Agenda packet — Mayor and City Council, April 17, 2024 (part 3 of 5)

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RESOLUTION NO. 2024-077

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

RECITING THE FACTS OF THE PRIMARY MUNICIPAL
ELECTION HELD ON MARCH 5, 2024, CERTIFYING THE

ELECTION RESULTS AND SUCH OTHER MATTERS AS
PROVIDED BY LAW.

WHEREAS, the Primary Municipal Election was consolidated with the Statewide Primary Election and was conducted in the City of San Bernadino, California on Tuesday March 5, 2024, as required by law; and
WHEREAS, notice of the election was given in the time, form and manner as provided by law; that voting precincts were properly established; that elections officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the Elections Code of the State of California and the Charter of the City of San Bernardino for holding of elections; and
WHEREAS, the Registrar of Voters of the County of San Bernardino canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as ‘Exhibit “A.”

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

SECTION 1.That the whole number of ballots cast in the City of San Bernardino was 10,488.

SECTION 2.That the Names of Persons and the offices for which they were voted are as follows:

For the Office of Member of the City Council Ward 3 Votes Juan Figueroa 1,028
Christian T. Shaughnessy 903
For the Office of Member of the City Council Ward 5 Votes Henry Nickel 974
Rose Ward 162
Ben Reynoso 812
Chas A. Kelley 490

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Kim Knaus 1,440
For the Office of Member of the City Council Ward 6 Votes Mario Flores 939
Bessine Littlefield Richard 585
Write -In Candidate – Kimberly Calvin 273
For the Office of Member of the City Council Ward 7 Votes Damon L. Alexander 860
Treasure Ortiz 1,125
James F. “Jim” Penman 897
SECTION 3.That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit “A” attached.

SECTION 4.Pursuant to San Bernardino Municipal Code section 2.56.040, the City Council does declare and determine that Juan Figueroa was re-elected as a Member of the City Council to represent Ward 3 for the full term of four years; Mario Flores was elected as a Member of the City Council to represent Ward 6 for the full term of four years. The successful candidates shall be seated and shall begin their new term of service in December 2024. In addition, pursuant to San Bernardino Municipal Code Section 2.56.040, the City Council does declare and determine that the candidates for the office of Fifth Ward Council Member and Seventh Ward Council Member with the highest number of votes shall be entered into and appear on the ballot as the Fifth Ward Council Member and Seventh Ward Council Member candidates at the General Municipal Run Off Election to be held November 5, 2024, those candidates are Kim Knaus, Henry Nickel, Treasure Ortiz and James F. “Jim” Penman.

SECTION 5.The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For which office each person was voted for; (4) The number of votes given at each precinct to each person.

SECTION 6.That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

SECTION 7.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

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the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

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) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-XX, adopted at a regular meeting held on 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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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Joshua Dramitinos, Deputy Director of Economic Development Department: Economic Development
Subject: Resolution Declaring Intent to Annex Territory:

Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 45, Tax Zone No. 45 (GWS
#8) (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-070 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 45); and authorizing the levy of a special taxes therein.

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

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

On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community

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Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.

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

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

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

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

3. Maintenance of streets, including pavement management; and

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

The proposed development includes approximately 15.29 gross acres of industrially zoned property located at the northwest corner of Lena Road and Norman Road. This development will include an industrial warehouse building as a new Tax Zone No. 45 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 45), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $1,826 per acre for FY 2023/24 ($27,919.54). Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD.

To annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three

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statutorily required Resolutions and an Ordinance which are summarized below. •Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). •Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the District.

The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $27,913 to be used to pay for maintenance costs.

On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for June 5, 2024.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

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

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-070 of the Mayor and City Council of San Bernardino, California:
declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 45); and authorizing the levy of a special taxes therein

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Attachments
Attachment 1 – Resolution of Intention No. 2024-070
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:

Third 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.

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RESOLUTION NO. 2024-070

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

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

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 45) AND AUTHORIZING

THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice and word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established.

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

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

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

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

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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 45, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

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

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

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

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 4:00 p.m., or as soon thereafter as practicable, on Wednesday, June 5, 2024, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

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

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

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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday June 5, 2024 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 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. 2024-070, adopted at a regular meeting held on the 17 th day of April 2024 by the following vote:

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. 45 is currently comprised twenty-nine (29) parcels, located within the City boundaries.

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

APN Owner Name
0280-171-01 GWS #8 Development LLC
0280-171-02 GWS #8 Development LLC
0280-171-03 GWS #8 Development LLC
0280-171-04 GWS #8 Development LLC
0280-171-05 GWS #8 Development LLC
0280-171-06 GWS #8 Development LLC
0280-171-07 GWS #8 Development LLC
0280-171-08 GWS #8 Development LLC
0280-171-09 GWS #8 Development LLC
0280-171-10 GWS #8 Development LLC
0280-171-11 GWS #8 Development LLC
0280-161-15 GWS #8 Development LLC
0280-161-16 GWS #8 Development LLC
0280-161-03 GWS #8 Development LLC
0280-161-30 GWS #8 Development LLC
0280-161-18 GWS #8 Development LLC
0280-161-17 GWS #8 Development LLC
0280-151-27 GWS #8 Development LLC
0280-151-28 GWS #8 Development LLC
0280-161-05 GWS #8 Development LLC
0280-161-06 GWS #8 Development LLC
0280-161-07 GWS #8 Development LLC
0280-161-08 GWS #8 Development LLC
0280-161-09 GWS #8 Development LLC
0280-161-10 GWS #8 Development LLC
0280-161-11 GWS #8 Development LLC
0280-161-12 GWS #8 Development LLC
0280-161-13 GWS #8 Development LLC
0280-161-14 GWS #8 Development LLC

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EXHIBIT B

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

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

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

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

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

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

OF THE CITY OF SAN BERNARDINO

A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019 -1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019 -1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS

“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.

“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inqui ries regarding the Special Tax es; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019 -1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

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

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

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

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

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

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

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

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

“City” means the City of San Bernardino.

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

“County” means the County of San Bernardino.

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

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

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

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

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

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

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

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

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

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

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

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

“Service(s)” means services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 201 9-1 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 operatin g reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circu mstances shall the Special Tax A Requirement include funds for Bonds.

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

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

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

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

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

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

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

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or sh own 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 Un its by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s

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

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

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY

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

(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 20 20 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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

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

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Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY

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

On each July 1, commencing on July 1, 20 20 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY

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

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

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

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

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY

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

(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 20 20 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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

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

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

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY

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

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

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Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY

Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0

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

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;

Second: I f additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;

Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has b een completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of

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Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

First: The S pecial Tax shall be levied 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: I f additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;

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 th e 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. 201 9-1 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 45
PM 20412

Item Description Estimated Cost
1 Landscaping $1,709
2 Lighting $8,564
3 Streets $11,858
4 Reserves $3,320
5 Admin $2,463
Total $27,913

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 45
FY 2023-24 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $1,826 $0

TAX ZONE 45
FY 2023-24 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $1,826 $0

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TAX ZONE SUMMARY

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC

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Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC 44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC 45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 20 20 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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APPENDIX B

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

DESCRIPTION OF AUTHORIZED SERVICES

The services which may be funded with proceeds of the special tax of CFD No. 201 9-1, 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 i mprovements within flood control channel improvements; and

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

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

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APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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EXHIBIT D
SHEET 1 OF 1 SHEET
ANNEXATION MAP NO. 45
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
0280-151-27

BERNARDINO AT
ON THE ____ DAY OF ____________________,

A REGULAR MEETING THEREOF, HELD
20 ____.
0280-151-28
BY ITS RESOLUTION NO. ____________________
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____.
0280-171-05
0280-171-04
0280-171-03
0280-171-02
0280-171-07
0280-171-08
0280-171-09
0280-171-10
0280-171-11
0280-161-03
0280-161-15
0280-161-17
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
45 0280-161-30 0280-171-06
0280-161-16
þ
18 þ
330
¤
66 þ
210þ
259
0280-171-01
þ
0 ¤
66 LEGEND
¤
66 ANNEXATION AREA BOUNDARY

PARCEL LINE
CFD 2019-1
TAX ZONE 45
§ ¦ _
215
þ
38 CITY BOUNDARY
§ ¦
10 XXXX-XXX-XX
45 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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EXHIBIT E

PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO

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

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

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

COMMUNITY FACILITIES DISTRICT

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

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

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

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

5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code.

6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to

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annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure.

IN WITNESS WHEREOF, I hereunto set my hand this _ꢀ_ꢁ__ day of _ _)_H_E_UX_D_U_\__, 20_ꢀ_ꢂ_.

OWNER'S PROPERTY:

TRACT MAP OR PARCEL MAP NO.
or PROJECT NO. PM 20412
OWNER'S MAILING ADDRESS:
_9__0_1_ _V_i_a_P__i e__m_o__n_te__,_S_u__it_e_1__7_5_,_O_ _n_t_a_t_io_,__C_A__91764 __________________________________________
__________________________________________

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS ____ DAY OF __________, 20___.
_____________________________________
City Clerk of the City Council of the
City of San Bernardino

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INSERT EXHIBIT A: BOUNDARY DESCRIPTION
(Provide Legal Description)

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Order Number: NCS-1109250-ONT1
Page Number: 7

LEGAL DESCRIPTION
Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows:

PARCEL A: (APNS: 0280-171-01-0-000, 0280-171-02-0-000, 0280-171-03-0-000, 0280-171-04-0-000, 0280-171-05-0-000; 0280-171-06-0-000, 0280-171-07-0-000, 0280-171-08-0-000, 0280-171-09-0-000, 0280-171-10-0-000, 0280-171-11-0-000, 0280-161-15-0-000, 0280-161-16-0-000, 0280-161-03-0-00, 0280-161-30-0-000, 0280-161-18-0-000, 0280-161-17-0-000, 0280-161-05-0-000, 0280-161-06-0-000, 0280-161-07-0-000, 0280-161-08-0-000, 0280-161-09-0-000, 0280-161-10-0-000, 0280-161-11-0-000, 0280-161-12-0-000, 0280-161-13-0-000 AND 0280-161-14-0-000) PARCEL 1 OF PARCEL MAP NO. 20412, RECORDED DECEMBER 19, 2023, ON FILE IN BOOK 262, PAGES 62 THROUGH 66, INCLUSIVE, OF MAPS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERALS OF EVERY KIND AND CHARACTER CONVEYED TO NORTEX MINERALS NO. 2, L.P., A TEXAS LIMITED PARTNERSHIP BY GRANT DEED RECORDED OCTOBER 22, 2018 AS INSTRUMENT NO. 2018-0436225 OF OFFICIAL RECORDS.

PARCEL B: (APNS: 0280-151-27-0-000 AND 0280-151-28-0-000) PARCEL 2 OF PARCEL MAP NO. 20412, RECORDED DECEMBER 19, 2023, ON FILE IN BOOK 262, PAGES 62 THROUGH 66, INCLUSIVE, OF MAPS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER CONVEYED TO NORTEX MINERALS NO. 2, L.P., A TEXAS LIMITED PARTNERSHIP BY GRANT DEED RECORDED SEPTEMBER 30, 2020 AS INSTRUMENT NO. 2020-0371078 OF OFFICIAL RECORDS.

First American Title Insurance Company

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INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP
(Please Provide a Current Parcel Map)

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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 45)

NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on April 17, 2024 adopted its Resolution No. 202 4-___, in which it declared its intention to annex territory to existing Community Facilities District No. 201 9-1 (Maintenance Services) (the "CFD No. 2019 -1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 4:00 p.m., or as soon thereafter as practicable, Wednesday, June 5, 2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019 -1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the June 5, 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 Bernardin o, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909- 384-5002.

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

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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 45

(June 5, 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
GWS #8 Development, LLC 15.29 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 May 22, 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 4:00 p.m. on June 5, 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 June 5, 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):

GWS #8 Development, LLC
Attn: Scott Morse
901 Via Piemonte, Suite 175
Ontario, CA 91764
0280-171-01, -02, -03, -04, -05, -06, -07, -08,
-09, -10, -11, 0280-161-03, -05, -06, -07, -08,
-09, -10, -11, -12, -13, -14, -15, -16, -17, -18,
-30, 0280-151-27, 0280-151-28

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 $1,826
plus an annual increase on each July 1, commencing on July 1, 202 4 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside - San Bernardino - O ntario ( December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 45 of Community Facilities District No. 2019- 1 (Maintenance Services) City of San Bernardino” including landscaping, lighting, and streets,
as provided in the Rate and Method of
Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-__ adopted by the City Council of the City of San Bernardino on April 17 , 2024, 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__.

Scott Morse
Vice President

Signature

Print Name

Title

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EXHIBIT H

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CENTRAL AVE
FOISY
ST

DRAKE DR

NORMAN RD

DUMAS ST

CLEVENGER
DR

ENNIS ST
LENA
RD

LANCOLN
AVE
VALLEY
VIEW

AVE
W
ATERM
AN
AVE
W

ASHINGTON
AVE
AM
OS
AVE

ORANGE SHOW RD
^_

MILL ST

SPRUCE ST

SIERRA W

AYNINTH ST
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE

BASE LINE ST

SECOND ST

PEPPER AV

CEDAR AVE

TIPPECANOE ST

CENTRAL AVE
M

ERIDIAN AVE

SAN BERNARDINO AVE NORMAN RD

PENNSYLVANIA AVE
W
ATERM
AN AVE

CITRUS AVE

ACADEMY ST
M
T.VIEW
AVE

COLTON AVE

REDLANDS BLVD

MILL ST
§¨¦
10 §¨¦
215
£¤66
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 45

PROJECT MAP

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1 9
6 2

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1634 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).

Executive Summary
The recommended action is the final step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impact for maintenance service of public facilities resulting from the new development. The Public Hearing was held on April 3, 2024, approving the annexation and the first reading of the Ordinance was conducted. 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 February 21, 2024, the Mayor and City Council adopted Resolution No. 2024-030, 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.” On April 3, 2024, the Mayor and City Council adopted Resolution No. 2024-063 calling an election to submit to the qualified electors the question of levying a special tax within

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1 9
6 2
the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 37), and adopted Resolution No. 2024-064 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 37).

Discussion
On April 3, 2024, Ordinance No. MC-1634 was introduced for first reading to the Mayor and City Council. The Ordinance is now being returned to the Mayor and City Council for adoption. The Ordinance will become effective 30 days from the date of adoption. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District have been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 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, adopt Ordinance No. MC-1634 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).

Attachments
Attachment 1 – Ordinance No. MC-1634 (Ordinance Levying Special Taxes) Attachment 2 – Exhibit A – Description of Services
Attachment 3 – Exhibit B – Description of Territory
Attachment 4 – Project Location Map
Ward:

Third 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.”

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1 9
6 2
July 17, 2019, Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the 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, Mayor and City Council conducted the 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.

February 21, 2024, Mayor and City Council adopted Resolution No. 2024-030, 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.” April 3, 2024, Mayor and City Council adopted Resolution No. 2024-063 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 37), and adopted Resolution No. 2024-064 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 37); and introduced Ordinance No. MC-1634 amending Ordinance No. MC-1522.

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Ordinance No. MC-1634
1 4
2 8
7 ORDINANCE NO. MC-1634

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 April 3, 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,

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Ordinance No. MC-1634
2 4
2 8
7 authorized the levy of a special tax within the District, and called an election within the District on 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-1634
3 4
2 8
7 Attest:

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

Sonia Carvalho, City Attorney

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Ordinance No. MC-1634
4 4
2 8
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-1634, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 3rd day of April, 2024. Ordinance No. MC-1634 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2024 by the following vote:

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.

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EXHIBIT B

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. 37 is currently comprised of twelve (12) parcels, located within the City boundaries.

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

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

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CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 37

PROJECT MAP

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Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 44, Tax Zone No. 44
(Everhome Suites) (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-069 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area proposed (Annexation No. 44) and authorizing the levy of special taxes therein.

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

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

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

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

2. Maintenance of streets, including pavement management; and

3. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and

The proposed development includes approximately 1.72 gross acres of a parking lot with landscaping, and a dirt lot. The property is located north of E. Harriman Place, immediately north of 898 E. Harriman Place. This development will include a four-story extended stay hotel with 114 rooms and a gross building area of approximately 57,830 square feet as a new Tax Zone No. 44 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 44), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $1,672 per acre for FY 2023/24 ($2,875.84). Special Tax rate is proposed to escalate each year at the greater

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of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. •Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). •Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the District.

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

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

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Resolution No. 2024-069 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 44) and authorizing the levy of a special taxes therein.

Attachments
Attachment 1 – Resolution of Intention No. 2024-069
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:

Third Ward
Synopsis of Previous Council Actions:

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Resolution No. 2024-069
Resolution No. 2024-069
April 17, 2024

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RESOLUTION NO. 2024-069

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

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

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 44) AND AUTHORIZING

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

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

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

SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may

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Resolution No. 2024-069
Resolution No. 2024-069
April 17, 2024

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annex to CFD No. 2019-1 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 44, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

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

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Resolution No. 2024-069
Resolution No. 2024-069
April 17, 2024

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

SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday, June 5, 2024 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 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. 2024-069
Resolution No. 2024-069
April 17, 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. 2024-069, adopted at a regular meeting held on the 17 th day of April 2024 by the following vote:

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. 44 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0281-361-28 Paladin Equity SB LLC

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EXHIBIT B

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

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

OF THE CITY OF SAN BERNARDINO

A. DEFINITIONS

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

“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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“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.

“County” means the County of San Bernardino.

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

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

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

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“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.

“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.

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

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

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

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

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

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

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

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TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY

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

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City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY

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

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY

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

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY

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

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

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

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY

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

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

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The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY

Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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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.

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City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)

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City of San Bernardino 11
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX A

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

COST ESTIMATE

TAX ZONE 44
PM 18704

Item Description Estimated Cost
1 Landscaping $775
2 Streets $182
3 Drainage $674
4 Reserves $245
5 Admin $1,000
Total $2,875

TAX ZONE 44
FY 2023-24 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $1,672 $0

TAX ZONE 44
FY 2023-24 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $1,672 $0

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City of San Bernardino 12
Community Facilities District No. 2019-1 (Maintenance Services)

TAX ZONE SUMMARY

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California 39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC 43 43 TR 20527 2023-24 $4,518 / Acre $0 / Acre Gateway SB LLC

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City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
44 44 PM 18704 2023-24 $1,672 / Acre $0 Paladin Equity SB LLC

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City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX B

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

DESCRIPTION OF AUTHORIZED SERVICES

(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 i mprovements within flood control channel improvements; and

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

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City of San Bernardino 15
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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EXHIBIT D
SHEET 1 OF 1 SHEET
ANNEXATION MAP NO. 44
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 44
0281-361-28FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____.
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
þ
18 þ
330
¤
66 þ
210þ
259þ
0 ¤
66 LEGEND
¤
66 ANNEXATION AREA BOUNDARY

PARCEL LINE
§ ¦
215
CFD 2019-1
TAX ZONE 44
_ þ
38 CITY BOUNDARY
§ ¦
10 XXXX-XXX-XX
44 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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EXHIBIT E

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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 44)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on April 17, 2024 adopted its Resolution No. 2024-__ _, in which it declared its intention to annex territory to existing Community Facilities District No. 201 9-1 (Maintenance Services) (the "CFD No. 2019-1 "), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 4:00 p.m., or as soon thereafter as practicable, Wednesday, June 5, 2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019- 1. At the hearing, the testimony of all interest pers ons 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 June 5, 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, 9241 0. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909- 384-5002.

DA
TED: ____________, 2024 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2024

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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 44
(June 5, 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
Paladin Equity SB LLC 1.72 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above- named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This
special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019 -1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Ma
il
Delivery:

Per
sonal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than May 22, 2024, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

If in person, deliver to the City Clerk at any time up to 4:00 p.m. on June 5, 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 receiv ed by the Clerk prior to the close of the public meeting on
June 5, 2024.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

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

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

Paladin Equity SB LLC
Attn: Midi Kimura
2600 Mission Street, Suite 203
San Marino, CA 91108
0281-361-28

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 $1,672
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 within the territory identified on the map entitled “Annexation Map No. 44 of Community Facilities District No. 2019- 1 (Maintenance Services) City of San Bernardino” including landscaping, streets, and drainage as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024- __ adopted by the City Council of the City of San Bernardino on March 20, 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__.

M
idi Kimura
Managing Director
Signature
Print Name
Title

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EXHIBIT H

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HOSPITALITY
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SECOND ST

PEPPER AV

CEDAR AVE

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215
£¤66
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 44

PROJECT MAP

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Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 43, Tax Zone No. 43 (Quick
Quack 5th and G) (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-068 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area proposed (Annexation No. 43); and authorizing the levy of special taxes therein.

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

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

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

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 special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.

The proposed development includes approximately 1.31 gross acres of a vacant lot.

The property is located at the southeast corner of 5th Street and G Street. At build out, this development will include a 3,596 square-foot Quick Quack Car Wash building and a smaller building for employee use as a new Tax Zone No. 43 within CFD No. 2019- 1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. To annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 43), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $7,172 per acre for FY 2023/24. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD.

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•Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). •Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the District.

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

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-068 of the Mayor and City Council of San Bernardino, California,

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declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area proposed (Annexation No. 43); and authorizing the levy of special taxes therein.

Attachments
Attachment 1 – Resolution of Intention No. 2024-068
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:

First Ward
Synopsis of Previous Council Actions:

July 17, 2019, Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No.

MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

August 7, 2019, Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

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Resolution No. 2024-068
Resolution No. 2024-068
April 17, 2024

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RESOLUTION NO. 2024-068

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

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

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 43) AND AUTHORIZING

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

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

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

SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may

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Resolution No. 2024-068
Resolution No. 2024-068
April 17, 2024

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annex to CFD No. 2019-1 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 43, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 5:00 p.m., or as soon thereafter as practicable, on Wednesday, June 5, 2024, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

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

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Resolution No. 2024-068
Resolution No. 2024-068
April 17, 2024

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 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. 2024-068
Resolution No. 2024-068
April 17, 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. 2024-068, adopted at a regular meeting held on the 17 th day of April 2024 by the following vote:

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 . 43 is currently comprised of six (6) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0134-101-28 Gateway SB LLC
0134-101-02 Gateway SB LLC
0134-101-03 Gateway SB LLC
0134-101-04 Gateway SB LLC
0134-101-05 Gateway SB LLC
0134-101-06 Gateway SB LLC

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EXHIBIT B

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

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

OF THE CITY OF SAN BERNARDINO

A. DEFINITIONS

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

“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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“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.

“County” means the County of San Bernardino.

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

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

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

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“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.

“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.

“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.

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

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

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

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TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY

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

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City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY

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

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY

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

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY

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

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

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY

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

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

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The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY

Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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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.

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City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)

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City of San Bernardino 11
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX A

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

COST ESTIMATE

TAX ZONE 43
TR 20527

Item Description Estimated Cost
1 Lighting $3,288
2 Streets $3,950
3 Reserves $1,086
4 Admin $1,000
Total $9,323

TAX ZONE 43
FY 2023-24 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $7,172 $0

TAX ZONE 43
FY 2023-24 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $7,172 $0

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City of San Bernardino 12
Community Facilities District No. 2019-1 (Maintenance Services)

TAX ZONE SUMMARY

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California 39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC 43 43 TR 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC

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City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
44 44 PM 18704 2023-24 $1,672 / Acre $0 Paladin Equity SB LLC

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City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX B

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

DESCRIPTION OF AUTHORIZED SERVICES

(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 i mprovements within flood control channel improvements; and

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

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City of San Bernardino 15
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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EXHIBIT D
SHEET 1 OF 1 SHEET
ANNEXATION MAP NO. 43
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

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

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA.

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

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

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

NUMBER

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES

DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP

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

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

CHRIS WILHITE

ASSESSOR-RECORDER

SAN BERNARDINO COUNTY
BY:________________________________

DEPUTY RECORDER

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

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS

APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN

BERNARDINO AT
ON THE ____ DAY OF ____________________,

A REGULAR MEETING THEREOF, HELD
20 ____.

BY ITS RESOLUTION NO. ____________________
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____. 43
0134-101-28_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
þ
18 þ
330
¤
66 þþ
259
210
þ
0 ¤
66 LEGENDCFD 2019-1
TAX ZONE 43
_¤
66 ANNEXATION AREA BOUNDARY

PARCEL LINE
§ ¦
215
þ
38 CITY BOUNDARY
§ ¦
10 XXXX-XXX-XX
43 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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PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO

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

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

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

COMMUNITY FACILITIES DISTRICT

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

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

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

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

5. Pursuant to Sections 53326(a) and 53327( b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not ha ving such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements re lating to hearings and special elec tions (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limit ed to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code.

6. The undersigned hereby consents to and expr essly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of th e Act or other laws of the State and any and all laws and requirements inco rporated therein, and no step or acti on in any proceeding relative to

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IN WITNESS WHEREOF, I hereunto set my hand this ____ day of __________, 20___.

[NAME OF LANDOWNER]

By: _____________________________________
N a m e :

Title:

O W N E R ' S P R O P E R T Y :

TRACT MAP OR PARCEL MAP NO.
o r P R O J E C T N O .

OWNER'S MAILING ADDRESS:

_______ ___________________________________

FILED IN THE OFFICE OF THE CITY CLER K OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS ____ DAY OF __________, 20___.

_____________________________________
City Clerk of the City Council of the
City of San Bernardino

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INSERT EXHIBIT A: BOUNDARY DESCRIPTION

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INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP

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WITNESS MY HAND.I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THEFOREGOING PARAGRAPH IS TRUE AND CORRECT.

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THEIDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE ISATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.STATE OF CALIFORNIACOUNTY OFON _________________________________ , BEFORE ME, __________________________________________________,NOTARY PUBLIC, PERSONALLY APPEARED ________________________________________, WHO PROVED TO MEON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TOTHE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME INHIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENTTHE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

SIGNATURE: _____________________________________MY PRINCIPAL PLACE OF BUSINESSSIGNATUREIS IN ____________________COUNTY______________________________MY COMMISSION EXPIRES ______________ NAME PRINTEDCOMMISSION NUMBER _________________ NOTARY ACKNOWLEDGMENT:
)) SS)
OWNER'S STATEMENT:WE HEREBY STATE THAT WE ARE THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND SUBDIVIDEDAS SHOWN ON THIS MAP, AND WE HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS PARCELMAP.WE HEREBY DEDICATE TO THE CITY OF SAN BERNARDINO FOR STREET AND PUBLIC UTILITY PURPOSES THATPORTION OF "G" STREET AND FIFTH STREET AS SHOWN ON THIS PARCEL MAP.WE HEREBY GRANT AN EASEMENT TO THE CITY OF SAN BERNARDINO FOR SIDEWALK PURPOSES THAT PORTION OFPARCEL 1 AS SHOWN ON THIS PARCEL MAP.GATEWAY SB, LLC, A CALIFORNIA LIMITED LIABILTY COMPANYBY:NAME: JIAN TORKANPOSITION: MANAGER IN THE CITY OF SAN BERNARDINO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIASHEET 1 OF 3 SHEETSNUMBER OF PARCELS: 1GROSS AREA = 1.300 ACRESNET AREA = 1.211 ACRES SURVEYOR'S STATEMENT:THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCEWITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF C3 CIVILENGINEERING IN MAY, 2023. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THEPOSITIONS INDICATED, OR THAT THEY WILL BE SET IN THOSE POSITIONS WITHIN 24 MONTHS AFTER RECORDATIONDATE OF THIS MAP, AND THAT THE MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BERETRACED AND THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLYAPPROVED TENTATIVE MAP.

PETER T. GRAY, P.L.S. NO. 9435DATEEXPIRATION DATE: 03-31-2025 CITY ENGINEER'S STATEMENT:I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND, AND THAT THE SUBDIVISION SHOWN HEREON ISSUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED REVISIONSTHERETO, AND THAT ALL THE PROVISIONS OF THE SUBDIVISION MAP ACT AND THE CITY OF SANBERNARDINO MUNICIPAL CODE HAVE BEEN COMPLIED WITH.BY:___________________________________________________SUSAN J. PAN, RCE 42754DATEACTING DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER ACCEPTANCE CERTIFICATE:THE UNDERSIGNED OFFICER, ON BEHALF OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SANBERNDARINO, PURSUANT TO AUTHORITY CONFERRED BY SECTION 19.02.040 (6) (G,H) OF THE CITY OF SANBERNARDINO DEVELOPMENT CODE, HEREBY APPROVES THIS MAP AND ACCEPTS THE OFFER OF DEDICATIONFOR STREET AND PUBLIC UTILITY PURPOSES OF "G" STREET AND FIFTH STREET AND EASEMENT FORSIDEWALK PURPOSES AS SHOWN ON THIS MAP.BY:___________________________________________________SUSAN J. PAN, RCE 42754DATEACTING DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEERAUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR'S CERTIFICATE:I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THE OFFICE, AS OF THIS DATE, THERE ARE NOLIENS AGAINST THE REAL PROPERTY SHOWN UPON THIS MAP FOR UNPAID STATE, COUNTY, MUNICIPAL ORLOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIALASSESSMENTS, NOT YET PAYABLE, ESTIMATED TO BE:_________________.ENSEN MASONAUDITOR-CONTROLLER/TREASURER/TAX COLLECTORSAN BERNARDINO COUNTYBY:__________________________________________________DEPUTYDATEBOARD OF SUPERVISOR'S CERTIFICATE:I HEREBY CERTIFY THAT A BOND IN THE SUM OF ______________ HAS BEEN EXECUTED AND FILED WITH THEBOARD OF SUPERVISOR'S SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, CONDITIONED UPON THEPAYMENT OF ALL TAXES, (STATE, COUNTY, MUNICIPAL OR LOCAL), AND ALL SPECIAL ASSESSMENTS,COLLECTED AS TAXES WHICH AT THE TIME OF FILING OF THIS MAP WITH SAN BERNARDINO COUNTYASSESSOR-RECORDER-COUNTY CLERK ARE A LIEN AGAINST SAID PROPERTY, BUT NOT YET PAYABLE ANDTHAT THE SUBDIVIDER HAS FILED WITH ME A CERTIFICATE BY THE PROPER OFFICER GIVING HIS ESTIMATEOF THE AMOUNT OF SAID TAXES AND SPECIAL ASSESSMENTS, AND SAID BOND IS HEREBY ACCEPTED.LYNNA MONELL, CLERK OF THE BOARD OF SUPERVISOR'SSAN BERNARDINO COUNTYBY:___________________________________________________DEPUTYDATE SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE:THIS MAP AS BEEN FILED UNDER DOCUMENT NUMBER ______________________________________,THIS ______ DAY OF ____________, 20___, AT ________ IN BOOK ___________________ OF MAPS ATPAGE(S) __________________, AT THE REQUEST OF _______________________________, IN THE AMOUNT OF$__________________.CHRISASSESSOR-RECORDER/CLERKSAN BERNARDINO COUNTYBY:__________________________________________________DEPUTY PARCEL MAP NO. 20527BEING A SUBDIVISION OF PORTIONS OF LOTS 5, 6, AND 7 IN BLOCK 27, AS SHOWNON PLAN OF THE CITY OF SAN BERNARDINO, CAL., AS PER MAP RECORDED INBOOK 7, PAGE 1 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY.DRG, INC. DATE OF SURVEY: MAY 2023 10-06-2023

LOT CONSOLIDATION PURPOSES
CITY SURVEYOR'S STATEMENT:I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT IF CONFORMS WITH TH EMAPPINGPROVISIONS OF THE SUBDIVISION MAP ACT AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT.BY:______________________________________________________________DAVID W. KROMMENHOEK, PLS 9455DATE BASIS OF BEARINGS:THE CENTERLINE OF "G" STREET BETWEEN 5TH STREET AND 4TH STREET,BEING N00°10'30"W PER PARCEL MAP NO. 7152, P.M.B. 76/4-5

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PARCEL MAP NO. 7152P.M.B. 76/4-5
PARCEL 1INST. NO. 2006-0536309REC. 08/07/2006, O.R.

FD. 1" I.P. ILLEGIBLE DOWN 0.3' PERP.M. NO. 20216 P.M.B. 258/66-67ACCEPTED AS C/L INT.C/L 5TH STREETEST. BY INT. OF 5TH STREET TOTHE EAST AND "F' STREET TOTHE SOUTH - SEE DETAIL "B"ACCEPTED AS C/L INT.N89°49'06"W 681.70' (N89°49'22"W 681.67') N00°02'05"W 680.80' [N00°00'10"E 680.82'] <N00°00'37"E 680.82'> N89°54'31"W 679.70' (N89°54'34"W 679.68')
N00°10'30"W 681.36' (N00°10'30"W 681.40')
N00°10'53"W 680.18'
N89°55'35"W 680.00' [N89°53'25"W 680.01']
189.74' (189.74')489.49' [489.70']
<N89°55'29"W 679.61'> ((N89°46'48"E 679.62'))
148.49' \{148.67'\}
N89°49'06"W 599.08'
149.89'
220.00' \{220.00'\}379.08'
191.14' (191.24')
N00°00'24"E 189.73'N89°52'11"E 258.60' (N89°50'42"E 258.61')180.05' (180.00')149.43' [149.48] <149.49'> 420.45' 261.25'
148.48' \{148.67'\}N89°49'06"W 161.29'(N89°49'22"W 161.25')C/L "G" STREET C/L "F" STREET
C/L "E" STREET
SNF - EST. BY TIES PER C.R. 221-025ACCEPTED AS C/L INT. - SEE DETAIL "A"FD. MAG NAIL FLUSH NO REF. FITS TIES PER C.R. 182-058 ACCEPTED AS C/L INT. -SET 1"X30" I.P. FLUSH WITH LEAD TAG STAMPED "LS 9735FD. MANHOLE WITH 4 L&T X-TIES PERC.R. 221-041 - FITS TIES PER C.R.311-108 - ACCEPTED AS C/L INT.

FD. L&T TAGGED "LS 5390" PERR.S.B. 164/54 - FITS TIES PER C.R.311-109 - ACCEPTED AS C/L INT.

FD. 1" I.P. TAGGED "RCE 23971" PERP.M.B. 186/14-15 & R.S.B. 164/54DOWN 0.3' - ACCEPTED AS POINT ONE'LY LINE "F" ST.

41.25'

41.25'41.25'

41.25'

41.25' 41.25'

41.25'

41.25'41.25'C/L EST. BY HOLDING L&T TAGGED "LS 5390"AT C/L "E' STREET AND 1" I.P. TAGGED "RCE23971" ON S'LY LINE 5TH STREET C/L 4TH STREET
N89°58'11"W 597.19' [N89°55'29"W 597.14'] <N89°55'29"W 597.23'>N89°58'11"W 679.67' [N89°55'29"W 679.62'] FD. BRASS DISK IN WELL MONUMENTPER C.R. 221-025, DOWN 0.7' ((N00°00'00"W 680.09'))N00°10'53"W 312.20'
C/L EST. BY HOLDING MAG NAIL ATC/L 4TH STREET AND 1" I.P. TAGGED"RCE 23971" ON E'LY LINE "F" STREET FD. 1" I.P. TAGGED "RCE 23971"PER P.M.B. 186/14-15 & R.S.B.164/54 - ACCEPTED AS POINTON S'LY LINE "F" ST.

PARCEL MAP NO. 15038P.M.B. 186/14-15
158.57' [158.57'] <158.57'>N00°00'24"W 597.81' [N00°02'08"E 597.93'] N89°55'35"W 597.48' [N89°53'25"W 597.49']
N00°02'05"W 598.27' [N00°0010"E 598.30']
SNF
N89°54'31"W 597.32' (N89°54'34"W 597.36')
N00°10'30"W 598.80'
448.90' (N00°10'30"W 448.94')
N00°00'24"W 597.85'449.36' (N00°00'28"W 449.40')
490.22' (490.16')
490.54' (490.62')
FD. 1" I.P. TAGGED "LS3035" 0.03' W PER P.M.NO. 7152 P.M.B. 76/4-5DOWN 0.3' SNF
FD. 1" I.P. TAGGED "LS3035", NO REFERENCEPER P.M. NO. 7152P.M.B. 76/4-5 DOWN 1.2'

41.25'
FD. 1" I.P. TAGGED "LS3035" IN LIEU OF 1" I.P.TAGGED "LS 2380, NOREFERENCE PER P.M.NO. 7152 P.M.B. 76/4-5DOWN 0.4' FD. 1" I.P. TAGGED "LS 3035"PER P.M. NO. 7152 P.M.B.76/4-5 DOWN 0.6'220.00' (220.00') \{220.00'\}41.25'

39.95' (40.00')N89°49'00"W 261.25'(N89°49'22"W 261.25')SNFS'LY LINE OF PARCELS 14 TO 19, INCLUSIVEOF INST. NO. 2021-0346596 REC. 08/02/2021,O.R. - EST. BY FOUND MONUMENTS PERP.M. NO. 7152 P.M.B. 76/4-5120.04'41.25'

41.25'

41.25'
SNFSNF
353.30'
N00°00'24"W 680.28' (N00°00'28"W 680.36') [N00°02'08"E 680.41']190.79' [190.73']RECORD OF SURVEYNO. 18-0118R.S.B. 164-54

41.25' (41.25')94.34' (94.62') 133.71' (133.75')

72.24' (72.26') T/O

61.47' (61.49')(41.22')76.92' (76.92')76.27' (76.27')C/L "G" STREETC/L 4TH STREET - FD. LEAD AND TACK PER C.R. 221-025, EXCEPT AS NOTED - SET 1"X30" I.P. FLUSH WITH LEAD TAG STAMPED "LS 9735"( ) - INDICATES RECORD DATA PER C.R. 221-025

40.79'
SURVEYOR'S NOTES: DETAIL "A" ONLY
FD. BRASS DISK INWELL MONUMENTPER C.R. 221-025,DOWN 0.7'C/L 3RD STREET20.76'(20.75') SNF - EST. BY TIES PER C.R. 185-045ACCEPTED AS C/L INT.C/L 6TH STREET326.88'FD. L&T TAGGED "LS 3035" IN LIEU OF1" I.P. PER P.M. NO. 5650 P.M.B. 55/1941.25' 1. BASIS OF BEARINGS: CENTERLINE OF "G" STREET BETWEEN 5TH STREET AND 4THSTREET, BEING N00°10'30"W PER PARCEL MAP NO. 7152, P.M.B. 76/4-5.2. INDICATES FOUND MONUMENT AS NOTED.3. SET 1"X30" I.P. FLUSH WITH LEAD TAG STAMPED "LS 97353.4. ( ) INDICATES RECORD DATA PER PARCEL MAP NO. 7152, P.M.B. 76/4-55. [ ] INDICATES RECORD DATA PER PARCEL MAP NO. 15038, P.M.B. 186/14-156. (( )) INDICATES RECORD DATA PER PARCEL MAP NO. 5650, P.M.B. 55/197. < > INDICATES RECORD DATA PER RECORD OF SURVEY 18-0118, R.S.B. 164/548. \{ \} INDICATES RECORD DATA PER INST. NO. 2006-0536309 REC. 08/07/2006, O.R.9. C.R.CORNER RECORD10. EST.ESTABLISHED11. INT.INTERSECTION12. L&TLEAD AND TACK13. SNFSEARCHED, NOTHING FOUND14. T/OTANGENT OVER SURVEYOR'S NOTES: THIS SHEET ONLY
ANGLE TABLE:A1- 90°12'42" ((90°13'12"))A2- 89°57'47" [89°57'37"]A3- 90°11'18" (90°11'06")A1 A2A3
EST. BY INT. OF 5TH STREETTO THE EAST AND "F' STREETTO THE SOUTH - ACCEPTED AS C/L INT.

C/L "F" STREET
C/L 5TH STREET56.14' <56.14'> \{56.07'\}
- FD. LEAD AND TACK PER C.R. 182-040 AND C.R. 221-042 - SET 1"X30" I.P. FLUSH WITH LEAD TAG STAMPED "LS 9735"( ) - INDICATES RECORD DATA PER PARCEL MAPNO. 7152, P.M.B 76/4-5[ ] - INDICATES RECORD DATA PER PARCEL MAPNO. 15038, P.M.B. 186/14-15(( )) INDICATES RECORD DATA PER PARCEL MAPNO. 5650, P.M.B. 55/19< > - INDICATES RECORD DATA PER C.R. 182-040\{ \} - INDICATES RECORD DATA PER C.R. 221-042 SURVEYOR'S NOTES: DETAIL "B" ONLY(S89°49'22"E)N89°49'06"W N00°10'53"W((N00°00'00"W))N89°58'11"W[N89°55'29"W]((S89°46'48"E)) N00°00'24"W(N00°00'28"W)[N00°02'08"E]
PARCEL MAP NO. 5650P.M.B. 55/19
SHEET 2 OF 3 SHEETS

BOUNDARY ESTABLISHMENT
DETAIL "A"SCALE: 1" = 30'
SCALE: 1"=80'
DETAIL "B"SCALE: 1" = 40'
IN THE CITY OF SAN BERNARDINO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIANUMBER OF PARCELS: 1GROSS AREA = 1.300 ACRESNET AREA = 1.211 ACRESPARCEL MAP NO. 20527BEING A SUBDIVISION OF PORTIONS OF LOTS 5, 6, AND 7 IN BLOCK 27, AS SHOWNON PLAN OF THE CITY OF SAN BERNARDINO, CAL., AS PER MAP RECORDED INBOOK 7, PAGE 1 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY.DRG, INC. DATE OF SURVEY: MAY 2023

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8.75' STREET DEDICATION2.75' STREET DEDICATION
50'
44'
PARCEL 3PARCEL MAP NO. 7152P.M.B. 76/4-5
PARCEL 1
C/L 5TH STREET
INST. NO. 2006-0536309REC. 08/07/2006, O.R.

C/L "G" STREETN00°10'30"W 191.14'
N89°49'06"W 420.45'
N00°00'24"W 148.48'
N89°52'11"E 258.60'N89°49'06"W 120.04'
N89°49'06"W 379.08'
N00°10'30"W 149.89'
N89°49'06"W 358.30'
N00°10'30"W 125.10'
N48°15'52"E 24.01'
117.29'
139.73'

41.25'N89°49'06"W

41.25'N00°00'24"W8.75'41.25'
SEE DETAIL "C"
50'41.25'

41.25'
44'41.25'
5TH STREET"G" STREET

1.INDICATES FOUND MONUMENT, SEE SHEET 2.2.INDICATES 2"X30" I.P. WITH METAL TAG STAMPED "LS 9735"SET 12" SUBSURVEYOR'S NOTES: THIS SHEET ONLY

2.75' STREET DEDICATION

41.25'N89°49'06"W 44.00'C/L "G" STREETPARCEL 1
PARCEL 3PARCEL MAP NO. 7152P.M.B. 76/4-52.75'

44.00'
L2N49°08'19"E 2.31'
N49°29'19"W 2.31'L3L11.75' SIDEWALK EASEMENTLINE TABLE:L1- N00°10'30"W 9.35'L2- N00°10'30"W 24.00'L3- N00°10'30"W 27.01' SHEET 3 OF 3 SHEETS
SCALE: 1"=40'
DETAIL "C"

BOUNDARY MONUMENTS AND STREET DEDICATIONS
SCALE: 1" = 20'
IN THE CITY OF SAN BERNARDINO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIANUMBER OF PARCELS: 1GROSS AREA = 1.300 ACRESNET AREA = 1.211 ACRESPARCEL MAP NO. 20527BEING A SUBDIVISION OF PORTIONS OF LOTS 5, 6, AND 7 IN BLOCK 27, AS SHOWNON PLAN OF THE CITY OF SAN BERNARDINO, CAL., AS PER MAP RECORDED INBOOK 7, PAGE 1 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY.DRG, INC. DATE OF SURVEY: MAY 2023

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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 43)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on April 17, 2024 adopted its Resolution No. 2024-__ _, in which it declared its intention to annex territory to existing Community Facilities District No. 201 9-1 (Maintenance Services) (the "CFD No. 2019-1 "), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 4:00 p.m., or as soon thereafter as practicable, Wednesday, June 5, 2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019- 1. At the hearing, the testimony of all interest pers ons 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 June 5, 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, 9241 0. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909- 384-5002.

DA
TED: ____________, 2024 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2024

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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 43
(June 5, 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
Gateway SB LLC 1.31 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above- named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This
special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019 -1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Ma
il
Delivery:

Per
sonal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than May 22, 2024, two calendar week s prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

If in person, deliver to the City Clerk at any time up to 4:00 p.m. on June 5, 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 receiv ed by the Clerk prior to the close of the public meeting on
June 5, 2024.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

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

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

Gateway SB LLC
Attn: Jian Torkan
4221 Wilshire Blvd, STE 380
Los Angeles, CA 90010
0134-101-28, 0134-101-02,
0134-101-03, 0134-101-04,
0134-101-05, 0134-101-06

CITY OF SAN BERNARDINO

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rate set forth in the following table:

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $7,172
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 within the territory identified on the map entitled “Annexation Map No. 43 of Community Facilities District No. 2019- 1 (Maintenance Services) City of S an Bernardino” including lighting, and streets as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-__ adopted by the City Council of the City of San Bernardino on March 20, 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 _________

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__.

J
ian Torkan
Manager
Signature
Print Name
Title

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EXHIBIT H

PROJECT
SITE
APN 0134-061-30
VACANT
APN 0134-061-17

SENIOR CITIZEN SERVICE CENTER
N.A.P.

VICINITY MAP
N.T.S.

N.A.P.

NORTH

NOT TO SCALE
APN 0134-111-34

COMMERCIAL RETAIL
N.A.P.

APN 0134-111-38

COMMERCIAL RETAIL
N.A.P.

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G
ST
H
ST
6TH ST

SPRUCE ST
5TH ST£¤66
^_

MILL ST
16TH ST

SPRUCE ST

SIERRA W
AY
W
ATERM
AN AVE

NINTH ST

CAMPUS WAY
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PEPPER AV

CITRUS ST

PACIFIC ST
28TH ST

CEDAR AVE

TIPPECANOE ST

CENTRAL AVE
M

ERIDIAN AVE

SAN BERNARDINO AVE NORMAN RD

PENNSYLVANIA AVE
W
ATERM

AN AVECITRUS AVE

EUCALYPTUS AVE
M
T.VIEW
AVE

COLTON AVE

REDLANDS BLVD

MILL ST
§¨¦
10 ·|}þ259
£¤66
·|}þ259
·|}þ210
§¨¦
215
£¤66
£¤66
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 43

PROJECT MAP

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Barbara Whitehorn, Director of Finance & Management
Services
Department: Finance
Subject: Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for March 2024.

Executive Summary
This action is to approve the commercial and payroll disbursements. This is regular business of the Mayor and City Council ensuring that the City pays vendors, employees, and the retirement system timely, accurately and with full transparency for the community.

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

The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register

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Discussion
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.

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

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for March 2024.

Attachments
Attachment 1 Payroll Summary Report for March 2024 Attachment 2 Commercial checks & Payroll Register #45 Attachment 3 Commercial checks & Payroll Register #46 Attachment 4 Commercial checks & Payroll Register #47 Attachment 5 Commercial checks & Payroll Register #48 Attachment 6 Commercial EFT Registers #1596-1611 Gross Payroll
Bi-Weekly for March 14, 2024 $3,422,551.59
Bi-Weekly for March 28, 2024 $3,057,181.65
Monthly for March 15, 2024 $26,950.00
Total Payroll Demands: $6,506,683.24 The following check registers are being presented for approval:

March 14, 2024 2023/24 (Register #45) $966,167.30
March 7, 2024 2023/24 (Register #46) $765,278.81
March 21, 2024 2023/24 (Register #47) $3,179,186.55
March 28, 2024 2023/24 (Register #48) $837,925.86 Total commercial check demands: $5,748,558.52 The following Electronic Funds Transfer (EFT) registers presented for approval:

February 1, 2024-February 28, 2024 2023/24 (Register #1596-1611) $3,662,292.13 Total commercial EFT demands: $3,662,292.13

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Ward:

All Wards
Synopsis of Previous Council Actions:

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6 7

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Barbara Whitehorn, Director of Finance and Management
Services
Department: Finance
Subject: Designation of the City of San Bernardino Authorized Agents for the State of California Governor’s Office of Emergency Services (CalOES)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-071, designating that the following positions are authorized to execute for and on behalf of the City of San Bernardino, a public entity established under the laws of the State of California, the grant applications for CalOES.

1. The Deputy City Manager, or

2. The Director of Finance and Management Services, or

3. The Deputy Director of Finance, or

4. The Grants Division Manager, or

5. The Chief of Police
Executive Summary
CalOES requires that public entities applying for grants from the State update their authorized agents when there are changes in leadership. Resolution 2024-071 meets the requirements of CalOES and will enable the City of San Bernardino to continue to apply for grants with the State.

Background
The City applies for and receives grants from CalOES for Federally Declared Disasters, California State Only Disasters, Immediate Service programs, Hazard Mitigation Grants, Building Resilient Infrastructure and Communities Grants and others. Updating the authorized agents is important to ensure that the City has employess in place to apply for new and manage existing CalOES grants.

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Discussion
This resolution allows the agents listed to file applications with CalOES for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 2021-2025 Strategic Targets and Goals
This request aligns with Key Strategic Goal 1b. Improved Operational and Financial Capacity - Continue to seek opportunities to secure long-term revenue sources by ensuring that the City can pursue grant funding in the case of disasters and other critical needs as necessary.

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

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-071, designating the that following positions are authorized to execute for and on behalf of the City of San Bernardino, a public entity established under the laws of the State of California, the grant applications for CalOES.

1. The Deputy City Manager, or

2. The Director of Finance and Management Services, or

3. The Deputy Director of Finance, or

4. The Grants Division Manager, or

5. The Chief of Police

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6 7
Attachments
Attachment 1 Resolution 2024-071 Designating Authorized Agents for CalOES Attachment 2 CalOES List of Authorized Agents, Name and Title Ward:

All Wards
Synopsis of Previous Council Actions:

March 4, 2020 Mayor and City Council adopted Resolution 2020-43 designating the City Manager, Assistant City Manager, Chief of Police, and Assistant Chief of Police as authorized agents to act on behalf of the City for all matters pertaining to assistance from federal and/or state organizations.

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Resolution No. 2024- 071
Resolution 2024-071
April 17, 2024

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7 5
RESOLUTION NO. 2024-071

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DESIGNATING AUTHORIZED AGENTS, BY TITLE ONLY,

TO ENGAGE WITH THE STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES.

WHEREAS, the State of California Governor’s Office of Emergency Services (“CalOES”) requires that the Authorized Agents be updated by all public entities applying for and receiving grants from CalOES every three years; and
WHEREAS, the City of San Bernardino relies on CalOES to disburse critical funding during Federal and State disasters; and
WHEREAS, CalOES provides much needed grant funding that the City of San Bernardino regularly applies for and is awarded.

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

SECTION 1.
1) The Deputy City Manager, OR
2) The Director of Finance and Management Services, OR
3) The Deputy Director of Finance, OR
4) The Grants Division Manager, OR
5) The Chief of Police
Are authorized to execute for and on behalf of the City of San Bernardino, a public entity established under the laws of the State of California, the grant applications for CalOES. for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally Declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under
- Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.

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Resolution No. 2024- 071
Resolution 2024-071
April 17, 2024

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4 3
7 5
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141.
- California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12.

That the City of San Bernardino, a public entity established under the laws of the State of California, hereby authorizes its agents to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

SECTION 2. This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.

SECTION 3. The above recitals are true and correct and are incorporated herein by this reference.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 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- 071
Resolution 2024-071
April 17, 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. 2024-071, adopted at a regular meeting held on the 17 th day of April 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk

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STATE OF CALIFORNIA RECOVERY DIRECTORATE

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

LIST OF AUTHORIZED AGENTS

FINANCIAL PROCESSING DIVISION
OES-FPD-012 (Rev. 09-2022)
List of Authorized Agents
City of San Bernardino
071-65000
Entity Name:

Cal OES ID:
• Enter each Authorized Agent (AA) as listed on the Designation of Applicant's Agent Resolution (Cal OES 130) for Non-State Agencies or as it appears on the Signature Authority (Cal OES 130SA) for California State Agencies. • Check box to receive electronic copies of Cal OES Notification of Obligation and/or Payment packages. (Minimum 1 AA.) • Email addresses must use an email that shares the official entity URL. Email Pkg?Authorized Agent Name Authorized Agent Title Email Address Barbara Whitehorn Director of Finance & Mgmt. Srvcs. [email protected] Suzie Soren Deputy City Manager
Chief of Police
[email protected]
Darren Goodman
Mary Alvarez-Gomez
Jeannie Fortune
[email protected]
[email protected]
[email protected]
✔Grants Division Manager
Deputy Director of Finance ✔
•An Approved Contact may be designated by an AA to request or receive information on grant payment status. Add them by inputting their information below. (Ex. Accounting/Admin offices) Must use an official email URL. Email Pkg?Approved Contact Name Approved Contact Title Email Address ✔
✔
✔
Francisco Hernandez Deputy Chief of Police [email protected] Michelle Mahan Lieutenant [email protected]
Gilbert Mosqueda Management Analyst [email protected] Please use a second page if more space is needed.

Rev. 09-2022 OES-FPD-012

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Andrea Russell, Director of Human Resources & Risk
Management
Department: Human Resources & Risk Management
Subject: Side Letter Agreement with San Bernardino Police Management Association Regarding 401 (a) Plan
Contributions
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-072, authorizing the City Manager to execute a side letter agreement with the San Bernardino Police Management Association regarding 401 (a) plan contributions and other language updates.

Executive Summary
Side letter with the San Bernardino Police Management Association (SBPMA) to allow for 401 (a) plan contribution utilization and update holiday pay language per the recommendation from CalPERS. These changes have no financial impact to the City.

Background
401(a) deferred compensation plans are employer-sponsored defined contribution retirement plans available to governmental, for-profit and not-for-profit employers. Like other defined contribution plans, the benefit each employee receives depends on how much is in their individual 401(a) account at retirement. The amount that employees have in retirement depends on how their investments perform.

Discussion
A 401 (a) Plan requires that the City follow standards established by the Internal Revenue Service (IRS). As such, contributions into the 401 (a) plan must be a mandatory contribution that will apply to all members of the group. In order to maintain the standards established by the IRS, the City must revise its current language in SBPMA’s Memorandum of Understanding (MOU) in order to utilize the 401 (a) plan.

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Currently, language in the SBPMA MOU allows for members to sell-back/cashout various leaves at designated times. The side letter would allow for those sell- backs/cashouts to be placed into a 401 (a) plan.

Additionally, CalPERS recommended the language concerning holiday pay be updated in the MOU to make clear how it is being calculated. The redline version attached in Exhibit ”B” contains all updates.
2021-2025 Strategic Targets and Goals
Authorizing the City Manager to execute a side letter agreement with SBPMA regarding 401 (a) plan contributions and other minor language support Key Strategic Goal 2. Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
There is no fiscal impact to allow SBPMA members to allocate funds into a 401 (a) plan or updating holiday pay language.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-XX, authorizing the City Manager to execute a side letter agreement with the San Bernardino Police Management Association regarding 401 (a) plan contributions and other language updates.

Attachments
Attachment 1 – Resolution No. 2024-072
Attachment 2 – Exhibit A; Side Letter Agreement
Attachment 3 – Exhibit B; Redline MOU
Ward:

All Wards
Synopsis of Previous Council Actions:

September 6, 2023 Mayor and City Council adopted resolution 2023-143, authorizing the City Manager to execute a side letter
agreement with PMA regarding premium pay.

September 21, 2022 Mayor and City Council adopted resolution 2022-193, authorizing the City Manager to execute a side letter
agreement with PMA regarding adding Juneteenth as an
observed holiday.

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Resolution No. 2024-072
Resolution 2024-072
April 17, 2024

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8 9
RESOLUTION NO. 2024-072

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING A SIDE LETTER AGREEMENT BETWEEN

THE CITY OF SAN BERNARDINO AND THE SAN

BERNARDINO POLICE MANAGEMENT ASSOCIATION
(SBPMA) REGARDING 401 (A) PLAN CONTRIBUTIONS

AND OTHER LANGUAGE UPDATES
WHEREAS, 401(a) deferred compensation plans are employer-sponsored defined contribution retirement plans available to governmental, for-profit and not-for-profit employers; and
WHEREAS, in order to maintain the standards established by the IRS, the City must revise its current language in SBPMA’s Memorandum of Understanding (MOU) in order to utilize the 401 (a) plan; and
WHEREAS, CalPERS recommended that holiday pay language in the MOU be more specific as to how it is paid out by the City to the member; and WHEREAS, in order to eliminate any confusion with CalPERS, staff recommends updating the minor language.

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 is hereby authorized to execute the Side Letter Agreement attached hereto and incorporated herein, marked as Exhibit A.

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

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

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Resolution No. 2024-072
Resolution 2024-072
April 17, 2024

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 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. 2024-072
Resolution 2024-072
April 17, 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. 2024-072, adopted at a regular meeting held on the 17 th day of April 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk

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SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE SAN BERNARDINO POLICE MANAGEMENT ASSOCIATION (“ASSOCIATION”) The City and the Association hereby agree to a modification of the terms and conditions set forth in the Memorandum of Understanding (2020-2025) between the City and the Association (hereinafter referred to as “MOU”) as follows:

Leave Cash-out/Sell-back/Holiday

1. Cash-out
Article V: Subsections (B), (D), and (F) Section 5 of the MOU shall be revised in their entirety to read as follows:

Subsection ( B) – Employees, after the completion of five (5) years of continuous full -time employment with the City, upon retirement, death, or termination of employment, except through dismissal or resignation with prejudice, or the estate of a deceased employee who has met the aforementioned service requirement but dies during employment, shall receive compensation of 50 percent of accumulated and unused post-petition sick leave. After 20 years of continuous full-time employment with the City , compensation will be seventy -five percent (75%) of all accumulated and unused post-petition sick leave. Compensation shall be deposited for the benefit of the employee into the City’s 401(a) plan. Any compensation exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings.

Subsection (D) – Sick Leave accrued as a result of an industrial disability will not be subject to the accrual maximums and will be paid out in full if the disability results in an industrial retirement with the payout being deposited for the benefit of the employee into the City’s 401(a) plan. Any payout exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings.

Subsection (F) – At the time of separation from service, any employee having at least fifteen (15) years of continuous full-time employment with the City, shall cash out 50% of unused post-petition sick leave. At the time of separation from service, any employee having at least 20 years of continuous full-time service with the City, shall cash out 75% of unused post-petition sick leave.

Cash outs shall be deposited into the member’s 401 (a) plan. Any cash outs exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings.

EXHIBIT A

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Article V: Subsection B of Section 2 of the MOU shall be revised in its entirety to read as follows:

Subsection (B) – When an employee resigns or otherwise leaves the service of the City and has not used their earned post-petition vacation, payment shall be made for the benefit of the employee into the City’s 401 (a) plan for the earned portion of their vacation. Any payment exceeding the 401 (a) annual contribution limit for defined contribution plans shall be paid to the employee as taxable wages, subject to customary withholdings.

Calculation of the payment for earned vacation or deduction for unearned vacation upon separation to determine the amount to be contributed to the 401(a) plan shall be made in accordance with the wage rate in effect on the final day of employment.

2. Sell-back
Article V: Subsection (E) of Section 5 of the MOU shall be revised in its entirety to read as follows:

Subsection (E) – Each fiscal year an employee will receive a contribution in lieu of pay for accrued post-petition sick leave to the City’s 401(a) plan pursuant to the terms set forth below.

1. The City shall make the contribution on the first payday in September. Any contribution exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholding.

2. The contribution shall be equal to the value of one -fourth (1/4) of the number of hours of post-petition sick leave accrued as of the date of the contribution. The value shall be calculated using the then current wage rate. The employee’s accrued post-petition sick leave shall be reduced by the number of post -petition sick leave hours converted to a contribution on behalf of the employee to the City’s 401(a) plan.

Article V: Subsection (H) of Section 2 of the MOU shall be revised in its entirety to read as follows:

Subsection (H) – Once per year, members of the bargaining unit will convert one-quarter (1/4) of their unused post-petition vacation leave into a contribution to the City’s 401(a) plan. The value shall be calculated using the then current wage rate. The City shall make the contribution on the first payday in September. Any contribution exceeding the 401 (a) annual contribution limit shall be paid to the employee as wages, subject to customary withholding.

In addition, once per year, members of the bargaining unit will be granted the option of selling up to one-quarter (1/4) of their post -petition holiday leave to the City. An eligible employee shall notify the City by August 1 of their request for sellback for the prior fiscal year ending June 30. The City shall compensate eligible employees on the first payday in September.

3. Holidays

Article V: Subsection A of Section 3 of the MOU shall be revised in its entirety to read as follows:

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Subsection (A). Employees shall be entitled to thirteen (13) City-designated holidays and two (2) floating holidays, the equivalent of 150 holiday hours each year, as listed below.

New Year’s Day
Martin Luther King Day
President’s Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran’s Day (November 11)
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year’s Eve

Employees shall accrue 20 hours from floating holidays effective January 1 of each year. Only unit employees who have satisfactorily served in the employ of the City continuously for at least six (6) months in a full-time position shall be eligible to take floating holidays. Employees shall not be allowed to use unearned holiday time.

Demands of work permitting, employees of this unit may utilize holiday leave on the holidays designated above. The demands of work are such that the employee s cannot take off on a designated holiday, the employee s shall bank the time for cash -out at the end of the calendar year. When a holiday falls on an employee’s regularly scheduled day off, the employee shall bank 10 hours of holiday leave for cash-out at the end of the calendar year.

SBPMA members shall be paid for their unused holiday account balance, at the end of each calendar year at the employee’s regular rate of pay in effect at the time of the payoff. The regular rate of pay, for purposes of holiday pay, includes base pay plus the hourly equivalent of the following eligible special compensation for the employee, Education Incentive, Longevity Pay, POST, Technology Allowance, Professional Development, and Uniform Allowance. Employees who separate from employment with a holiday leave balance shall be paid at the wage rate on the final day of their employment.

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

5. All other terms and conditions of the MOU shall remain the same.

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___________________________________
Adam Affrunti, President
San Bernardino Police Management Association

Date: ____________________________
___________________________________
Charles A. Montoya, City Manager
City of San Bernardino

Date: ____________________________

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EXHIBIT B

ARTICLE V -- LEA VES
Section 2 – Vacations

B. When an employee resigns or otherwise leaves the service of the City and has not used his earned post-petition vacation, payment shall be made for the benefit of the employee into the City’s 401 (a) planemployee for the earned portion of theirhis vacation. Any payment exceeding the 401 (a) annual contribution limit for defined contribution plans shall be paid to the employee.

Calculation of the payment for earned vacation or deduction for unearned vacation upon separation termination to determine the amount to be contributed to the 401(a) plan shall be made in accordance with the wage rate in effect on the final day of employment.

H. Once per year, members of the bargaining unit will be granted the option of selling up toconvert one-quarter (1/4) of their unused post-petition vacation and holidaysleave into a contribution to the City’s 401 (a) plan. An eligible employee shall notify the City by August 1 of their request for sellback for the prior fiscal year ending June 30. The City shall compensate eligible employeesmake the contribution on the first payday in September. Any contribution exceeding the 401 (a) annual contribution limit shall be paid to the employee as wages, subject to customary withholding.

In addition, once per year, members of the bargaining unit will be granted the option of selling up to one-quarter (1/4) of their post-petition holiday leave to the City. An eligible employee shall notify the City by August 1 of their request for sellback for the prior fiscal year ending June 30. The City shall compensate eligible employees on the first payday in September.

Section 3 -- Holidays
A. Employees shall be entitled to thirteen (13) City-designated holidays and two (2) floating holidays, the equivalent of 150 holiday hours each year, as listed below.

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EXHIBIT B
Employees shall accrue 20 hours from floating holidays effective January 1 of each year. Only unit employees who have satisfactorily served in the employ of the City continuously for at least six (6) months in a full-time position shall be eligible to take floating holidays. Employees shall not be allowed to use unearned holiday time.

Demands of work permitting, employees of this unit may utilize holiday leave on the holidays designated above. TIf the demands of work are such that the employees cannot take off on a designated holiday, the employees shall bank the time for cash-out at the end of the calendar year. When a holiday falls on an employee’s regularly scheduled day off, the employee shall bank 10 hours of holiday leave for cash-out at the end of the calendar year.

SBPMA members shall be paid for their unused holiday account balance, at the end of each calendar year at the employee’s regularwage rate of pay in effect at the time of the payoff. The regular rate of pay, for purposes of holiday pay, includes base pay plus the hourly equivalent of the following eligible special compensation for the employee, Education Incentive, Longevity Pay, POST, Technology Allowance, Professional Development, and Uniform Allowance. Employees who separate from employment with a holiday leave balance shall be paid at the wage rate on the final day of their employment.

Section 5 -- Payment for Unused Sick Leave
B. Employees or the estate of any such deceased employee who dies during employment, after the completion of five (5) years of continuous full-time employment with the City, upon retirement, death or termination of employment, except through dismissal or resignation with prejudice, or the estate of a deceased employee who has met the aforementioned service requirement but dies during employment shall receive compensation of 50 percent of accumulated and unused post-petition sick leave. After 20 years of continuous full-time employment service with the City of San Bernardino, compensation will be seventy-five percent (75 %) of all accumulated and unused post-petition sick leave.

Compensation shall be deposited for the benefit of the employee into the City’s 401(a) plan. Any compensation exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings.

D. Sick leave accrued as a result of an industrial disability will not be subject to the accrual maximums and will be paid out in full if the disability results in an industrial retirement with the payout being deposited for the benefit of the employee into the City’s 401(a) plan. Any payout exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings. .

E. Each fiscal year an employee will may elect to receive payment a contribution in lieu of accrued post- petition sick leave to the City’s 401(a) plan pursuant to the terms set forth below..

1. 1. An eligible employee shall notify the City by August 1st of his/her desire to receive such payment. The City shall compensate eligible employees make the cont ribution on the first payday in September. Any contribution exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholding.

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EXHIBIT B

2. An employee receiving such pay shall receive at the then current salary rate pay forThe contribution shall be equal to the value of one-fourth (1/4) of the number of hours of post-petition sick leave accrued as of the date of the contribution. The value shall be calculated using the then current wage rate. The employee’s accrued post-petition sick leave shall be reduced by the number of post-petition sick leave hours for which pay is provided converted to a contribution on behalf of the employee to the City’s 401(a) plan..

F. At the time of separation from service, any employee having at least fifteen (15) years of continuous full time employment service with the City of San Bernardino, may shall cash out up to 50% of unused post- petition sick leave. At the time of separation from service, any employee having at least 20 years of continuous full-time employment service with the City of San Bernardino, shall may cash out up to 75% of unused post- petition sick leave. Cash outs shall be deposited into the member’s 401 (a) plan. Any cash outs exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Andrea Russell, Director of Human Resources & Risk
Management
Department: Human Resources & Risk Management
Subject: Adopt Resolution Approving Job Classifications and Amending the City-wide Salary Schedule
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-073:

1. Amending the Administrative Analyst classification job series;

2. Establishing the Land Development Engineer job classification;

3. Amending the City-Wide Salary Schedule for full time, part-time, temporary, and seasonal positions
Executive Summary
The Administrative Analyst job classifications were inadvertently removed from the City-wide salary schedule. This item places them back onto the schedule and brings their salary to market. The establishment of Land Development Engineer classification is a continued item from the strategic initiatives approved on September 12, 2023.

Background
As the City continues its efforts in improving service delivery, staff recommends reactivating the Administrative Analyst job series. Adding these classifications back onto the City-wide salary schedule will allow the City to utilize the classification to better support departmental activities, functions and programs as it relates to policy, procedure, legal and legislative positions. Stemming from City Council’s request to assess staffing needs in the Council Office, staff plans to use these classifications within the department if approved.

On September 12, 2023, staff made a presentation providing an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation contained the addition of several new positions, including the Land

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Development Engineer. As such, staff is bringing forward the position to add it to the City-wide salary schedule.

Discussion
Administrative Analyst Job Series
The Administrative Analyst I (U), Administrative Analyst II (U), and the Senior Administrative Analyst (U) classifications are positioned in the Management & Confidential group. They perform a variety of complex and difficult advanced professional, technical, administrative, legal, and analytical duties to coordinate municipal policies, procedures, and services for a large division, small department, or a complex functional area of City government. In addition, they provide professional and technical administrative and analytical assistance to compile, review, evaluate and make recommendations on the formulation of policy and procedure, and staffing and organizational changes.

The Administrative Analyst I (U) is the entry level classification that performs professional analytical and management support work assignments ranging from routine to moderately difficult or assists others in performing more difficult analytical work in support of department functions, programs, goals and objectives. The Administrative Analyst II (U) is the advanced journey level classification that performs more difficult analytical and program assignments involving the gathering and interpretation of data from multiple sources on issues of significant impact and importance. The Senior Administrative Analyst (U) is the advanced journey-level class in the Administrative Analyst series. Incumbents perform complex and responsible analyses and studies on a wide range of management, administrative, program and other organization issues in support of the planning and execution of City-wide or department goals and objectives. This position may supervise lower-level professional, technical, and support staff.

Due to the inadvertent removal of these classifications from the salary schedule, the compensation that was tied to them has not been updated and does not reflect what the market compensates. Therefore, an external compensation study comprised of agencies with similar classifications was conducted to determine the recommended salary for the classifications. Based on this study, the salary recommendation for the positions are as follows:

Administrative Analyst I (U) – Range 496 ($5,706.33 - $6,935.77/monthly) Administrative Analyst II (U) – Range 526 ($6,627.06 - $8,055.81/monthly) Senior Administrative Analyst (U) – Range 574 ($8,419.77 -$10,235.22/monthly)

Land Development Engineer
The Land Development Engineer will be positioned in the Management & Confidential group, responsible for providing professional civil engineering guidance through the

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land development process for the City’s Engineering Division, including construction, civil engineering, Americans with Disabilities Act (ADA) compliance, and storm water/national pollutant discharge elimination system (NPDES) compliance. An internal compensation study was performed anchoring this classification to the Engineering Project Manager. The recommended salary range is as follows:

Land Development Engineer – Range 590 ($9,119.52 - $11,085.54/monthly)

As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
2021-2025 Strategic Targets and Goals
Establishing these classifications aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery and function more efficiently.

Fiscal Impact
There is no other impact to the General Fund for establishing any of these classifications. In addition,  the Land Development Engineer’s costs were previously approved by the Mayor and City Council on September 12, 2023 and formally adopted and the budget amended on October 4, 2023.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-073:

1. Amending the Administrative Analyst classification job series;

2. Establishing the Land Development Engineer job classification;

3. Amending the City-Wide Salary Schedule for full time, part-time, temporary, and seasonal positions
Attachments
Attachment 1 Resolution 2024-073
Attachment 2 Resolution 2024-073 Exhibit A – City-wide Salary Schedule Ward:

All Wards
Synopsis of Previous Council Actions:

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April 3, 2024 Mayor and City Council adopted Resolution No. 2024-065 amending the City-wide salary schedule for full time, part-time, temporary, and seasonal positions.

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Resolution No. 2024-073
Resolution 2024-073
April 17, 2024

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Mayor and City CouncilApril 17, 2024

Mayor and City Council
April 17, 2024