THE ZONING DISTRICT CLASSIFICATION
OF SPECIFIC PARCELS TO MEET THE CITY’S
REGIONAL HOUSE NEEDS ALLOCATION (RHNA),
PURSUANT TO THE ADDENDUM TO FINAL
ENVIRONMENTAL IMPACT REPORT (SCH NO.
2004111132).
WHEREAS, together, General Plan Amendment 24-01 and Development Code Amendment 24-01 constitute the City of San Bernardino 2021-2029 Housing Element ("Project"); and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 21-06 is a request to allow the change the Zoning District Classification of specific parcels to meet the City’s Regional House Needs Allocation (RHNA); and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and
WHEREAS, pursuant to requirements of Section 15164(b) (Addendum to an EIR) of CEQA, the Planning Division of the Community and Economic Development Department accepted the Addendum to the Final Environmental Impact Report prepared by Kimley-Horn on behalf of and submitted by the applicant for the Project; and WHEREAS, on January 30, 2024, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2024-002 - PC recommending the adoption of the Addendum to the Final Environmental Impact Report, and the approval of General Plan Amendment 24-01 and Development Code Amendment 24-01 to the Mayor and City Council; and WHEREAS, notice of the February 21, 2024 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on February 10, 2024, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that trigger recirculation of the Addendum to the Final Environmental Impact Report or additional environmental review under State CEQA Guidelines Section 15164; and
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ORDINANCE NO. MC-1627
2 WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 24-01; and
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Compliance with the California Environmental Quality Act. In accordance with Section 15164 (Addendum to an EIR), as the decision-making body for the project, the Mayor and City Council have reviewed and considered the information contained in the administrative record for General Plan Amendment 24-01 and Development Code Amendment 24-01, and the Final Environmental Impact Report (SCH #2004111132) certified on November 1, 2005, in conjunction with the adoption of the City of San Bernardino General Plan (2005). Based upon the facts and information contained in the administrative record and the previously certified Final Environmental Impact Report, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council find as follows:
(1) The environmental impacts of this project were previously analyzed in the Final Environmental Impact Report certified on November 1, 2005, in conjunction with the adoption of the City of San Bernardino General Plan (2005) and within the Addendum for the approval for General Plan Amendment 24-01 and Development Code Amendment 24-01; and (2) The certified Final Environmental Impact Report and the Addendum contains a complete and accurate reporting of the environmental impacts associated with the project; and (3) The certified Final Environmental Impact Report and the Addendum was completed in compliance with CEQA and the Guidelines promulgated thereunder; and (4) The certified Final Environmental Impact Report and the Addendum reflects the independent judgment of the Mayor and City Council; and (5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the certified Final Environmental Impact Report, and all mitigation measures previously adopted with the Mitigated Monitoring and Reporting Program and the Addendum are incorporated herein by this reference.
SECTION 3.Finding of Facts – Development Code Amendment 24-01.
Section 19.42.050 of the City of San Bernardino Development Code requires that Development Code Amendments meet certain finding prior to approval by the Mayor and City Council.
Accordingly, the following findings are provided in support of the recommendation by the Planning Commission for the approval of Development Code Amendment 24-01:
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ORDINANCE NO. MC-1627
3 Finding No. 1:The proposed amendment is consistent with the General Plan.
Finding of Fact:Development Code Amendment 24-01 is consistent with the General Plan, in that the proposed addition of the subzones RMH-32 and RH-50 implements the previously established intended uses of the Residential Medium High (RMH) and Residential High (RH) zones, while allowing for increased densities that will assist the City in meeting its RHNA.
Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Finding of Fact:The adoption and implementation of Development Code Amendment 24- 01 will create two (2) subzones, RMH-32 and RH-50, that will require future development at the same standards and subject to the same permitted uses as the existing Residential Medium High (RMH) and Residential High (RH) zones. Therefore, no development is anticipated that would be detrimental to the public interest, health, safety, convenience, or welfare of the City
SECTION 4.Adoption of Ordinance. Development Code Amendment 24-01 to change the Zoning District Classification of specific parcels to meet the City’s Regional House Needs Allocation (RHNA); attached hereto and incorporated herein by reference as Exhibit “A” through “B”, is hereby approved.
SECTION 5.Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.
SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
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ORDINANCE NO. MC-1627
4 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 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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ORDINANCE NO. MC-1627
5 CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1627, introduced on February 21, 2024, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 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 C
Development Code Section 19.04.010(2)(E)
(Residential Zones - Purpose)
19.04.010(2)(E) (Residential Zones - Purpose) shall be modified to read as follows:
E. RESIDENTIAL MULTI-FAMILY ZONES
These zones are intended to promote the development of multi -family townhomes, condominiums, and apartments.
All multi-family zones require a reduced density if the minimum lot size for the zone is not met, and shall comply with maximum densities provided in Table 04.02.
Multi-family units which legally existed in the multi-family zones prior to June 3, 1991, may remain as a permitted use.
1. RM (Residential Medium) Zone
This zone requires a minimum lot size of 14,400 square feet with a maximum density of 12 units per net acre. Parcels less than 14,400 square feet in area shall be developed at RU density.
2. RMH (Residential Medium High) Zone
This zone requires a minimum lot size of 20,000 square feet with a maximum density of 24 units per net acre. Lots 14,400-20,000 square feet shall be development at RM density. Lots less than 14,400 square feet shall be developed at RU density.
RMH-32 (Residential Medium High) Zone. This zone requires a minimum lot size of 20,000 square feet with a maximum density of 32 units per net acre. Properties within the RMH -32 Zone shall include only those identified in Table 04 -05 and Table 04-06 of the 2021-2029 San Bernardino Housing Element, as applicable. The RMH-32 zone shall be subject to the same development standards and permitted uses as the RMH zone.
3. RH (Residential High) Zone
This zone requires a minimum lot size of 20,000 square feet with a maximum density of 31 units per net acre. Lots 14,400 -20,000 square feet shall be developed at RM density. Lots less than 14,400 square feet shall be developed at RU density.
RH-50 (Residential High) Zone. This zone requires a minimum lot size of 20,000 square feet with a maximum density of 50 units per net acre. Properties within the RMH-32 Zone shall include only those identified in Table 04 -05 and Table 04-06 of the 2021-2029 San Bernardino Housing Element, as applicable. The RH-50 zone
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shall be subject to the same development standards and permitted uses as the RH zone.
All multi-family zones listed above permit the development of senior citizen and senior congregate care housing at a density up to 50% greater than that allowed in the zone with a marketing feasibility study and a conversion plan.
4. RSH (Residential Student Housing) Zone
This overlay zone is specifically designed to allow student housing complexes on lots located within 500 feet of California State University San Bernardino, and which are at least five acres in size, at a maximum density of 20 units per acre and with no more than 60 bedrooms per acre, and specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. 01-06, and the 10.16 acres on the west side of Northpark Boulevard, northwest of the intersection of University Parkway and Northpark Boulevard in Tract 17703-2 Lot 1, and Tract 17703-3 Lots 1, 2, and 3. In the event that the project no longer houses California State University, San Bernardino students or is demolished, further use of the site will revert back to the underlying zone policies and standards.
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Exhibit D
Privately-owned Land Identified for Rezoning/Upzoning
APN Acres
Existing Land
Use
Designation
Proposed Land
Use
Designation
Existing Zone Proposed Zone
013630207 0.68 MFR MFR RMH RMH-32
013631118 1.59 MFR MFR RMH RMH-32
013631126 0.91 MFR MFR RMH RMH-32
013631109 0.92 MFR MFR RMH RMH-32
028115164 1.55 MFR MFR RMH RMH-32
015515124 6.48 MFR MFR RH RH-50
015515125 2.87 MFR MFR RH RH-50
015044104 1.08 MFR MFR RH RH-50
015044130 2.21 MFR MFR RH RH-50
015515120 1.14 MFR MFR RH RH-50
015044114 0.03 MFR MFR RH RH-50
City-owned Surplus Land Identified for Rezoning/Upzoning APN Acres
Existing Land
Use
Designation
Proposed Land
Use
Designation
Existing Zone Proposed Zone
013407119 0.21 C MFR CR-2 RH-50
013407124 0.06 C MFR CR-2 RH-50
013407126 0.06 C MFR CR-2 RH-50
013407158 0.28 C MFR CR-2 RH-50
013410109 0.21 C MFR CR-2 RH-50
013410110 0.31 C MFR CR-2 RH-50
014252208 0.25 C MFR CG-1 RH-50
014252209 0.24 C MFR CG-1 RH-50
014252211 0.24 C MFR CG-1 RH-50
014252212 0.24 C MFR CG-1 RH-50
014252213 0.24 C MFR CG-1 RH-50
014252214 0.24 C MFR CG-1 RH-50
014252215 0.24 C MFR CG-1 RH-50
014252216 0.24 C MFR CG-1 RH-50
014252217 0.25 C MFR CG-1 RH-50
014252225 0.21 C MFR CG-1 RH-50
014252235 0.2 C MFR CG-1 RH-50
014252236 0.2 C MFR CG-1 RH-50
014252237 0.2 C MFR CG-1 RH-50
014252238 0.2 C MFR CG-1 RH-50
014252241 0.2 C MFR CG-1 RH-50
014252242 0.21 C MFR CG-1 RH-50
014252210 0.24 C MFR CG-1 RH-50
014252226 0.19 C MFR CG-1 RH-50
014319174 0.75 C MFR CO RMH-32
014319175 0.27 C MFR CO RMH-32
014301244 0.86 C MFR CO RMH-32
015545110 1.41 MFR MFR RH RMH-32
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and Housing
Director
Community, Housing, & Economic Development (CED)
Adoption of Ordinance No. MC-1629 Approving
Development Code Amendment 23-03 (Density Bonus)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1629 approving Development Code Amendment 23-03 amending Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the Density Bonus section in compliance with State law; and finding that Development Code Amendment 23-03 is exempt from review under the California Environmental Quality Act.
Executive Summary
This agenda item is the final reading and adoption of Development Code Amendment 23-03. It is recommended that the Mayor and City Council adopt Ordinance No. MC- 1629.
Background
On February 21, 2024, the Mayor and City Council conducted a public hearing on approving Development Code Amendment 23-03.
Development Code Amendment 23-01 amends Section 19.04.030(2)(D) of Chapter
19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) to update the Density Bonus Ordinance in compliance with State law (Attachment 1, Exhibit A).
Discussion
Ordinance No. MC-1629 approving Development Code Amendment 23-03 for the Packet Page. 684
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update to the Density Bonus Ordinance was reviewed by the City Council at their February 21, 2024, meeting. The Ordinance is now ready for its final reading. 2021-2025 Strategic Targets and Goals
Development Code Amendment 23-03 aligns with Key Target Goal No. 3: Improved Quality of Life and 4(b): Economic Growth and Development – Update the General Plan and Development Code. Specifically, the amendment will update the Development Code for compliance with State law. The amendment to the Development Code will ensure consistency with State law.
Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1629 approving Development Code Amendment 23-03 amending Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the Density Bonus section in compliance with State law; and finding that Development Code Amendment 23-03 is exempt from review under the California Environmental Quality Act.
Attachments
Attachment 1 Ordinance No. MC-1629 (Approving Development Code Amendment 23-03)
Attachment 2 Ordinance No. MC-1629 (Approving Development Code Amendment 23-03) – Exhibit A
Ward:
All Wards
Synopsis of Previous Council Actions:
On February 21, 2024, the Mayor and City Council introduced Ordinance No. MC- 1629 to approve Development Code Amendment 23-03 for the update to the Density Bonus Ordinance.
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ORDINANCE NO. MC-1629
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 23-03
AMENDING CHAPTER 19.04 (RESIDENTIAL ZONES)
SECTION 19.04.030 (DENSITY BONUS) OF THE CITY OF
SAN BERNARDINO DEVELOPMENT CODE (SBMC TITLE
19) TO UPDATE THE DENSITY BONUS SECTION IN
COMPLIANCE WITH STATE LAW; AND FINDING THAT
DEVELOPMENT CODE AMENDMENT 23-03 IS EXEMPT
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
WHEREAS, the State of California has adopted Government Code Sections 65915 – 65918 (State Density Bonus Law), which requires cities to provide density bonuses, concessions/incentives, waivers, and parking reductions for eligible housing development; and WHEREAS, Government Code Section 65918 provides that the State Density Bonus Law applies to charter cities, including San Bernardino; and WHEREAS, in recent years, in response to the State’s need for housing, the State’s Density Bonus Law has been amended to increase affordable housing production and reduce housing costs, requiring the City to update the Density Bonus Section of Chapter 19.04 (Residential Zones); and
WHEREAS, on October 2, 2023, the Community Development and Housing Department - Planning Commission received a letter regarding the City’s draft Housing Element noting that the provisions of the City’s density bonus ordinance constitute a constraint to affordable housing development; and
WHEREAS, in a Stipulated Final Judgement and Order submitted in Gracia et al. v. City of San Bernardino, it was stated that the City would update the density bonus ordinance as required by statute and the stipulation agreement; and
WHEREAS, Development Code Amendment 23-03 is a City-initiated amendment to Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) to update the Density Bonus section in compliance with state law; and
WHEREAS, the Planning Division of the Community Development and Housing Department of the City of San Bernardino has prepared Development Code Amendment 23-03 in compliance with the California Government Code, consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; and
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WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development and Housing Department evaluated Development Code Amendment 23-03 and determined that it is exempt from CEQA under 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, on December 12, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing and adopted Resolution No. 2023- 049 recommending the adoption of the Development Code Amendment 23-03 to the Mayor and City Council; and
WHEREAS, notice of the February 21, 2024 public hearing for the Mayor and City Council's consideration of Development Code Amendment 23-03 was published in The Sun newspaper on February 10, 2024, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 23-03; and
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.
SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 23-03 and this Ordinance No. MC-1629 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 3.Finding of Facts – Development Code Amendment 23-03 Finding No. 1:The proposed amendment is consistent with the General Plan.
Finding of Fact:Development Code Amendment 23-03 is consistent with the General Plan, as follows:
Land Use Policy Goal 2.1.4: Provide assistance in the form of grants, loans, home-improvement efforts, coordinated code and law enforcement, public
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right-of-way maintenance and enhancement, and trash collection to help improve San Bernardino’s residential neighborhoods. (LU-1 and LU-3) Land Use Policy 2.4.1: Quality infill development shall be accorded a high priority in the commitment of City resources and available funding.
Land Use Policy 2.4.2: Continue to provide special incentives and improvement programs to revitalize deteriorated housing stock, residential neighborhoods, major business corridors, and employment centers. (LU-3 and LU-4)
Housing Goal 3.3: Affordable Housing Assistance. Assist in the provision of housing affordable to lower and moderate-income households.
Housing Goal 3.4: Fair Housing Opportunity. Promote fair and equal housing opportunities for all persons in San Bernardino.
Housing Goal 3.5: Governmental Constraints. Reduce adverse effects of governmental actions on the production, preservation, and conservation of housing, particularly for lower-moderate-income households.
The adoption and implementation of Development Code Amendment 23- 03 is consistent with the City’s General Plan by allowing for the development of affordable housing in a manner consistent with State law.
Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Finding of Fact:The adoption and implementation of Development Code Amendment 23- 03 are in the interest or furtherance of the public health, safety, convenience, and general welfare through the establishment of regulations consistent with State law that will further the development of affordable housing for low and moderate-income households, seniors, and students.
SECTION 4.Adoption of Ordinance. Development Code Amendment 23-03 to amend Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) to update the Density Bonus section in compliance with state law attached hereto and incorporated herein by reference as Exhibit “A”, is hereby approved.
SECTION 5.Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 23-03.
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SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 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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CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1629, introduced on February 21, 2024, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 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
Development Code Section 19.04.030
(Density Bonus)
19.04.030(2) shall be modified to read as follows:
D. DENSITY BONUS
1. Purpose
The purpose of this Chapter is to:
a. Establish procedures for implementing State Density Bonus requirements, as set forth in California Government Code Sections 65915, and b. Facilitate the development of affordable housing consistent with the goals, objectives, and policies of the Housing Element of the City's General Plan. c. This Chapter establishes incentives available to developers to produce housing affordable to very-low, low and moderate-income households, transitional foster youth, disabled veterans, homeless persons, lower-income students, and senior citizens, consistent with State Density Bonus law.
2. Government Code 65915 – 65918
a.
(1) When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City shall comply with this section. The City shall adopt an ordinance that specifies how compliance with this section will be implemented. Except as otherwise provided in subdivision(s), failure to adopt an ordinance shall not relieve the City from complying with this section.
(2) The City shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section. This subdivision does not prohibit the City from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, as described in subdivision (b)(d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p).
(3) In order to provide for the expeditious processing of a density bonus application, the City shall do all of the following:
(A) Adopt procedures and timelines for processing a density bonus application.
(B) Provide a list of all documents and information required to be submitted with the density bonus application in order for the density
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bonus application to be deemed complete. This list shall be consistent with this chapter.
(C) Notify the applicant for a density bonus whether the application is complete in a manner consistent with the timelines specified in Government Code Section 65943.
(D)
(i) If the City notifies the applicant that the application is deemed complete pursuant to subparagraph (C), provide the applicant with a determination as to the following matters:
(I) The amount of density bonus calculated pursuant to
subdivision (f), for which the applicant is eligible.
(II) If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible.
(III) If the applicant requests incentives or concessions pursuant to subdivision (d) or waivers or reductions of development standards pursuant to subdivision (e), whether the
applicant has provided adequate information for the City to decide as to those incentives, concessions, or waivers, or reductions of development standards.
(ii) Any determination required by this subparagraph shall be based on the development project at the time the application is deemed complete. The City shall adjust the amount of density bonus and parking ratios awarded pursuant to this section based on any changes to the project during the course of development. b.
(1) The City shall grant one density bonus, the amount of which shall be as specified in subdivision (f), and, if requested by the applicant and consistent with the applicable requirements of this section, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p), if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:
(A) Ten percent of the total units of a housing development, including a shared housing building development, for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(B) Five percent of the total units of a housing development, including a shared housing building development, for rental or sale to very low-
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income households, as defined in Section 50105 of the Health and Safety Code.
(C) A senior citizen housing development, as defined in Sections 51.3 and
51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. For purposes of this subparagraph, “development” includes a shared housing building development.
(D) Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.
(E) Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph are shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units.
(F)
(i) Twenty percent of the total units for lower income students in a student housing development that meets the following
requirements:
(I) All units in the student housing development shallwill be used exclusively for undergraduate, graduate, or
professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for
Community and Junior Colleges. In order to be eligible
under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the City that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are insufficientnot sufficient students enrolled in an institution of higher education to fill all units in the student housing development.
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(II) The applicable 20-percent units shallwill be used for lower income students.
(III) The rent provided in the applicable units of the
development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
(IV) The development shallwill provide priority for the applicable affordable units for lower income students
experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s
homeless status may verify a person’s status as homeless for purposes of this subclause.
(ii) For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph areshall be subject to a recorded affordability restriction of 55 years. (G) One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. For purposes of this subparagraph, “development” includes a shared housing building development. (2) For purposes of calculating the amount of the density bonus pursuant to subdivision (f), an applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph (1). c.
(1)
(A) An applicant shall agree to, and the City shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
(B)
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(i) Except as otherwise provided in clause (ii), rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (ii) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), rents for all units in the development, including both base density and density bonus units, shall be as follows:
(I) The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.
(II) The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent
levels for lower income households, as those rents and
incomes are determined by the California Tax Credit
Allocation Committee.
(2)
(A) An applicant shall agree to ensure, and the City shall ensure, that a for-sale unit that qualified the applicant for the award of the density bonus meets either of the following conditions:
(i) The unit is initially sold to and occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement.
(ii) If the unit is not purchased by an income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and that includes all of the following:
(I) A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser. The nonprofit corporation has a determination letter from the Internal Revenue
Service affirming its tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code and is not a private foundation as that term is defined in Section 509 of the Internal Revenue Code.
(II) An equity sharing agreement. The nonprofit corporation is based in California.
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(III) Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-
occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the Health and Safety
Code. All of the board members of the nonprofit
corporation have their primary residence in California. (IV) The primary activity of the nonprofit corporation is the development and preservation of affordable home
ownership housing in California that incorporates within their contracts for initial purchase a repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser pursuant to an equity sharing agreement or
affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-
occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the Health and Safety
Code.
(B) For purposes of this paragraph, a “qualified nonprofit housing corporation” is a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
(C) The local government shall enforce an equity sharing agreement required pursuant to clause (i) or (ii) of subparagraph (A) unless it is in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. The following apply to the equity sharing agreement:
(i) Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation.
(ii) Except as provided in clause (v), the local government shall recapture any initial subsidy, as defined in clause (iii), and its proportionate share of appreciation, as defined in clause (iv), which amount shall be used within five years for any of the
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purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.
(iii) For purposes of this subdivision, the local government’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate- income household, plus the amount of any downpayment
assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (iv) For purposes of this subdivision, the local government’s proportionate share of appreciation shall be equal to the ratio of the local government’s initial subsidy to the fair market value of the home at the time of initial sale.
(v) If the unit is purchased or developed by a qualified nonprofit housing corporation pursuant to clause (ii) of subparagraph (A) the local government may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote homeownership for lower income households as defined by Section 50079.5 of the Health and Safety Code Section 50079.5 within the jurisdiction of the local government.
(3)
(A) An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:
(i) The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subdivision (b).
(ii) Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.
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(B) For the purposes of this paragraph, “replace” shall mean either of the following:
(i) If any dwelling units described in subparagraph (A) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter
households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban
Development’s Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in
subparagraph (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban
Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2).
(ii) If all dwelling units described in subparagraph (A) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of
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low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing
Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (C) Notwithstanding subparagraph (B), for any dwelling unit described in subparagraph (A) that is or was, within the five- year period preceding the application, subject to a form of rent or price control through a local government’s valid exercise of its police power and that is or was occupied by persons or families above lower income, the City may do either of the following:
(i) Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2).
(ii) Require that the units be replaced in compliance with the jurisdiction’s rent or price control ordinance, provided that each unit described in subparagraph (A) is replaced. Unless otherwise required by the jurisdiction’s rent or price control ordinance, these units shall not be subject to a recorded affordability restriction.
(D) For purposes of this paragraph, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.
(E) Subparagraph (A) does not apply to an applicant seeking a density bonus for a proposed housing development if the applicant’s application was submitted to, or processed by, the City before January 1, 2015.
d.
(1) An applicant for a density bonus pursuant to subdivision (b) may submit to the City a proposal for the specific incentives or concessions that the applicant requests pursuant to this section and may request a meeting with the City. The City shall grant the concession or incentive requested by the applicant unless the City makes a written finding, based upon substantial evidence, of any of the following:
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(A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
(B) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- income and moderate-income households.
(C) The concession or incentive would be contrary to state or federal law. (2) The applicant shall receive the following number of incentives or concessions:
(A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low-income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale.
(B) Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low-income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale.
(C) Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low-income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale.
(D) Five Four incentives or concessions for a project meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
(E) One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development.
(F) Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a developments in which the units are for sale.
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(3) The applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
This subdivision shall not be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The City shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section.
(4) The City shall bear the burden of proof for the denial of a requested concession or incentive.
e.
(1) In no case may the City apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. Subject to paragraph (3), an applicant may submit to the City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section and may request a meeting with the City. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This subdivision shall not be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law. (2) A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). (3) A housing development that receives a waiver from any maximum controls on density pursuant to clause (ii) of subparagraph (D) of paragraph (3) of
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subdivision (f) shall only be eligible for a waiver or reduction of development standards as provided in subparagraph (D) of paragraph (2) of subdivision (d) and clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f), unless the City agrees to additional waivers or reductions of development standards.
f. For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the City, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increases to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
Percentage Low-Income Units Percentage Density
Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
(2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
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Percentage Very Low-Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
(3)
(A) For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of senior housing units.
(B) For housing developments meeting the criteria of subparagraph (E) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subparagraph.
(C) For housing developments meeting the criteria of subparagraph (F) of paragraph (1) of subdivision (b), the density bonus shall be 35 percent of the student housing units.
(D) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), the following shall apply:
(i) Except as otherwise provided in clauses (ii) and (iii), the density bonus shall be 80 percent of the number of units for lower income households.
(ii) If the housing development is located within one-half mile of a major transit stop, the City shall not impose any maximum controls on density.
(iii) If the housing development is located in a very low vehicle travel area within a designated county, the City shall not impose any maximum controls on density.
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(4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
Percentage Moderate-Income Units Percentage Density
Bonus
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
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Percentage Moderate-Income Units Percentage Density
Bonus
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
(5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. g.
(1) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density for the entire development, as follows:
Percentage Very Low Income Percentage Density
Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
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Percentage Very Low Income Percentage Density
Bonus
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
(2) This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:
(A) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
(B) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed development. (C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure. (D) The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential
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development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer. (E) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of the transfer.
(F) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. (G) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development.
(H) A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. h.
(1) When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following:
(A) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.
(B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (2) The City shall require, as a condition of approving the housing development, that the following occur:
(A) The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c).
(B) Of the children who attend the childcare facility, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low- income households, lower income households, or families of moderate income pursuant to subdivision (b).
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(3) Notwithstanding any requirement of this subdivision, the City shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.
(4) “Childcare facility,” as used in this section, means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and school age childcare centers.
i. “Housing development,” as used in this section, means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the City and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
j.
(1) The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, “study” does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in subdivision (k). This provision is declaratory of existing law. (2) Except as provided in subdivisions (d) and (e), the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.
k. For the purposes of this chapter, concession or incentive means any of the following:
(1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of
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vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (2) Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (3) Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
l. Subdivision (k) does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City, or the waiver of fees or dedication requirements. m. This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code.
n. If permitted by local ordinance, nothing in this section shall be construed to prohibit the City from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. o. For purposes of this section, the following definitions shall apply:
(1) “Designated county” includes the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura, and the City and County of San Francsico. (2) “Development standard” includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation. (3) “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development
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standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.
(4) “Lower income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
(5) “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
(6) “Maximum allowable residential density” or “base density” means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Density shall be determined using dwelling units per acre.
However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the local agency shall calculate the number of units by:
(A) Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open-space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards.
(B) Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
(7)
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(A)
(i) “Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.
(ii) “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.
(B) “Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. (8)
(A) “Total units” or “total dwelling units” means a calculation of the number of units that:
(i) Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. (ii) Includes a unit designated to satisfy an inclusionary zoning requirement of the City.
(B) For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.
(9) “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of
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determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization. p.
(1) Except as provided in paragraphs (2), (3), and (4), upon the request of the developer, the City shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of subdivisions (b) and (c), that exceeds the following ratios:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: one and one-half onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. (2)
(A) Notwithstanding paragraph (1), if a development includes at least 20 percent low-income units for housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b) or at least 11 percent very low income units for housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit.
Notwithstanding paragraph (1), if a development includes at least 40 percent moderate-income units for housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, the City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom.
(B) For purposes of this subdivision, “unobstructed access to the major transit stop” means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.
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(3) Notwithstanding paragraph (1), if a development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b), then, upon the request of the developer, the City shall not impose vehicular parking standards if the development meets any of the following criteria:
(A) The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development.
(B) The development is a for-rent housing development for individuals who are 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (C) The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
(4) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not
through onstreet parking.
(5) This subdivision shall apply to a development that meets the requirements of subdivisions (b) and (c), but only at the request of the applicant. An applicant may request
parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision (d).
(6) This subdivision does not preclude the City from reducing or eliminating a parking requirement for development projects of any type in any location.
(7) Notwithstanding paragraphs (2) and (3), if the City or an independent consultant has conducted an areawide or
jurisdiction wide parking study in the last seven years, then the City may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market- rate and subsidized
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developments, and the lower rates of car ownership for low- income and very low income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.
(8) A request pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). q. Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law.
r. This chapter shall be interpreted liberally in favor of producing the maximum number of total housing units.
s. Notwithstanding any other law, if the City has adopted an ordinance or a housing program, or both an ordinance and a housing program, that incentivizes the development of affordable housing that allows for density bonuses that exceed the density bonuses required by the version of this section effective through December 31, 2020, the City is not required to amend or otherwise update its ordinance or corresponding affordable housing incentive program to comply with the amendments made to this section by the act adding this subdivision, and is exempt from complying with the incentive and concession calculation amendments made to this section by the act adding this subdivision as set forth in subdivision (d), particularly subparagraphs (B) and (C) of paragraph (2) of that subdivision, and the amendments made to the density tables under subdivision (f).
t. When an applicant proposes to construct a housing development that conforms to the requirements of subparagraph (A) or (B) of paragraph (1) of subdivision (b) that is a shared housing building, the City shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with paragraph (7) of subdivision (o).
u.
(1) The Legislature finds and declares that the intent behind the Density Bonus Law is to allow public entities to reduce or even eliminate subsidies for a particular project by allowing a developer to include more total units in a project than would otherwise be allowed by the local zoning ordinance in exchange for affordable units. It further reaffirms that the intent is to cover at least some of the financing gap of affordable housing with regulatory incentives, rather than additional public subsidy. (2) It is therefore the intent of the Legislature to make modifications to the Density Bonus Law by the act adding this subdivision to further
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EXHIBIT A
incentivize the construction of very low, low-, and moderate-income housing units. It is further the intent of the Legislature in making these modifications to the Density Bonus Law to ensure that any additional benefits conferred upon a developer are balanced with the receipt of a public benefit in the form of adequate levels of affordable housing. The Legislature further intends that these modifications will ensure that the Density Bonus Law creates incentives for the construction of more housing across all areas of the state.
(v)
(1) Provided that the resulting housing development would not restrict more than 50 percent of the total units to moderate-income, lower income, or very low income households, a City shall grant an additional density bonus calculated pursuant to paragraph (2) when an applicant proposes to construct a housing development that conforms to the requirements of paragraph (1) of subdivision (b), agrees to include additional rental or for- sale units affordable to very low income households or moderate income households, and meets any of the following requirements:
(A) The housing development conforms to the requirements of subparagraph (A) of paragraph (1) of subdivision (b) and provides 24 percent of the total units to lower income households.
(B) The housing development conforms to the requirements of subparagraph (B) of paragraph (1) of subdivision (b) and provides 15 percent of the total units to very low-income households. (C) The housing development conforms to the requirements of subparagraph (D) of paragraph (1) of subdivision (b) and provides 44 percent of the total units to moderate-income households. (2) A City shall grant an additional density bonus for a housing development that meets the requirements of paragraph (1), calculated as follows:
Percentage Very Low Income Units Percentage Density Bonus 5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75
Percentage Moderate-Income Units Percentage Density Bonus 5 20
6 22.5
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EXHIBIT A
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
(3) The increase required by paragraphs (1) and (2) shall be in addition to any increase in density granted by subdivision (b).
(4) The additional density bonus required under this subdivision shall be calculated using the number of units excluding any density bonus awarded by this section.
This section contains two density bonus provisions. The first entitlement is based upon the provision of affordable housing pursuant to State Government Code Section 65915. The second provision is intended to provide density bonus incentives for the incorporation of on-site amenities.
1. Affordable Housing
State Government Code Section 65915 provides for the granting of a density bonus or other incentives of equivalent financial value when a developer of housing agrees to construct at least 1 of the following:
a. Twenty percent of the total units of a housing development for persons and families or lower income, as defined in Section 50079.5 of the Health and Safety Code.
b. Ten percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code. c. Fifty percent of the total dwelling units of a housing development for qualifying residents, as defined in Section 51.2 of the Civil Code.
A request for a density bonus and regulatory concessions and/or incentives shall require Conditional Use Permit review and be subject to the following provisions:
a. For the purpose of this Section, "density bonus" shall mean a density increase of 25% over the otherwise maximum allowable residential density under this
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EXHIBIT A
Development Code and the General Plan. When determining the number of housing units which are to be affordable, the density bonus shall not be included.
b. The purposes for implementing this section are as follows:
1) The City shall within 90 days of receipt of a written proposal, notify the developer in writing of the procedures governing these provisions. 2) The Council may approve the density bonus and regulatory concessions and/or incentives only if all of the following findings are made:
a) The developer has proven that the density bonus and adjustment of standards is necessary to make the project economically feasible; b) That additional adjustment of standards is not required in order for the rents for the targeted units to be set, pursuant to Government Code Section 65915(c); and
c) The proposed project is compatible with the purpose and intent of the General Plan and this Development Code.
c. The density bonus shall only apply to housing developments consisting of five or more dwelling units.
d. The density bonus provision shall not apply to senior citizen and senior congregate care housing projects that utilize the senior citizen housing density provisions of this Development Code.
e. Prior to the issuance of a building permit for any dwelling unit in a development for which "density bonus units" have been awarded or incentives have been received, the developer shall submit documentation which identifies the restricted units and shall enter into a written agreement with the City to guarantee for 30 years their continued use and availability to low and moderate-income households. The agreement shall extend more than 30 years if required by the Construction or Mortgage Financing Assistance Program, Mortgage Insurance Program, or Rental Subsidy Program. The terms and conditions of the agreement shall run with the land which is to be developed, shall be binding upon the successor in interest of the developer, and shall be recorded in the Office of the San Bernardino County Recorder.
The agreement shall include the following provisions:
1) The developer shall give the City the continuing right-of-first- refusal to purchase or lease any or all of the designated units at the fair market value; 2) The deeds to the designated units shall contain a covenant stating that the developer or his/her successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer any interests for same without the written approval of the City confirming that the sales price of the units is consistent with the limits established for low- and moderate-income households, which shall be related to the Consumer Price Index;
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3) The City shall have the authority to enter into other agreements with the developer or purchasers of the dwelling units, as may be necessary to assure that the required dwelling units are continuously occupied by eligible households.
f. "Density bonus units" shall be generally dispersed throughout a development project and shall not differ in appearance from other units in the development.
g. The City shall provide, in addition to a density bonus, at least 1 of the following regulatory concessions and/or incentives to ensure that the multi- family residential project will be developed at a reduced cost:
1) A reduction or modification of Development Code requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 123 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. 2) Approval of mixed use development in conjunction with the multi-family residential project if commercial, office, industrial, or other land uses will reduce the cost of the development and if the project will be compatible internally as well as with the existing or planned development in the area where the proposed housing project will be located.
3) Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions.
2. Amenities Bonus Provision
This provision allows an increase in the maximum permitted density of 15% in only the RU, RM, RMH, RH, CO-1 & 2, CG-2, and CR-2 land use zoning districts. Increases of up to 15% may be granted based upon the finding(s) that any proper combination of the following amenities are provided in excess of those required by the applicable zone:
a. Architectural features that promote upscale multi-family development; b. Additional on-site or off-site mature landscaping which will benefit the project; c. Additional useable open space;
d. Attached garages;
e. Additional recreational facilities (i.e., clubhouse, play area, pool/Jacuzzi, tennis court, etc.); and
f. Day care facilities.
This amenity bonus provision shall not be used as an addition to the affordable housing density bonus provision.
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and Housing
Director
Community, Housing, & Economic Development (CED)
Resolution Approving Street Vacation (15.30-440) of a
Portion along 9th Street and Tippecanoe Avenue and
Reservation of Utilities Therein (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-053 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion along 9th Street and Tippecanoe Avenue, and reservation of utilities therein.
Executive Summary
The recommended action is the final step required to complete the street vacation process for a portion of 9th Street and a portion of Tippecanoe Avenue. 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 and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street Packet Page. 719
vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of 9th Street and a portion of Tippecanoe Avenue was received on August 4, 2022, from the property owner, PME Oakmont Tippecanoe, LP.
The stated reason for the petition to vacate this portion of 9th Street and a portion of Tippecanoe Avenue is to accommodate a new industrial warehouse 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 31, 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. On January 25, 2024, staff sent out notices to residents within 1000’ of the property informing them of the proposed street vacation. Staff has received a request from Southern California Edison to reserve easements and has received no additional responses from utilities or residential stakeholders.
On October 10, 2023, The Planning Commission, of the City of San Bernardino, voted 3-3 on the proposed Resolution, thus failing to issue a finding of conformity with the City’s General Plan.
On January 17, 2024, the Mayor and City Council authorized staff to proceed with the public hearing and set the date and time for March 6, 2024, at 7:00PM and will be held in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 West 6th Street, San Bernardino, California.
Discussion
Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15.30-440, 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 15.30-440 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 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.
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Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $2,040 in fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-053 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion along 9th Street and Tippecanoe Avenue, and reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2024-053
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Attachment 5 – PowerPoint Presentation
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 9th Street and a portion of Tippecanoe Avenue and reservation of utilities therein
January 17, 2024 The Mayor and City Council adopted Resolution No. 2024-010 declaring its intent to conduct a public hearing to order the vacation of a portion along 9th Street and Tippecanoe Avenue and reservation of utilities therein, and set the date and time of the public hearing for March 6, 2024, at 7:00PM.
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Resolution No. 2024-053
Resolution No. 2024-053
March 6, 2024
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RESOLUTION NO. 2024-053
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VACATION OF A PORTION ALONG
9TH STREET AND TIPPECANOE ANENUE AND
RESERVATION OF UTILITIES THEREIN.
WHEREAS, the Public Works Department previously received a petition to vacate a portion along 9th Street and Tippecanoe Avenue; and
WHEREAS, on May 3, 2023, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the 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 and
WHEREAS, on October 10, 2023, the Planning Commission voted 3-3 on the proposed Resolution, thus failing to issue a finding of conformity with the City’s General Plan; and WHEREAS, on January 17, 2024, the Mayor and City Council adopted Resolution No. 2024-010 declaring its intention to conduct a public hearing on March 6, 2024, to order the street vacation; and
WHEREAS, on January 25, 2024, notices were sent out to residents within 1000 feet informing them of the proposed street vacation; and
WHEREAS, on March 6, 2024, a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California, and offered evidence in relation to the vacation of a portion along 9th Street and Tippecanoe Avenue, and the reservation of utilities therein.
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 San Bernardino, California, in vacating a along 9th Street and Tippecanoe Avenue, 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.
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Resolution No. 2024-053
Resolution No. 2024-053
March 6, 2024
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SECTION 3. The Mayor and City Council of said City do hereby vacate that portion of along 9th Street and Tippecanoe Avenue as described on each of the attached legal descriptions as Exhibit “A”, and on each of the maps attached as Exhibit “B”.
SECTION 4. Approval of this Resolution shall not affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or public entity that existed prior to these vacation proceedings. Reservations of easements are made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and Highways Code of the State of California, with reservations of the easement as requested from Public Utility Company or other public entity.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2024-053
Resolution No. 2024-053
March 6, 2024
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-053
Resolution No. 2024-053
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-053, adopted at a regular meeting held on the 6 th day of March 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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HUITT-ZOLLARS, INC. 2603 Main Street Suite 400 Irvine, CA 92614-4250 949.988.5815 phone 949.988.5820 fax huitt-zollars.com R:\R314211.01\02\02.10\ROW Vacation
R314211.01
05-17-2022
REVISED
12-28-2022
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY VACATION
Those portions of Parcel 2S described in that certain Grant Deed, in the City of San Bernardino, County of San Bernardino, State of California, recorded October 29, 1954, in Book 3495, Page 381, of Official Records, in the office of the County Recorder of said county; together with that portion as of the land described in that certain Grant Deed, in said City of San Bernardino, recorded October 29, 1954, in Book 3495, Page 387, of said Official Records, all lying within Lot 3 of the Map of Jackson Subdivision, in said City of San Bernardino, as shown on the map filed in Book 18, Page 77, of Maps, in said office of the County Recorder described in parcels as follows:
Parcel 1:
BEGINNING at the Northwesterly terminus of that certain course shown as having a bearing and distance of "N45°03'55"W 86.62' " on Record of Survey 17-0059, as shown on the map filed in Book 160, Page 23, of Records of Survey, in said office of the County Recorder; thence along the Northwesterly prolongation of said course North 45°03'55" West 7.07 feet to a line being parallel with and 5.00 feet Northerly of the Southerly line of said Parcel 2S; thence along said parallel line South 89°56'04" West 495.64 feet to the Easterly line of the Westerly 150.00 feet of said Lot 3; thence along said Easterly line South 00°14'24" East 5.00 feet to the Southerly line of said Grant Deed recorded in Book 3495, Page 387 of said Official Records; thence along said Southerly lines of said Grant Deed and Parcel 2S North 89°56'04" East 550.64 feet back to the POINT OF BEGINNING.
Containing an area of 2,492 square feet, more or less.
Parcel 2:
BEGINNING at the Southeasterly terminus of that certain course shown as having a bearing and distance of "N45°03'55"W 86.62' " on Record of Survey 17-0059, as shown on the map filed in Book 160, Page 23, of Records of Survey, in said office of the County Recorder; thence along the Southeasterly prolongation of said course South 45°03'55" Exhibit A
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EXHIBIT "A" R314211.01
LEGAL DESCRIPTION-CONTINUED 05-17-2022
PAGE 2 REVISED
12-28-2022
East 9.90 feet; thence South 01°09'45" East 173.03 feet to the Southerly line of said Parcel 2S; thence along the Southerly and Westerly lines of said Parcel 2S the following two (2) courses: South 89°56'40" West 10.50 feet and North 00°00'20" West 180.00 feet to the POINT OF BEGINNING.
Containing an area of 1,518 square feet, more or less.
Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record.
All as shown on Exhibit "B" attached hereto and by this reference made a part hereof.
___________________________________
DAVID W. MACKEY, PLS 8912
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Exhibit B
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Public Hearing – Proposed Street Vacation
Portion along 9th Street and Tippecanoe Avenue
Presented by Joshua Dramitinos, Deputy Director of Economic Development
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Public Hearing – Street Vacation
• Applicant: PME Oakmont Tippecanoe, LP
• Reason for Request: The reason stated for the petition to vacate this portion of 9th Street and a portion of Tippecanoe Avenue is to accommodate a new industrial warehouse development.
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Public Hearing – Street Vacation
Proposed Vacation
of a portion of 9th Street
and Tippecanoe Avenue
– Plat Map
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Public Hearing – Street Vacation
AERIAL VIEW
Proposed Vacation -
Portion of 9th Street and
Tippecanoe Avenue
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Public Hearing – Street Vacation
• Utility Companies notified –Southern California Edison easements will be preserved.
• Notice of this hearing was posted and published; and mailed to surrounding property owners within 1000 feet of the proposed vacation.
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Questions?
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and
Housing Director
Community, Housing, & Economic Development (CED)
Resolution Approving Street Vacation (15.30-437) of a
Portion of Harris Street Between North “I” Street and
“J” Street and South of West 9th Street and
Reservation of Utilities Therein (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-051 of the Mayor and City Council of the City of San Bernardino, California, approving 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 is the final step that is required to complete the street vacation process for a portion of Harris Street. The 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 and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective Packet Page. 737
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 of W 9th Street. (APNs: 0139-261- 21, 0136-262-16, 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 development of the five individual parcels, making them contiguous.
Vacating this portion of the unused street will adjoin split parcels, this 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, 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.
On December 12, 2023, the Planning Commission adopted Resolution No. 2023- 038PC, finding the proposed street vacation of a portion of Harris Street between N ”I” Street and ”J” Street and south of West 9th Street, consistent with the City’s General Plan.
On January 17, 2024, the Mayor and City Council authorized staff to proceed with the public hearing and set the date and time for March 6, 2024, at 7:00PM and will be held in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 West 6th Street, San Bernardino, California.
On January 25, 2024, staff sent out notices to stakeholders and residents within 1000’ of the property informing them of the proposed street vacation.
Discussion
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, 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 15.30-437 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
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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 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 $2,040 in fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-051 of the Mayor and City Council of the City of San Bernardino, California, approving 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.
Attachments
Attachment 1 - Resolution No. 2024-051
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Attachment 5 – PowerPoint Presentation
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 to vacate a portion of Harris Street between North I Street and J Street and South of West 9th Street, and reservation of utilities therein.
January 17, 2024 The Mayor and City Council adopted Resolution No. 2024-008 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, and set the date and time of the public hearing for March 6, 2024, at 7:00PM.
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Resolution No. 2024-051
March 6, 2024
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RESOLUTION NO. 2024-051
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VACATION OF A PORTION OF HARRIS
STREET BETWEEN NORTH “I” STREET AND “J” STREET
AND SOUTH OF WEST 9 TH 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 West 9th Street; and WHEREAS, on September 6, 2023, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the 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 and
WHEREAS, on December 12, 2023, the Planning Commission adopted Resolution No. 2023-038PC finding the proposed street vacation of a portion of Harris Street between North “I” Street and “J” Street and south of West 9 th Street consistent with the City’s General Plan, and finding that the project is Categorically Exempt under California Environmental Act; and WHEREAS, on January 17, 2024, the Mayor and City Council adopted Resolution No. 2024-008 declaring its intention to conduct a public hearing on March 6, 2024, to order the street vacation; and
WHEREAS, on January 25, 2024, notices were sent out to residents within 1000 feet informing them of the proposed street vacation; and
WHEREAS, on March 6, 2024, a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California, and offered evidence in relation to the vacation of a portion of Harris Street between North I Street and J Street and south of West 9 th Street, and the reservation of utilities therein.
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 San Bernardino, California, in vacating a portion Harris Street between North “I” Street and “J” Street and south of West 9 th Street, elects
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Resolution No. 2024-051
March 6, 2024
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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 Mayor and City Council of said City do hereby vacate that portion of Harris Street between North “I” Street and “J” Street and south of West 9th Street as described on each of the attached legal descriptions as Exhibit “A”, and on each of the maps attached as Exhibit “B”.
SECTION 4. Approval of this Resolution shall not affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or public entity that existed prior to these vacation proceedings. Reservations of easements are made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and Highways Code of the State of California, with reservations of the easement as requested from Public Utility Company or other public entity.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2024-051
Resolution No. 2024-051
March 6, 2024
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-051
Resolution No. 2024-051
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-051, adopted at a regular meeting held on the 6 th day of March 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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Project Area
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Public Hearing – Proposed Street Vacation
Portion of Harris Street between North I Street and J Street and South of West 9th Street
Presented by: Joshua Dramitinos, Deputy Director of Economic Development
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Public Hearing – Street Vacation
• Applicant: O&A Development, LLC
• Reason for Request: The reason stated for the petition to vacate this portion of Harris Street is to complete a Lot Merger to accommodate the development of five individual parcels, making them contiguous.
Vacating this portion of the unused street will adjoin split parcels, thus maximizing future development.
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Public Hearing – Street Vacation
Proposed Vacation
of a portion of Harris
Street – Plat Map
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Public Hearing – Street Vacation
AERIAL VIEW
Proposed Vacation -
Portion of Harris Street
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Public Hearing – Street Vacation
• Proposed street vacation is consistent with general plan. • Planning Commission concludes proposed vacation is categorically exempt from CEQA and there is no significant impact on environment. • Utility Companies notified – SoCal Gas Company, Southern California Edison, and the San Bernardino Municipal Water Department easements will be preserved.
• Notice of this hearing was posted and published; and mailed to surrounding property owners within 1000 feet of the proposed vacation.
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Questions?
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and Housing
Director
Community, Housing, & Economic Development (CED)
Resolution Approving Street Vacation (15.30-439) of a
Portion Broadway Avenue East of N “J” Street and
North of Main Street and Reservation of Utilities Therein (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-052 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion Broadway Avenue East of N “J” Street and North of Main Street, and reservation of utilities therein.
Executive Summary
The recommended action is the final step 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 owner.
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 described in the notice of hearing or petition is unnecessary for present or prospective Packet Page. 753
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 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 a split parcel, 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, 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.
On October 10, 2023, the Planning Commission adopted Resolution No. 2023-033PC, finding the proposed street vacation of a portion of Broadway Avenue east of North ”J” Street, and north of Main Street, consistent with the City‘s General Plan.
On January 17, 2024, the Mayor and City Council authorized staff to proceed with the public hearing and set the date and time for March 6, 2024, at 7:00PM and will be held in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 West 6th Street, San Bernardino, California.
On January 25, 2024, notices were sent out to area stakeholders and residents within 1000’ of the property informing them of the proposed street vacation.
Discussion
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.
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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 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
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-052 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Broadway Avenue east of N “J” Street and north of Main Street, and reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2024-052
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Attachment 5 – PowerPoint Presentation
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 N “J” Street and north of Main Street, and reservation of utilities therein.
January 17, 2024 The Mayor and City Council adopted Resolution No. 2024-004 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, and set the date and time of the public hearing for March 6, 2024, at 7:00PM.
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Resolution No. 2024-052
Resolution No. 2024-052
March 6, 2024
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RESOLUTION NO. 2024-052
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING 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 portion of Broadway Avenue east of N “J” Street and north of Main Street; and WHEREAS, on May 3, 2023, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the street; and WHEREAS, on May 30, 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 and
WHEREAS, on October 10, 2023, the Planning Commission adopted Resolution No. 2023-033PC finding the proposed street vacation of a portion of Broadway Avenue east of N “J” Street and north of Main Street consistent with the City’s General Plan and finding that the project is Categorically Exempt under California Environmental Act; and WHEREAS, on January 17, 2024, the Mayor and City Council adopted Resolution No. 2024-004 declaring its intention to conduct a public hearing on March 6, 2024, to order the street vacation; and
WHEREAS, on January 25, 2024, notices were sent out to residents within 1000 feet informing them of the proposed street vacation; and
WHEREAS, on March 6, 2024, a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California, and offered evidence in relation to the vacation of a portion of Broadway Avenue east of N “J” Street and north of Main Street, and the reservation of utilities therein.
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 San Bernardino, California, in vacating a portion of Broadway Avenue east of N “J” Street and north of Main Street, elects to proceed in
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Resolution No. 2024-052
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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 Mayor and City Council of said City do hereby vacate that of a portion of Broadway Avenue east of N “J” Street and north of Main Street as described on each of the attached legal descriptions as Exhibit “A”, and on each of the maps attached as Exhibit “B”.
SECTION 4. Approval of this Resolution shall not affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or public entity that existed prior to these vacation proceedings. Reservations of easements are made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and Highways Code of the State of California, with reservations of the easement as requested from Public Utility Company or other public entity.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
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Resolution No. 2024-052
Resolution No. 2024-052
March 6, 2024
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Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-052
Resolution No. 2024-052
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-052, adopted at a regular meeting held on the 6 th day of March 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"LEGAL DESCRIPTIONSTREET VACATIONAPN: 0138-273-071 “”
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L=347.40',R=482.06'
D=41°17'27"
C1C2L2L3L4N89° 35' 26"E 200.00'
N00° 20' 56"W 196.21'L5
A.P.N.: 0138-273-71LOT 10LOT 9LOT 8LOT 7LOT 6M.B. 03/79 LOT 11
LOT 12LOT 13CARTER'S SUB-DIVISION
(RSB 166/66-74)RAILROAD SURVEY OF THESAN BERNARDINO COUNTY W "3RD" STREET
W BROADWAY STREET
MAIN STREETN "J" STREETLC
LC
LC
LC
N29°19'54"E RADIAL
CARTER'S SUBDIVISIONOF LOTS 1, 2, 3, 16, 17, & 18IN BLOCK 15 OF THE SANBERNARDINO RANCHO RS 18-160
N66°13'39"E RN68°47'31"E R
VACATED PERINST 2017-0455323N89° 37' 06"E 104.37'
5,024 sf
STREET VACATEDEXHIBIT "B"
Feet0 70140
C1C2
L2L3L4L5
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Area of proposed Street
Vacation
Broadway Avenue Street Vacation No. 15.30-439
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Public Hearing – Proposed Street Vacation
Portion of Broadway Avenue east of N J Street and north of Main Street Presented by Joshua Dramitinos, Deputy Director of Economic Development
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Public Hearing – Street Vacation
• Applicant: Bryan and Billy Henley
• Reason for Request: The stated reason for the petition to vacate this portion of the street is to accommodate 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 a split parcel, thus maximizing future development.
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Public Hearing – Street Vacation
Proposed Vacation
of a portion of Broadway
Avenue – Plat Map
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Public Hearing – Street Vacation
AERIAL VIEW
Proposed Vacation -
Portion of Broadway
Avenue
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Public Hearing – Street Vacation
• Proposed street vacation is consistent with general plan. • Planning Commission concludes proposed vacation is categorically exempt from CEQA and there is no significant impact on environment. • Utility Companies notified – SoCal Gas Company, Southern California Edison, and the San Bernardino Municipal Water Department easements will be preserved.
• Notice of this hearing was posted and published; and mailed to surrounding property owners within 1000 feet of the proposed vacation.
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Questions?
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and
Housing Director
Community, Housing, & Economic Development (CED)
Public Hearing on Annexation No. 39 to Community
Facilities District 2019-1 (Ward 1)
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. 2024-043 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 39); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-044 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. 39); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1630 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 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 Packet Page. 769
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respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1630 for March 20, 2024.
Executive Summary
The recommended actions are the second 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 it’s impacts for maintenance service of public facilities as a result of the new development. The City Council approved the Resolution of Intention on January 17, 2024, setting today the time and place of the public hearing. 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 January 17, 2024, the Mayor and City Council adopted Resolution No. 2024-012, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for March 6, 2024, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on January 18, 2024, at 1:54 p.m. in Book 91 Page 35, Document No. 2024-0014249 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 15.05 gross acres of an empty industrial lot within the City, requesting that the City assist them in annexing their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will consist of a warehouse. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:
1. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and
2. Maintenance of streets, including pavement management; and
3. Maintenance and operation of water quality improvements, including storm drainage and flood protection facilities; and
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4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.
The proposed area to be annexed into the CFD will be included in Tax Zone 40 and is located at the southwest corner of 9th Street and Tippecanoe Street, as shown in Attachment #13.
The maximum annual special tax for this development has been calculated to be $473 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%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election.
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), adopted January 17, 2024.
•Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the District.
With the adoption of the Resolutions and the first reading of the amended Ordinance, the adoption of the amended Ordinance would be scheduled for March 20, 2024.
Discussion
The Resolution of Intention called for a public hearing to be held on March 6, 2024, on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the
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Mayor and City Council may adopt the resolution establishing the CFD.
Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2024-043, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2024-044 declaring the results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.
Fiscal Impact
All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.
Conclusion
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. 2024-043 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 39); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-044 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. 39); and
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5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1630 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1630 for March 20, 2024.
Attachments
Attachment 1 - Resolution No. 2024-043- Resolution Calling Election Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Exhibit D Full Text of Proposition
Attachment 6 - Resolution No. 2024-044- Resolution Declaring Election Results
Attachment 7 - Exhibit A Certificate of Election Results Attachment 8 - Ordinance No. MC-1630
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 - Signed Petition & Waiver
Attachment 12 - PowerPoint Presentation
Attachment 13 - 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 “Mello-Roos Community Facilities Act of 1982.” July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of 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
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expenses with respect to Community Facilities District No. 2019-1.
January 17, 2024 Mayor and City Council adopted Resolution No. 2024-012, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.
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Resolution No. 2024-043
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RESOLUTION NO. 2024-043
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
39)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019, after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and
WHEREAS, the City Council on January 17, 2024, duly adopted Resolution No. 2024- 012 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for March 6, 2024; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 39 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on January 18, 2024, in Book 91 of Maps of Assessment and
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Community Facilities Districts at Page 35, in the office of the San Bernardino County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on March 6, 2024, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the March 6, 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the City Clerk has concurred in the election date set forth herein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2.Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
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SECTION 3.Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council, with respect to the annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92410, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on March 6, 2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on January 18, 2024 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have
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one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be included in the ballot pamphlet mailed to each qualified elector. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on March 6, 2024. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on March 6, 2024, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office.
SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 13. Effective Date. This Resolution shall become effective immediately.
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of March 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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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. 2024-043, adopted at a regular meeting held on the 6 th day of March 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. 39 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
0278-191-12 PME Oakmont Tippecanoe LP
0278-191-17 PME Oakmont Tippecanoe LP
0278-191-25 PME Oakmont Tippecanoe LP
0278-191-28 PME Oakmont Tippecanoe LP
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EXHIBIT B
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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“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 1 st 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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“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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“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 City of San Bernardino 4
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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
1 Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential Property
(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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TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
1 Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential
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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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
1 Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
(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
1 Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
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 City of San Bernardino 7
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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 Maximum Special
Tax B (Contingent)
$0
Tracts
TR 17170
Taxable Unit
1 Acre
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 City of San Bernardino 8
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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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I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
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APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
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 40
LM 2022-019
Item
1 Description
Lighting
Estimated Cost
$864
2 3
4 Streets $3,658
$488
$751
$1,000
$6,761
Drainage
Reserves
Admin5
Total
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 40
FY 2023-24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Non-Residential Property
Taxable
Unit
Acre
Maximum
Special Tax A
$473
Maximum
Special Tax B
$0
TAX ZONE 40
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $473 $0
City of San Bernardino
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TAX ZONE SUMMARY
Tax
Zone
1 2
3 4
5 6
7 Tract
APN
17170
Fiscal
Year
Maximum
Special Tax A
$961 / RU
Maximum
Special Tax BAnnexation
Original
1 Subdivider
Santiago Communities, Inc.
JEC Enterprises, Inc.
GWS #4 Development, LLC
Devore Storage Facility, LLC
TH Rancho Palma, LLC
Strata Palma, LLC
2019-20
2019-20
2020-21
2019-20
2020-21
2020-21
2020-21
2021-22
2021-22
2021-22
2021-22
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
$0 / RU
$0 / RU17329 $473 / RU
2 3
4 5
6 7
8 9
PM 19814
0266-041-39
TR 20006
PM 19701
PM 20112
TR 20293
LM 2019-021
TR 20189
LD 1900086
TR 20305
LLA 2020-004
TR 5907
0136-191-21
TR 20216
TR 20145
CUP 20-07
TR 20258
LM 21-10
$608 / Acre
$1,136 / Acre
$344 / RU
$0 / Acre
$0 / Acre
$57 / RU
$528 / Acre
$0 / Acre
$334 / Acre
$232 / Acre
$154 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / RU
$1,895 / Acre
$3,197 / Acre
$2,913 / Acre
$815 / Acre
$490 / Acre
$1,472 / Acre
$175 / Acre
$1,169 / Acre
$2,268 / Acre
$5,277 / Acre
$7,089 / Acre
$646 / RU
San Bernardino Medical Center LLC
ICO Fund VI, LLC
TR 2600 Cajon Industrial LLC
Central Commerce Center, LLC
Lankershim Industrial, LLC
Prologis, LP
Dreamland Real Estate Holdings
Magic Laundry Services, Inc.
Ahmad Family Trust
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 Gateway SB, LLC
RCH-CWI Belmont, LP
George A. Pearson
RGC Family Trust
170 East 40th Street, LLC
108 Highland, LP
SBABP IV, LLC
1300 E Highland Ave LLC
Vone SB, LLC
PI Properties, LLC
Pacific West Company, et al.
$7,433 / Acre $0 / Acre
$0 / RU$588 / RU
$5,284 / Acre
$6,397 / Acre
$807 / Acre
$847 / Acre
$1,385 / Acre
$174 / RU
$0 / Acre
$0 / Acre
$0 / Acre
$320 / Acre
$978 / Acre
$17 / RU
$45 / RU
LM 22-04
LM 2021-013
TR 4592
LLA 2020-005
TR 20494
TR 20495 $204 / RU
To Be Determined
$1,851 / Acre
$595 / RU
$922 / Acre
$2,957 / Acre
$358 / Acre
28 29
30 31
32 PM 20320
TR 17329
LL 2022-11
PM 20143
PM 20334
PM 3613,
2022-23
2023-24
2022-23
2022-23
2023-24
$292 / Acre
$0 / RU
$372 / Acre
$1,855 / Acre
$94 / Acre
SB Drake Central Avenue LLC
Verdemont Ranch 20, LLC
CIVF VI – CA1W01, LLC
California Cajun Properties LLC
Elliott Precision Block Co.
32 33
34 33
34 35
2022-23
2023-24
2023-24
$1,094 / Acre
$2,785 / Acre
$533 / Acre
$186 / Acre
$158 / Acre
$193 / Acre
S.B. Universal Self Storage LLC4230 & 4250
PM 20392 GWS#7 Development, LLC
MLG SB Land LLC &
Grandfather’s Land Holdings LLCCUP 21-16
35 36
37 36
37 38
CUP 22-03
LM 2022-007
TR 18895
2023-24
2023-24
2023-24
$6,648 / Acre
$1,261 / Acre
$706 / RU
$0 / Acre
$0 / Acre
$0 / Acre
SimonCRE JC Saguaro III, LLC
DP Industrial Parkway LLC
MV RE Holdings LLC
In-N-Out Burgers, a California
Corporation38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre 39 40
41 40
41 42
LM 2022-19
LLA 2023-010
PM 20216
2023-24
2023-24
2023-24
$473 / Acre
$2,132 / Acre
$7,925 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
PME Oakmont Tippecanoe LP
Shandon Hills Plaza LLC
Inland Maple Partners LLC
City of San Bernardino
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ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
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APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.
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APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES City of San Bernardino
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EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 39
(March 6, 2024)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
PME Oakmont Tippecanoe, LP 15.05 16
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above- named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019 -1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than February 21, 2024, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 6, 2024, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on March 6, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
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TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
PME Oakmont Tippecanoe, LP
Attn: John Atwell
3520 Piedmont Road, Suite 100
Atlanta, GA 30305
0278-191-12, 0278-191-17
0278-191-25, 0278-191-28
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rate set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $473
plus an annual increase on each July 1, commencing on July 1, 2024 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, to finance certain services including lighting, streets, and drainage as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-012 adopted by the City Council of the City of San Bernardino on January 17, 2024 (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019- 1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above- named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.
John Atwell
Senior Vice President
Signature
Print Name
Title
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EXHIBIT D
FULL TEXT OF PROPOSITION
SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF
LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO . 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 39)
March 6, 2024
SPECIAL TAX BALLOT MEASURE:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $473
plus an annual increase on each July 1, commencing on July 1, 2024 the Maximum Special Tax shall increase by i) the percentage increase in the C onsumer 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. On each July 1, commencing on July 1, 2024 the Maximum Special Tax A shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) si nce the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whiche ver is greater, to finance certain services including lighting, streets, and drainage as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-012 adopted by the City Council of the City of San Bernardino on January 17, 2024 (including incidental expenses), and shall an ap propriation limit be established for the Community Facilities No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
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Resolution No. 2024-044
Resolution No. 2024-044
March 6, 2024
4 0
7 4
RESOLUTION NO. 2024-044
RESOLUTION 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. 39)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a Resolution No. 2024-043 calling a special election for March 6, 2024 and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question 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 as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated March 6, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed, and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election.
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.Ballot Measure. This Council hereby finds, determines, and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code.
SECTION 3.Annexation. This Council hereby finds, determines, and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said
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Resolution No. 2024-044
Resolution No. 2024-044
March 6, 2024
4 0
7 4
Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-012 adopted by the Mayor and City Council on January 17, 2024. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 39 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on January 18, 2024, in Book 91 of Maps of Assessment and Community Facilities Districts at Page 35, in the office of the San Bernardino County Recorder.
SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of March 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. 2024-044
Resolution No. 2024-044
March 6, 2024
4 0
7 4
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. 2024-044, adopted at a regular meeting held on the 6 th day of March 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
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 39
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated January 18, 2024, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date.
Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
PME Oakmont Tippecanoe, LP 16 16
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2024.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
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Ordinance No. MC-1630
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7 ORDINANCE NO. MC-1630
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING
SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on March 6, 2024, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on
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Ordinance No. MC-1630
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7 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2024.
Helen Tran, Mayor
City of San Bernardino
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Ordinance No. MC-1630
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7 Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Ordinance No. MC-1630
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7 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1630, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 6 th day of March, 2024. Ordinance No. MC-____ was approved, passed and adopted at a regular meeting held the ____ day of ______, 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 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 inc lude all costs attribut able to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways , streets, roads and open space, which maintenance and lighting services may inc lude, without lim itation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation s ituated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal fr om and maintenance and repair of public struc tures situated on parks, parkway s, streets, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water qualit y improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replac ement 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 appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential s ubdivisions 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 pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.
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EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of March 6, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21 7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25 Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25
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Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, - 15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33, -34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18, -19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40 37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28
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SHEET 1 OF 1 SHEET
ANNEXATION MAP NO. 39
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA.
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
THIS MAP WAS FILED UNDER DOCUMENT
_____________, THIS _______ DAY OF _______, 20 ____,
AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,
AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT
OF $_____________.
NUMBER
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA.
CHRIS WILHITE
ASSESSOR-RECORDER
SAN BERNARDINO COUNTY
BY:________________________________
DEPUTY RECORDER
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AT
ON THE ____ DAY OF ____________________,
A REGULAR MEETING THEREOF, HELD
20 ____.
BY ITS RESOLUTION NO. ____________________
_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO 0278-191-17
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____.
40_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO
0278-191-25
þ
18 þ
330
¤
66 0278-191-12
þ
210þ
259þ
0 LEGENDCFD 2019-1
TAX ZONE 40¤
66 _¤
66 ANNEXATION AREA BOUNDARY
§ ¦
215
PARCEL LINE
þ
38 CITY BOUNDARY
§ ¦
10 XXX-XXX-XXX
40 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.
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Public Hearing
CFD No. 2019-1 Annexation No. 39:
LLA 2022-019 (9th & Tippecanoe)
Presenter: Shane Spicer, Spicer Consulting Group
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Public Hearing on CFD 2019-1, Annexation No. 39
Recommended Action:
1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election, d. Adopt a Resolution declaring results of special landowner election; and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for March 20, 2024.
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Public Hearing on CFD 2019-1, Annexation No. 39
Discussion:
• The Property Owner, PME Oakmont Tippecanoe, LP, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
• The area proposed within Annexation No. 39 includes four (4) parcels, APNs 0278-191-12, -17, -25, -28.
• On January 17, 2024, the City Council adopted Resolution No. 2024-012, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on March 6, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night.
• The proposed maximum annual tax of $473 per acre for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 40.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.
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Public Hearing on CFD 2019-1, Annexation No. 39
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street-lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
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Project Location - CFD 2019-1, Annexation No. 39
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Public Hearing on CFD 2019-1, Annexation No. 39
Fiscal Impact:
• It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be approximately $6,761. All costs associated with the annexation is borne by the Developer. There is no fiscal impact to the City’s General Fund.
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Questions?
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TIPPECANOE
ST
SIXTH ST
OLIVE ST
SEVENTH ST
NINTH ST
UNION ST
VINE ST
DEL
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SAN
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PEOLE
RD
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MILL ST
16TH ST
SPRUCE ST
SIERRA W
AY
W
ATERM
AN AVE
NINTH ST
CAMPUS WAY
2ND ST
MAGNOLIA AVE
ORANGE SHOW RD
4TH ST
RANCHO AVE
BASE LINE ST
M
OUNTIAN AVE
CITRUS ST
PACIFIC ST
28TH ST
FOOTHILL DR
CEDAR AVE
34TH ST
TIPPECANOE ST
CENTRAL AVE
NORMAN RD
PENNSYLVANIA AVE
W
ATERM
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MILL ST
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SIERRA WAY
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 39
PROJECT MAP
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and
Housing Director
Community, Housing, & Economic Development (CED)
Public Hearing on Annexation No. 40 to Community
Facilities District 2019-1 (Ward 5)
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. 2024-045 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 40); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-046 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. 40); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1631 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 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 Packet Page. 827
respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1631 for March 20, 2024.
Executive Summary
The recommended action is the second 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 it’s impacts for maintenance service of public facilities as a result of the new development. The City Council approved the Resolution of Intention on January 17, 2024, setting today as the time and place of the public hearing. 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 January 17, 2024, the Mayor and City Council adopted Resolution No. 2024-013, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for March 6, 2024, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on January 18, 2024, at 1:54 p.m. in Book 91 Page 32, Document No. 2024-0014246 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 1.59 gross acres of an empty commercial lot within the City, requesting that the City assist them in annexing their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will consist of a 3,596 square foot car wash building and a smaller building for employee use. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:
1. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and
2. Maintenance of streets, including pavement management; and
3. City and County costs associated with the setting, levying and collection of the
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special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed area to be annexed into the CFD will be included in Tax Zone 41 and is located at the southwest corner of N. Shandin Hills Drive and Kendall Drive, as shown in Attachment #13.
The maximum annual special tax for this development has been calculated to be $2,132 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%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello- Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election.
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), adopted January 17, 2024.
•Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the District.
With the adoption of the Resolutions and the first reading of the amended Ordinance, the adoption of the amended Ordinance would be scheduled for March 20, 2024.
Discussion
The Resolution of Intention called for a public hearing to be held on March 6, 2024, on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.
Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is
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formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2024-045, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2024-046 declaring the results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.
Fiscal Impact
All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.
Conclusion
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. 2024-045 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 40); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-046 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. 40); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1631 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
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lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1631 for March 20, 2024.
Attachments
Attachment 1 - Resolution No. 2024-045- Resolution Calling Election Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Exhibit D Full Text of Proposition
Attachment 6 - Resolution No. 2024-046- Resolution Declaring Election Results
Attachment 7 - Exhibit A Certificate of Election Results Attachment 8 - Ordinance No. MC-1631
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 - Signed Petition & Waiver
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Ward:
Fifth Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of 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.
January 17, 2024 Mayor and City Council adopted Resolution No. 2024-013, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1
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(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.
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Resolution No. 2024-245
Resolution No. 2024-045
March 6, 2024