Mayor and City Council
September 4, 2024

Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO
AGENDA
FORTHE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE

HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, SEPTEMBER 04, 2024
4:00 PM ­ CLOSED SESSION 5:00 PM ­ OPEN SESSION
FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Rochelle Clayton
COUNCIL MEMBER, WARD 2 ACTING CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 384­5002 TWO

WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR

REASONABLE ACCOMMODATIONS
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup.

Select the corresponding year and meeting date folders to view documents.

Mayor and City Council of the City of San Bernardino Page 2

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Acting City Manager Rochelle Clayton
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
4:00 P.M.

CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION P. 13

A) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Titles: City Manager; City Attorney; City Clerk (Initiation of Process) B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: Interim City Manager
C) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6)
Agency designated representatives: Mayor or other Mayor and Council designee Unrepresented employee: Acting City Manager/Interim City Manager D)CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8)
Property: 300 North E Street (Parcel Map 688, Parcel 12 Book 25 Page 47 Parcel Map 688 Parcel No. 12 formally known as City PTN Blk 12 and PTN 3rd St VAC)
City Negotiator: City Manager or Designee
Negotiating Parties: El Corte Ingles
Under Negotiations: Price and Terms
Mayor and City Council of the City of San Bernardino Page 3 5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PRESENTATIONS

1. Proclamation for National Library Card Sign­Up & Literacy Month in the City of San Bernardino – September 2024 (All Wards) P.14

PUBLIC HEARING

2. Public Hearing on Annexation No. 28 to Community Facilities District 2019­1 (Ward 5) P.16
Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2024­190 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying the amended special tax within the area proposed to be annexed to Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 28, Tax Zone 29); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2024­191 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 28, Tax Zone 29); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC­1642 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2024­2025 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC­1642 for September 18, 2024.

CITY MANAGER UPDATE

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mayor and City Council of the City of San Bernardino Page 4

CONSENT CALENDAR

3. Irrevocable Agreement to Annex No. 2024­379 (Ward 6) P.76 Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024­193 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 2210 Ogden Street, San Bernardino, California, within the unincorporated County of San Bernardino territory of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

4. Irrevocable Agreement to Annex No. 2024­380 (Ward 6) P.92 Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024­192 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 2179 Blake Street, San Bernardino, California, within the unincorporated County of San Bernardino territory of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

5. San Bernardino Soccer Complex Lease Assignment with World Sports Arena, LLC (Ward 2) P.108
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­194, authorizing the City Manager to execute the Lease Assignment Agreement for the San Bernardino Soccer Complex, located at 2500 Pacific Street, San Bernardino, California; assigning the Lease with San Bernardino Soccer, LLC, to World Sports Arena, LLC.

6. Approve the proposed board for the “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation (All Wards) P.149
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2024­196 approving the proposed list of community members to serve on the board of the recently approved California Non­Profit “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation.”
Mayor and City Council of the City of San Bernardino Page 5

7. Acceptance and Approval of Older Californians Nutrition Program Grant Award FY 2024/25 (All Wards) P.155
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024­195:

1. Authorizing the City Manager to approve a 2024/2025 Budget for year three of a three­year Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAAS­PG); and

2. Authorizing the City Manager to accept the 2024/2025 Congregate Meal Program Grant Budget in the amount of $392,541; and

3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards;

4. Approving certain related purchase orders to Sysco Foods ($215,600) and Hollandia Dairy ($24,530) and Consulting Health and Nutrition Services for continued operation of the Older Californians Nutrition Program; and

5. Authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2024 through June 30, 2025.

8. Recommendation to Increase the Construction Contingency and Construction Management Budget for Nicholson Park Improvements Project. (Ward 6) P.324 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024­197:

1. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP Budget with an additional $745,128 for the Nicholson Park Improvements Project using the Measure S fund balance; and

2. Authorizing the Director of Finance and Management Services to increase the construction contingency and construction management budget from $1,290,000 to the total amount of $2,139,564.87; and

3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

9. Award of Construction Agreement to F.E.C. Electric Inc. (Ward 2, Ward 4) P.334 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024­199:

1. Approving the award of an Agreement with F.E.C. Electric, Inc. for $1,653,396.02 for the Construction of Speicher Park Multipurpose Field and Newmark Park Ballfields Improvements (Projects); and

2. Authorizing the project construction contingencies, and administrative costs in the amount of $550,000 for construction of the Project; and

3. Authorizing the Director of Finance and Management Services to utilize $2,000,000 from the Ballfiend Accessory Upgrades Project as follows: $1,130,254 to Newmark Ballfield Lighting and $869,746 to Speicher Park Multipurpose Field Lighting and

4. Authorizing the City Manager or designee to execute all documents with F.E.C.

Electric, Inc. necessary to carry out the Projects; and

5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the Projects.

6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).

Mayor and City Council of the City of San Bernardino Page 6

10. Approving Amendment No. 2 to Cooperative Agreement No. 22­1002720 with the San Bernardino County Transportation Authority (SBCTA) for the State Route 210/ Waterman Avenue Interchange Project (Ward 7) P.492
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­198

1. Authorizing the Director of Finance and Management Services to amend the State Route 210/Waterman Avenue Interchange Project budget in the amount of $322,806 from the Measure I Fund, for a total­not­to exceed amount of $1,948,934. and;

2. Authorizing the City Manager to execute Amendment No. 2 to Cooperative Agreement No. 22­1002720 with the San Bernardino County Transportation Authority (SBCTA) for Waterman Avenue at State Route 210 (SR­210) interchange Project.

DISCUSSION

11. Accept Three Million Dollars in Grant Funds from the County of San Bernardino for the City’s Navigation Center (All Wards) P.518
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­200:

1. Authorizing the City Manager, or designee, to accept grant funds in the amount of $3,000,000 from the County of San Bernardino; and

2. Authorizing the City Manager, or designee, to execute the Revocable Grant Agreement; and

3. Authorizing the City Manager, or designee, to conduct all additional negotiations, signings, and submittals of necessary documents to receive the grant funds; and

4. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $3,000,000 in grant funds to be used towards the City’s Navigation Center.

12. Reaffirmation of Homelessness State of Emergency Declaration (All Wards) P.609 Recommendation:

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

1. Adopt Resolution No. 2024­201, reaffirming the declaration of a Homelessness State of Emergency; and

2. Direct the City Manager or designee the ability to take certain administrative actions to streamline the provision of shelter to people experiencing homelessness, including the waiver of purchasing or bidding for physical shelter space.

Mayor and City Council of the City of San Bernardino Page 7

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on September 18, 2024 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Mayor and City Council of the City of San Bernardino Page 8

CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the September 4, 2024, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, August 30, 2024.

I declare under the penalty of perjury that the foregoing is true and correct.

Mayor and City Council of the City of San Bernardino Page 9 NOTICE:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

In accordance with Resolution No. 2018­89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.

Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.

Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.

Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.

Rule 5. Time Limits:

5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.

5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.

Mayor and City Council of the City of San Bernardino Page 10 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.

The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

Mayor and City Council of the City of San Bernardino Page 11 ALTERNATE MEETING VIEWING METHOD:

If thereare any technical issues with the livestream or recording from the main agenda portalor if you requirean optionwith Closed Captioning,you may viewthemeeting from the followinglocation(TV3). https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6

PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:

Written comments can be emailed to [email protected]. Written public comments received up to 2:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. Written public commentswill not be read aloud by city staff. Written correspondence can be accessed bythe publiconline at tinyurl.com/agendabackup .

Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 2:30 p.m. deadline will not be accepted.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe. Written correspondence submitted after the deadline will be provided to the Mayor and City Council at thefollowing regular meeting.

MEETING TIME
NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extenda meeting beyond 10:00P.M.to discuss specified items.” Mayor and City Council of the City of San Bernardino Page 12

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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: September 4, 2024
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney
Subject: CLOSED SESSION
Recommendation:

A) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Titles: City Manager; City Attorney; City Clerk (Initiation of Process) B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
Title: Interim City Manager
C) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6)
Agency designated representatives: Mayor or other Mayor and Council designee
Unrepresented employee: Acting City Manager/Interim City Manager
D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8)
Property: 300 North E Street (Parcel Map 688, Parcel 12 Book 25

PTN 3rd St VAC)
City Negotiator: City Manager or Designee
Negotiating Parties: El Corte Ingles
Under Negotiations: Price and Terms
Packet Page. 13

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: September 4, 2024
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for National Library Card Sign-Up & Literacy Month in the City of San Bernardino – September 2024 (All Wards)
Packet Page. 14

PROCLAMATION OF THE

MAYOR AND CITY COUNCIL
OBSERVING SEPTEMEMBER 2024, AS

NATIONAL LIBRARY CARD SIGN-UP & LITERACY MONTH

IN THE CITY OF SAN BERNARDINO
WHEREAS, in observance of September being National Library Card Sign-Up & Literacy Month, patrons are encouraged to visit one or more of the four San Bernardino Public Libraries, either in person to sign-up for a regular library card or virtually at www.sbpl.org to sign up for a digital library card to utilize online resources; and WHEREAS, weekly public service hours expanded to 40 three years ago; and WHEREAS, people visit in person or virtually, libraries offer endless opportunities to transform lives through education and lifelong learning; serving people of every age, education level, ethnicity and physical ability;
WHEREAS, in addition to patrons checking out books and doing research our libraries offer various free activities, such as pre-school story time, crafts, workshops, author visits, entertainment programs, literacy services and various classes to help people improve their lives without cost; and
WHEREAS, our online services for remote learners including eBooks and eAudiobooks, homework help via chat and others have been more valuable than ever to our patrons during the pandemic; and
WHEREAS, more than 20,000 people have our library card; and WHEREAS, San Bernardino Public Library offers Literacy tutoring through the Jack L. Hill Lifelong Learning Center, providing services to adults, children, and families. Everyone is invited to participate in the many activities and events offered in the Learning Center, encouraging lifelong learning and developing workforce training and skills; and
WHEREAS, our San Bernardino Public Library has served our community for 133 years and if there is any city that can benefit from a free public library, it is here.

NOW THEREFORE, BE IT PROCLAIMED THAT, The Mayor and City Council of the City of San Bernardino, do hereby proclaim September 2024 as NATIONAL LIBRARY CARD SIGN-UP & LITERACY MONTH.

Presented this 4th Day of September 2024
Packet Page. 15

PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: September 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department: Economic Development
Subject: Public Hearing on Annexation No. 28 to Community Facilities District 2019-1 (Ward 5)
Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2024-190 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying the amended special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 28, Tax Zone 29); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2024-191 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 28, Tax Zone 29); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1642 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 2024-2025 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and Packet Page. 16

6. Schedule the adoption of Ordinance No. MC-1642 for September 18, 2024.

Executive Summary
The recommended action is the second step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate it’s impacts for maintenance service of public facilities as a result of the new development. The City Council approved the Resolution of Intention on July 17, 2024, setting today the time and place of the public hearing. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development.

Background
On December 7, 2022, the Mayor and City Council adopted Resolution No. 2022-263, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.

On July 17, 2024, the Mayor and City Council was presented with a request to adjust the rates previously approved on December 7, 2022, to include additional maintenance of slopes and open space. The Mayor and City Council adopted Resolution No. 2024- 152, declaring its intent to amend Resolution No. 2022-263 and adjust the rates previously approved. A public hearing was set for September 4, 2024, on the proposed amendment to Tax Zone 29 of CFD No. 2019-1.

The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 24.83 gross acres of a vacant residential lot within the City, requesting that the City assist them in amending CFD No. 2019-1 Tax Zone 29 under the Mello-Roos Act. The proposed project will remain unchanged and consist of 20 detached single-family lots. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City amend CFD No. 2019-1 Tax Zone 29 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within CFD No. 2019-1 Tax Zone 29 are the following:

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

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

3. City and County costs associated with the setting, levying and collection of the Packet Page. 17
special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.

Tax Zone 29 is located at the intersection of Ohio Street and N Little League Drive, as shown in Attachment #13.

The amended maximum annual special tax for this development has been calculated to be $954 per unit for FY 2024/25. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the MelloRoos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.

In order to amend CFD No. 2019-1 Tax Zone 29 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 amend the rate and method of apportionment of special taxes within Community Facilities District No. 2019-1 Tax Zone 29 (the special tax applies only to properties within the annexation area), adopted July 17, 2024.
• Resolution calling an election to submit to the qualified electors the question of levying an amended special tax within Community Facilities District No. 2019-1 Tax Zone 29.
• Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolutions and the first reading of the amended Ordinance, the adoption of the amended Ordinance would be scheduled for September 18, 2024.

Discussion
The Resolution of Intention called for a public hearing to be held on September 4, 2024, on the issue of amending the special tax for CFD No. 2019-1 Tax Zone 29. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.

The adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is Packet Page. 18
formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing.

If the Mayor and City Council adopt Resolution No. 2024-___, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2024-___ declaring the results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2024-190 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying the amended special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 28, Tax Zone 29); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2024-191 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29; and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1642 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 2024-2025 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Packet Page. 19
Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1642 for September 18, 2024.

Attachments
Attachment 1 - Resolution No. 2024-190- Resolution Calling Election Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Exhibit D Full Text of Proposition
Attachment 6 - Resolution No. 2024-191- Resolution Declaring Election Results Attachment 7 - Exhibit A Certificate of Election Results Attachment 8 - Ordinance No. MC-1642
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 - Petition
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Attachment 14 - Publication Notice
Ward:

Fifth Ward
Synopsis of Previous Council Actions:

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

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

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

December 7, 2022 Mayor and City Council adopted Resolution No. 2022-263, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions Packet Page. 20
of the “Mello-Roos Community Facilities Act of 1982”.

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

July 17, 2024 Mayor and City Council adopted Resolution No. 2024-152 amending Resolution No. 2022-263 and adjust the special tax rates previously approved within Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29 of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.

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Resolution No. 2024-190
Resolution No. 2024-190
September 4, 2024
1 of 7
RESOLUTION NO. 2024-190

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CALLING AN ELECTION TO SUBMIT TO THE

QUALIFIED ELECTORS THE QUESTION OF LEVYING

AN AMENDED SPECIAL TAX WITHIN THE AREA OF
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) (ANNEXATION NO. 28, TAX
ZONE 29)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019, after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and
WHEREAS, the City Council on December 7, 2022, duly adopted Resolution No. 2022- 263 (the “Original Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for January 18, 2023; and
WHEREAS, the City Council on January 18, 2023 duly adopted Resolution No. 2023-001 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 28), and adopted Resolution No. 2023-002 declaring election results for Community Facilities Packet Page. 22
Resolution No. 2024-190
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September 4, 2024
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District No. 2019-1 (Annexation No. 28); and introduced Ordinance No. MC-1608 amending Ordinance No. MC-1522; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 28 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded on December 8, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 86, in the office of the San Bernardino County Recorder; and
WHEREAS, the City Council on July 17, 2024, duly adopted Resolution No. 2024-152 (the “Resolution of Intention”) amending special tax rates to CFD No. 2019-1 (Maintenance Services) Tax Zone 29 and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for September 4, 2024; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on September 4, 2024, not earlier than the hour of 5:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed amendment of special tax rates to CFD No. 2019-1 Tax Zone 29. At the hearing, the testimony of all interested persons for or against the amendment of the special taxes will be heard. If and to the extent participation in the September 4, 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1 Tax Zone 29, or by the owners of one-half (1/2) or more of the territory; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory of CFD No. 2019-1 Tax Zone 29 and that the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the amendment of special tax rates to the CFD No. 2019-1 Tax Zone 29 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory of CFD No. 2019-1 Tax Zone 29 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
Packet Page. 23
Resolution No. 2024-190
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September 4, 2024
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WHEREAS, the City Clerk has concurred in the election date set forth herein.

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

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

SECTION 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

SECTION 3. Findings Regarding Protests. The City Council finds and determines that written protests to CFD No. 2019-1 Tax Zone 29 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.

SECTION 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council, with respect to the amendment of special tax rates of CFD No. 2019-1 Tax Zone 29, are valid and in conformity with the requirements of the Act.

SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory of CFD No. 2019-1 Tax Zone 29, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto.

SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.

SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92410, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1.

SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory to the qualified electors, in accordance with Packet Page. 24
Resolution No. 2024-190
Resolution No. 2024-190
September 4, 2024
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and subject to the Act. The special election shall be held on September 4, 2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory of CFD No. 2019-1 Tax Zone 29 on July 22, 2024 (a date within the 90 days preceding the close of the public hearing on the amended special taxes of CFD No. 2019-1 Tax Zone 29), the qualified electors shall be the landowners within territory, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory of CFD No. 2019-1 Tax Zone 29. (b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory of CFD No. 2019-1 Tax Zone

29. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 5:00 p.m. on September 4, 2024. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on September 4, 2024, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

SECTION 10. Filing of Resolution with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution of CFD No. 2019-1 Tax Zone 29 in her office.

SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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Resolution No. 2024-190
Resolution No. 2024-190
September 4, 2024
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SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 13. Effective Date. This Resolution shall become effective immediately.

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Resolution No. 2024-190
Resolution No. 2024-190
September 4, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 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. 2024-190
Resolution No. 2024-190
September 4, 2024
7 of 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 Resolution No. 2024-190, adopted at a regular meeting held on the 4th day of September 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 28

EXHIBIT A

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

APN Owner Name
0348-111-51 Verdemont Ranch 20 LLC
Packet Page. 29

EXHIBIT B

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

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

A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 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.

City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 30 “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.

City of San Bernardino 2
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 31 “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

City of San Bernardino 3
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 32 “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

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

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

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 33 Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

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

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
Tax
Zone
1 Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:

City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 34 TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY
Tax
Zone
1 Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)
City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 35 The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY
Tax
Zone
1 Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

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

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Tax
Zone
1 Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 36 Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

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

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY
Tax Zone Maximum Special
Tax B (Contingent)
$0
Tracts
TR 17170
Taxable Unit
1 Acre
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 37 Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator.

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

City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 38 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.

City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 39

APPENDIX A

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

AMENDED COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2024-25. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1.

TAX ZONE 29
TR 17329
Item
1 Description
Landscaping
Estimated Cost
$13,778
2 3
4 Lighting
Reserves
Admin
$1,815
$2,222
$1,250
Total $19,064
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.

TAX ZONE 29
FY 2024-25 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Single-Family Residential
Multi-Family Residential
Non-Residential Property
Taxable
Unit
RU
RU
Acre
Maximum
Special Tax A
$954
Maximum
Special Tax B
$0
$0
$0
$954
$915
TAX ZONE 29
FY 2024-25 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $915 $0
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services) 11 Packet Page. 40

TAX ZONE SUMMARY
Tax
Zone
1 2
3 4
5 6
7 Tract
APN
17170
Fiscal
Year
Maximum
Special Tax A
$961 / RU
Maximum
Annexation Special Tax B
Original
1 Subdivider
Santiago Communities, Inc.

JEC Enterprises, Inc.

GWS #4 Development, LLC
Devore Storage Facility, LLC
TH Rancho Palma, LLC
Strata Palma, LLC
2019-20
2019-20
2020-21
2019-20
2020-21
2020-21
2020-21
2021-22
2021-22
2021-22
2021-22
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
$0 / RU
17329 $473 / RU $0 / RU
2 3
4 5
6 7
8 9
PM 19814
0266-041-39
TR 20006
PM 19701
PM 20112
TR 20293
LM 2019-021
TR 20189
LD 1900086
TR 20305
LLA 2020-004
TR 5907
0136-191-21
TR 20216
TR 20145
CUP 20-07
TR 20258
LM 21-10
$608 / Acre
$1,136 / Acre
$344 / RU
$0 / Acre
$0 / Acre
$57 / RU
$528 / Acre
$0 / Acre
$334 / Acre
$232 / Acre
$154 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / RU
$1,895 / Acre
$3,197 / Acre
$2,913 / Acre
$815 / Acre
$490 / Acre
$1,472 / Acre
$175 / Acre
$1,169 / Acre
$2,268 / Acre
$5,277 / Acre
$7,089 / Acre
$646 / RU
San Bernardino Medical Center LLC
ICO Fund VI, LLC
TR 2600 Cajon Industrial LLC
Central Commerce Center, LLC
Lankershim Industrial, LLC
Prologis, LP
Dreamland Real Estate Holdings
Magic Laundry Services, Inc.

Ahmad Family Trust
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 Gateway SB, LLC
RCH-CWI Belmont, LP
George A. Pearson
RGC Family Trust
170 East 40th Street, LLC
108 Highland, LP

SBABP IV, LLC
1300 E Highland Ave LLC
Vone SB, LLC
PI Properties, LLC
Pacific West Company, et al.
$7,433 / Acre $0 / Acre
$588 / RU $0 / RU
$5,284 / Acre
$6,397 / Acre
$807 / Acre
$847 / Acre
$1,385 / Acre
$174 / RU
$0 / Acre
$0 / Acre
$0 / Acre
$320 / Acre
$978 / Acre
$17 / RU
$45 / RU
LM 22-04
LM 2021-013
TR 4592
LLA 2020-005
TR 20494
TR 20495 $204 / RU
To Be Determined
$1,851 / Acre
$954 / RU
$922 / Acre
$2,957 / Acre
$358 / Acre
28 29
30 31
32 PM 20320
TR 17329
LL 2022-11
PM 20143
PM 20334
PM 3613,
2022-23
2024-25
2022-23
2022-23
2023-24
$292 / Acre
$0 / RU
$372 / Acre
$1,855 / Acre
$94 / Acre
SB Drake Central Avenue LLC
Verdemont Ranch 20, LLC
CIVF VI – CA1W01, LLC
California Cajun Properties LLC
Elliott Precision Block Co.
32 33
34 33
34 35
2022-23
2023-24
2023-24
$1,094 / Acre
$2,785 / Acre
$533 / Acre
$186 / Acre
$158 / Acre
$193 / Acre
S.B. Universal Self Storage LLC 4230 & 4250
PM 20392 GWS#7 Development, LLC
MLG SB Land LLC &
Grandfather’s Land Holdings LLC CUP 21-16
35 36
37 36
37 38
CUP 22-03
LM 2022-007
TR 18895
2023-24
2023-24
2023-24
$6,648 / Acre
$1,261 / Acre
$706 / RU
$0 / Acre
$0 / Acre
$0 / Acre
SimonCRE JC Saguaro III, LLC
DP Industrial Parkway LLC
MV RE Holdings LLC
In-N-Out Burgers, a California
Corporation 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre 39 40
41 40
41 42
LM 2022-19
LLA 2023-010
PM 20216
2023-24
2023-24
2023-24
$473 / Acre
$2,132 / Acre
$7,925 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
PME Oakmont Tippecanoe LP
Shandon Hills Plaza LLC
Inland Maple Partners LLC
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services) 12 Packet Page. 41
Tax
Zone
43 44
45 Tract
APN
PM 20527
PM 18704
PM 20412
Fiscal
Year
2023-24
2023-24
2023-24
Maximum
Special Tax A
$7,172 / Acre
$1,672 / Acre
$1,826 / Acre
Maximum
Special Tax B
$0 / Acre
$0 / Acre
$0 / Acre
Annexation Subdivider
Gateway SB LLC
Paladin Equity SB LLC
GWS #8 Development, LLC
43 44
45 ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 42

APPENDIX B

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

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

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

City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 43

APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services) 15 Packet Page. 44
Packet Page. 45
Packet Page. 46

EXHIBIT C

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 29
(September 4, 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
Verdemont Ranch 20, LLC 24.83 25
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory of CFD No. 2019-1 Tax Zone 29, 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:

Personal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than August 21, 2024, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

If in person, deliver to the City Clerk at any time up to 5:00 p.m. on September 4, 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 September 4, 2024.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 47
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

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

Upland, CA 91786
0348-111-51

CITY OF SAN BERNARDINO

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
Single-Family Residential RU $954
plus an annual increase on each July 1, commencing July 1, 2025 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino – Ontario (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. 28 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting and landscaping as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-152 adopted by the City Council of the City of San Bernardino on July 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__.

Felizardo Robles Jr.

Manager
Signature
Print Name
Title
Packet Page. 48

EXHIBIT D

FULL TEXT OF PROPOSITION

SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF

LEVYING AN AMENDED SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (TAX ZONE 29)
September 4, 2024
SPECIAL TAX BALLOT MEASURE:

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

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Single-Family Residential RU $954
plus an annual increase on each July 1, commencing July 1, 2025 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino - Ontario (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. 28 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting and landscaping as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-152 adopted by the City Council of the City of San Bernardino on July 17, 2024, and shall an appropriation limit be established for the Community Facilities No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
Packet Page. 49
Resolution No. 2024-191
Resolution No. 2024-191
September 4, 2024
1 of 3
RESOLUTION NO. 2024-191

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA

DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 28, TAX ZONE 29)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the amendment to special taxes of Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29 (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a Resolution No. 2024-191 calling a special election for September 4, 2024, and submitting to the qualified electors of the territory within CFD No. 2019-1 Tax Zone 29 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated September 4, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election.

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

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

SECTION 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory within CFD No. 2019-1 Tax Zone 29 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code.

SECTION 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine amendment of special taxes within the territory of CFD No. 2019-1 Tax Zone 29 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said Section Packet Page. 50
Resolution No. 2024-191
Resolution No. 2024-191
September 4, 2024
2 of 3
53339.8, to annually levy special taxes within the territory to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-152 adopted by the Mayor and City Council on July 17, 2024. The boundaries of the territory are shown on the map entitled, "Annexation Map No. 28 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on December 8, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 86, in the office of the San Bernardino County Recorder.

SECTION 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including Tax Zone 29.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 51
Resolution No. 2024-191
Resolution No. 2024-191
September 4, 2024
3 of 3

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. 2024-191, adopted at a regular meeting held on the 4th day of September 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 52

EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 29

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated July 22, 2024, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
Verdemont Ranch 20, LLC 25 25
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2024.

Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:

(Attach completed copies of Waiver/Consent and Ballot)
Packet Page. 53
Ordinance No. MC-1642
1 ORDINANCE NO. MC-1642

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 2024-2025 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 September 4, 2024, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on Packet Page. 54
Ordinance No. MC-1642
2 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 2024-2025, 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
Packet Page. 55
Ordinance No. MC-1642
3 Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 56
Ordinance No. MC-1642
4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1642, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 4th day of September, 2024. Ordinance No. MC1642 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 57

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 include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

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

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

Packet Page. 58

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2024-25
(Effective as of September 18, 2024)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21 7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25 Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25 Packet Page. 59
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, - 15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33, -34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18, -19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40 Packet Page. 60
Packet Page. 61
Packet Page. 62
Packet Page. 63
Packet Page. 64
Packet Page. 65
Public Hearing:

CFD No. 2019-1, Tax Zone 29 Amendment: TR
17329 (Verdemont Ranch 20, LLC)
Presented By: Spicer Consulting Group Packet Page. 66
Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Recommended Action:

1. City Council initiate amendment of special tax rates to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) tax zone 29 ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election, d. Adopt a Resolution declaring results of special landowner election; and

2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and

3. Schedule the adoption of the Amended Ordinance for September 18, 2024.

Packet Page. 67
Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Discussion:
• The Property Owner, Verdemont Ranch 20, LLC, has requested the City assist them in amending the special taxes within CFD No. 2019-1 Tax Zone 29 to cover the additional costs associated with including additional slopes and open space with the maintenance of Public Improvements. • The proposed project will include 20 detached single-family lots. The development was fully approved on September 22, 2020.
• The area proposed within Annexation No. 28 includes one (1) parcel, APN 0348-111-51. • On July 17, 2024, the City Council adopted Resolution No. 2024-152, a Resolution of Intention to amend the special tax rates of CFD No. 2019-1 Tax Zone 29 and hold a Public Hearing on September 4, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night. The proposed maximum annual tax of $954 per unit for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 29.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

Packet Page. 68
Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Discussion (Cont.):
• The services, which may be funded with proceeds of the special tax include but are not limited to:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including streetlights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

Packet Page. 69
Project Location
• The property is located at the intersection of Ohio Street and N Little League Drive • Ward: Fifth Ward
Packet Page. 70
Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Fiscal Impact:
• It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be approximately $19,064. All costs associated with the annexation are borne by the Developer. There is no fiscal impact to the City’s General Fund.

Packet Page. 71
Questions?
Packet Page. 72

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

PROJECT MAP
Packet Page. 73
This space for filing stamp only
OR #:

O R A N G E C O U N T Y R E P O R T E R
SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701- 4542 Telephone ( 714) 543- 2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
2015. 5 C.C.P.)
State of Calif ornia )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Riverside, California
I certify ( or declare) under penalty of perjury that the foregoing is true and correct.

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
909) 889-9666 ( 909) 884-2536
SB 3841573
Nessa Morales

CITY OF SAN BERNARDINO/ CITY CLERK - LEAD
290 NORTH D ST.

SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING
Notice of PH Annex 28
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
08/19/2024
08/19/2024

SAN BERNARDINO
A000006846666!
Email

NOTI CE OF PUB LIC HEARI NG

ON INTENTION TO AM END

SPECIAL TAX WITHIN

COMMUNITY FA CILITIES
DISTRI CT 2019- 1

MAINTENANCE SERVICES)
TAX ZONE 29
NOTICE IS HEREB Y GIVENthat
the City Council of the City of San
Bernardino on July 17, 2024 adopted
its Resolution No. 2024- 152, in which
it declared its intention to amend
special tax rates to existing
Community Facilities District No.
2019- 1 ( Maintenance Services) Tax
Zone 29 ( the "CFD No. 2019- 1"), and
to levy an amended 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 HEREB Y FURTHER
GIVEN that the City Council has
fixed 4: 00 p.m., or as soon thereafter
as practicable, Wednesday,
September 4, 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 relative to
the proposed amendment of special
tax rates to CFD No. 2019- 1 Tax Zone

29. At the hearing, the testimony of
all interest persons for or against the
amendment of the special taxes will
be heard. If and to the extent
participation in the September 4,
2024 meeting must occur by
teleconference, videoconference, or
other electronic means authorized
by the Ralph M. Brown Act or an
Executive Order of the Governor of
California, the means and methods
for participating the meeting shall
be posted on the Agenda for said
meeting, which shall be posted at
least 72 hours prior to the meeting on
the City of San Bernardino
www. sbcity. org), and outside of the
Bing Wong Auditorium of the
Norman F. Feldheym Public
Library at 555 W. 6th Street, San
Bernardino, California, 92410. A
copy of the Agenda will be made
available upon request to the San
Bernardino City Clerk' s office at 909-
384- 5002.

DATED:____________, 2024
PUB:_______________, 2024
Packet Page. 74
City Clerk of the City of San
Bernardino
8/19/ 24
SBS- 3841573#
Packet Page. 75

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department: Economic Development
Subject: Irrevocable Agreement to Annex No. 2024-379 (Ward 6) Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-193 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 2210 Ogden Street, San Bernardino, California, within the unincorporated County of San Bernardino territory of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

Executive Summary
In November 2022, the San Bernardino Water Department received a request for sewer service from the owners of a parcel located at 2210 Ogden Street (APN: 0267- 091-17) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection. The Water Department has determined that there is an available 18-inch vitrified clay pipe sanitary sewer main within Duffy Street, fronting the subject parcel and the department can serve this parcel.

Background
In November 2022, the San Bernardino Water Department received a request for sewer service from the owners of a parcel located at 2210 Ogden Street (APN: 0267- 091-17) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection.

In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to Packet Page. 76
approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. The unincorporated area of San Bernardino County, otherwise known as Muscoy, is contiguous to City boundaries; however, annexation of this individual property would result in other islands.

In September of 1997 the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement.

The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future.

Discussion
The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 18-inch vitrified clay pipe sanitary sewer main within Duffy Street, fronting the subject parcel and the department can serve this parcel.

LAFCO requires the Agency providing the service to complete the application. The Resolution will allow the city to submit an application to LAFCO if approved by the Mayor and City Council. The Irrevocable Agreement to Annex will be executed between the City and the applicant.
2021-2025 Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area.

Fiscal Impact
There is no fiscal impact associated with this action. The $1,300 sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees.

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-193 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to Packet Page. 77
provide City sewer services to a property located at 2210 Ogden Street, San Bernardino, California, within the unincorporated County of San Bernardino territory of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

Attachments
Attachment 1 - Resolution No. 2024 -193
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map
Attachment 4 – Exhibit C - Application
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries.

Packet Page. 78
Resolution No. 2024-193
Resolution No. 2024-193
September 4, 2024

RESOLUTION NO. 2024-193

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE APPLICATION TO THE LOCAL

AGENCY FORMATION COMMISSION TO PROVIDE CITY
SEWER SERVICES TO A PROPERTY LOCATED AT 2210

OGDEN STREET, SAN BERNARDINO, CALIFORINA,

WITHIN THE UNICORPORATED COUNTY OF SAN
BERNARDINO TERRITORY OF MUSCOY; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE AN

IRREVOCABLE AGREEMENT TO ANNEX
WHEREAS, Cobra 28 No. 5, a California Limited Partnership, the owner of the property located at 2210 Ogden Street, San Bernardino, California, in the unincorporated area known as Muscoy, also known as Assessor’s Parcel Number 0267-091-17, has requested connection to the City of San Bernardino’s sewage system; and
WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO.

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

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

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 2210 Ogden Street, Assessor’s Parcel Number 0267-091-17, more fully described as follows:

T h e E a s t ½ o f L o t 4 6 9 o f T r a c t N o . 2 3 2 4 , C o u n t y o f S a n B e r n a r d i n o , S t a t e o f C a l i f o r n i a , a s p e r M a p r e c o r d e d i n B o o k 3 3 , P a g e 6 3 - 6 5 o f M a p s , i n t h e Packet Page. 79
Resolution No. 2024-193
Resolution No. 2024-193
September 4, 2024

O f f i c e o f t h e C o u n t y R e c o r d e r o f s a i d C o u n t y .

E x c e p t i n g t h e r e f r o m t h e N o r t h 2 1 0 f e e t A P N : 0 2 6 7 - 0 9 1 - 1 7 - 0 0 0 0
SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2024-379, a copy of which is attached as Exhibit “A”.

SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 80
Resolution No. 2024-193
Resolution No. 2024-193
September 4, 2024

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-193, adopted at a regular meeting held on the 4th day of Septmber 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 81

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)

IRREVOCABLE AGREEMENT TO ANNEX
No. 2024-379
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 4th day of September, 2024; by and between Cobra 28 No. 5, a California Limited Partnership, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”.

RECITALS:

WHEREAS, OWNER holds title to the one parcel, APN 0267-091-17-0000, located at 2210 Ogden Street, San Bernardino, California, and parcel is further described as follows:

T h e E a s t ½ o f L o t 4 6 9 o f T r a c t N o . 2 3 2 4 , C o u n t y o f S a n B e r n a r d i n o , S t a t e o f C a l i f o r n i a , a s p e r M a p r e c o r d e d i n B o o k 3 3 , P a g e 6 3 - 6 5 o f M a p s , i n t h e O f f i c e o f t h e C o u n t y R e c o r d e r o f s a i d C o u n t y .

E x c e p t i n g t h e r e f r o m t h e N o r t h 2 1 0 f e e t A P N : 0 2 6 7 - 0 9 1 - 1 7 - 0 0 0 0
WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon t h e OWNER, heirs, successors and assigns.

Packet Page. 82
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____ NOW, THEREFORE, the Parties hereto agree as follows:

Packet Page. 83
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____ SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system.
f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successors failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may Packet Page. 84
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement.

SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits.

SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the Packet Page. 85
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.

Packet Page. 86
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____

SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above.

CITY OF SAN BERNARDINO
Approved By:

OWNER
__________________________________ _______________________________ Rochelle Clayton Cobra 28 No. 5, LP
Acting City Manager Signature
Michael Brown _________
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
____
Name
__________________________________
Genoveva Rocha
CMC, City Clerk
Packet Page. 87
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
Packet Page. 88
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
Packet Page. 89

EXHIBIT B
Vicinity Map
Annex 2024-379 (Ward 6)
Packet Page. 90
Packet Page. 91

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department: Economic Development
Subject: Irrevocable Agreement to Annex No. 2024-380 (Ward 6) Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-192 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 2179 Blake Street, San Bernardino, California, within the unincorporated County of San Bernardino territory of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

Executive Summary
The recommended action will allow the property owner to initiate the process to connect to the City of San Bernardino Water Department for sewer services. This process also requires the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future.

Background
In November 2022, the San Bernardino Water Department received a request for sewer service from the owners of a parcel located at 2179 Blake Street (APN: 0268- 031-07) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection.

In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and Packet Page. 92
creates confusion regarding the delivery of other City services. This unincorporated area of San Bernardino County is contiguous to City boundaries; however, annexation of this property alone would result in other islands.

In September of 1997 the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement.

The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future.

Discussion
The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 21-inch vitrified clay pipe sanitary sewer main within Blake Street, fronting the subject parcel and the department can serve this parcel.

LAFCO requires the Agency providing the service to complete the application. The resolution will allow the city to submit an application to LAFCO if approved by Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant.
2021-2025 Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area.

Fiscal Impact
There is no fiscal impact associated with this action. The $1,300 sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees.

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-192 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 2179 Blake Street, San Bernardino, California, within the unincorporated County of San Bernardino territory of Packet Page. 93
Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

Attachments
Attachment 1 - Resolution No. 2024 -192
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map
Attachment 4 – Exhibit C - Application
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries.

Packet Page. 94
Resolution No. 2024-192
Resolution No. 2024-192
September 4, 2024

RESOLUTION NO. 2024-192

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE APPLICATION TO THE LOCAL

AGENCY FORMATION COMMISSION TO PROVIDE CITY
SEWER SERVICES TO A PROPERTY LOCATED AT 2179

BLAKE STREET, SAN BERNARDINO, CALIFORINA,

WITHIN THE UNICORPORATED COUNTY OF SAN
BERNARDINO TERRITORY OF MUSCOY; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE AN

IRREVOCABLE AGREEMENT TO ANNEX
WHEREAS, SPSSM INVESTMENTS-IX, LP, a California Limited Partnership, the owner of the property located 2179 Blake Street, San Bernardino, California, in the unincorporated area known as Muscoy, also known as Assessor’s Parcel Number 0268-031-07, has requested connection to the City of San Bernardino’s sewage system; and WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO.

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

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

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 2179 Blake Street, Assessor’s Parcel Number 0268-031-07, more fully described as follows:

T h e E a s t 5 0 f e e t o f t h e N o r t h 1 4 3 f e e t o f L o t 3 4 6 Packet Page. 95
Resolution No. 2024-192
Resolution No. 2024-192
September 4, 2024

o f T r a c t N o . 2 2 5 8 , i n t h e C o u n t y o f S a n B e r n a r d i n o , S t a t e o f C a l i f o r n i a , a s p e r M a p o n f i l e i n B o o k 3 2 P a g e ( s ) 7 2 - 7 7 i n c l u s i v e o f M a p s , R e c o r d s o f S a n B e r n a r d i n o C o u n t y , C a l i f o r n i a A P N : 0 2 6 8 - 0 3 1 - 0 7 - 0 0 0 0
SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2024-379, a copy of which is attached as Exhibit “A”.

SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 96
Resolution No. 2024-192
Resolution No. 2024-192
September 4, 2024

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-192, adopted at a regular meeting held on the 4th day of September 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 97

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)

IRREVOCABLE AGREEMENT TO ANNEX
No. 2024-380
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 4th day of September, 2024; by and between SPSSM INVESTMENTS-IX, LP, a California Limited Partnership, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”.

RECITALS:

WHEREAS, OWNER holds title to the one parcel, APN 0268-031-07-0000, located at 2179 Blake Street, San Bernardino, California, and parcel is further described as follows:

T h e E a s t 5 0 f e e t o f t h e N o r t h 1 4 3 f e e t o f L o t 3 4 6 o f T r a c t N o . 2 2 5 8 , i n t h e C o u n t y o f S a n B e r n a r d i n o , S t a t e o f C a l i f o r n i a , a s p e r M a p o n f i l e i n B o o k 3 2 P a g e ( s ) 7 2 - 7 7 i n c l u s i v e o f M a p s , R e c o r d s o f S a n B e r n a r d i n o C o u n t y , C a l i f o r n i a A P N : 0 2 6 8 - 0 3 1 - 0 7 - 0 0 0 0
WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon t h e OWNER, heirs, successors and assigns.

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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____ NOW, THEREFORE, the Parties hereto agree as follows:

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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____ SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system.
f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successors failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may Packet Page. 100
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement.

SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits.

SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the Packet Page. 101
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.

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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____

SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above.

CITY OF SAN BERNARDINO
Approved By:

OWNER
__________________________________ _______________________________ Rochelle Clayton SPSSM INVESTMENTS-IX, LP
Acting City Manager Signature
Michael Brown _ _ _________
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
____
Name
__________________________________
Genoveva Rocha
CMC, City Clerk
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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EXHIBIT B
Vicinity Map
Annex 2024-380 (Ward 6)
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department: Economic Development
Subject: San Bernardino Soccer Complex Lease Assignment with World Sports Arena, LLC (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-194, authorizing the City Manager to execute the Lease Assignment Agreement for the San Bernardino Soccer Complex, located at 2500 Pacific Street, San Bernardino, California; assigning the Lease with San Bernardino Soccer, LLC, to World Sports Arena, LLC.

Executive Summary
The recommended action will assign the San Bernardino Soccer Complex Lease from San Bernardino Soccer, LLC, to World Sports Arena, LLC. The Lease Agreement is good through September 30, 2025, and carries three (3) five-year extension options.

All terms of the Lease Agreement with San Bernardino Soccer, LLC, will remain unchanged once the Lease is assigned to World Sports Arena, LLC.

Background
On October 19, 2015, the Mayor and City Council approved the lease agreement between the City of San Bernardino and San Bernardino Soccer, LLC with a good through date of September 30, 2025. Shortly after the execution of the Lease, San Bernardino Soccer, LLC, contracted Roberto Gomide to manage the day-to-day operations which included capital upgrades, field reconstruction, maintenance, promotion, and event hosting. Gomide and his team have established the facility as a premier regional soccer destination, hosting some of the most prestigious youth soccer tournaments on the West Coast.

The Lease Agreement with San Bernardino Soccer, LLC, is good through September Packet Page. 108
30, 2025, and carries three (3) five-year extension options. The Lease Agreement outlines the operation and maintenance requirements of the San Bernardino Soccer Complex, which included the establishment and funding of a capital improvement program for the long-term care of the facility.

The San Bernardino Soccer Complex is City-owned and consists of 47 acres of open green space that includes 17 full-sized soccer fields, 4 of which are lighted for night play. The facility is designed for soccer tournaments and practice, and is ideal for regional, national, and international tournaments. The San Bernardino Soccer Complex has served as the site for the USYSA Regional Championships, as well as headquarters for State and National Cups.

Discussion
On October 23, 2023, the City received a request from San Bernardino Soccer, LLC, to assign the Lease between the City of San Bernardino and San Bernardino Soccer, LLC, to World Sports Arena, LLC. Pursuant to Section 25 of the Lease Agreement, the Lease may not be assigned without the prior written consent of the City of San Bernardino.

Roberto Gomide is the founder and CEO of World Sports Arena, LLC, and has managed the day-to-day operations of the San Bernardino Soccer Complex since 2015. In June of 2023, David Elmore, Managing Member of San Bernardino Soccer, LLC, passed away requiring organizational changes within San Bernardino Soccer, LLC. San Bernardino Soccer, LLC, has requested that the Lease be appropriately assigned to Roberto Gomide and World Sports Arena, LLC. The requested Lease Assignment to World Sports Arena, LLC, will not modify the terms of the San Bernardino Soccer Complex Lease Agreement.

Staff recommends that the Mayor and City Council authorize the Lease Assignment from San Bernardino Soccer, LLC, to World Sports Arena, LLC. Roberto Gomide and his team have transformed the San Bernardino Soccer Complex into a world class soccer destination.
2021-2025 Strategic Targets and Goals
This request is consistent with Key Target No. 4 Economic Growth & Development.

The lease assignment aligns with the goals of the City as it assures the continuance of soccer complex operation for public enjoyment.

Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All terms of the original lease will remain in effect.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-194, authorizing the City Manager to execute Packet Page. 109
the Lease Assignment Agreement for the San Bernardino Soccer Complex, located at 2500 Pacific Street, San Bernardino, California; assigning the Lease with San Bernardino Soccer, LLC, to World Sports Arena, LLC.

Attachments
Attachment 1 – Resolution No. 2024-194
Attachment 2 – Exhibit A - Lease Agreement with San Bernardino Soccer, LLC
Attachment 3 – Assignment and Consent to Assignment Agreement Ward:

Second Ward
Synopsis of Previous Council Actions:

October 1, 2015 The Mayor and City Council adopted Resolution No. 2015-229, approving a Lease Agreement with San Bernardino Soccer, LLC, for the management of the San Bernardino Soccer Complex Packet Page. 110
Resolution No. 2024-194
Resolution No. 2024-194
September 4, 2024

RESOLUTION NO. 2024-194

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

LEASE ASSIGNMENT AGREEMENT FOR THE SAN
BERNARDINO SOCCER COMPLEX, LOCATED AT 2500
PACIFIC STREET, SAN BERNARDINO, CALIFORINIA;

ASSIGNING THE LEASE WITH SAN BERNARDINO

SOCCER, LLC, TO WORLD SPORTS ARENA, LLC
WHEREAS, The City of San Bernardino and San Bernardino Soccer, LLC, have entered into a Lease Agreement for the San Bernardino Soccer Complex, dated October 19, 2015 (the “Agreement”). A copy of the Agreement is attached hereto as Exhibit “A” and is incorporated herein by this reference; and
WHEREAS, San Bernardino Soccer, LLC, (Assignor) now desires to assign the Agreement to World Sports Arena, LLC, (Assignee) all its rights, duties, and obligations in, to, and under the Agreement (“Assignment”); and
WHEREAS, Pursuant to Section 25 (Assignment) of the Agreement, an assignment shall not be permitted without the prior written consent of the City and any attempted assignment without such consent shall be invalid and void; and
WHEREAS, the Assignor and Assignee are now requesting to obtain the City’s prior written consent to allow the Assignment.

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

SECTION 1. Intent to Assign. The Mayor and City Council hereby consent to the Lease Assignment Agreement regarding the San Bernardino Soccer Complex, located at 2500 Pacific Street, San Bernardino, California, and hereby authorize the lease assignment from San Bernardino Soccer, LLC, to World Sports Arena, LLC.

SECTION 2. Representations and Warranties. Assignor and Assignee jointly represent and warrant to the City: That Assignee is an organization in good standing and exists under the laws of the State of California.

SECTION 3. Assignment, Assumption, and No Release. Assignor hereby assigns all of Assignor’s right, title and interest in and to the Agreement to Assignee. Assignee expressly assumes, acknowledges, and agrees for the benefit of City to be bound by, and to perform and comply with, every obligation of Assignor under the Agreement.

SECTION 4. 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 Packet Page. 111
Resolution No. 2024-194
Resolution No. 2024-194
September 4, 2024

that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 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. 2024-194
Resolution No. 2024-194
September 4, 2024

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-194, adopted at a regular meeting held on the 4th day of September 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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ROBERTO J. GOMIDE
Founder and CEO of World Sports Solutions International Founder and CEO of World Sports Solutions Intl, one of the primary Sports Contractors in Brazil, Roberto has been working for the past 20 years on developing of the Sports industry with focus on the Turf market as well as Professional and Amateur Soccer, Soccer Academies, Golf Courses and Sports Fields.

Having held several executive positions in South America and in the USA, and with a strong partnership with top European Professionals and technologies, Roberto and World Sports are playing a significant role in many projects related to the new stadiums for the FIFA 2014 World Cup in Brazil.

Of the 14 new stadiums being built in Brazil, 12 are for the 2014 World Cup, and 2 comply with FIFA standards, and World Sports had participation in several of them. From initial design to the final development of the pitch, these stadiums employ state of the art technologies, involving such elements as turf reinforcements, cooling systems and growth light systems.

Residing in the USA since 2014, Roberto has been the driving force behind World Sports, a company dedicated to providing top-tier sports services to the American market. Under his leadership, World Sports has expanded its presence with branches in Nevada, California, and Florida.

Since 2014, World Sports has successfully incorporated numerous prestigious services and established valuable partnerships with various sports entities, including sports groups, golf courses, professional clubs, schools, universities, sports associations, and municipalities.

Notably, World Sports has forged partnerships with prominent organizations such as the NFL, The Elmore Group, Dallas Cowboys, and Orlando City MLS, among many others.

Roberto's commitment and vision have elevated World Sports to become a trusted name in the sports industry, ensuring the delivery of exceptional services and opportunities to sports enthusiasts across the United States.

Contact:

Roberto Gomide: (858) 366-2510
[email protected]
www.worldsportsusa.com / www.worldsports.com.br
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ASSIGNMENT AND CONSENT TO ASSIGNMENT AGREEMENT

FOR THE LEASE AGREEMENT FOR SAN BERNARDINO SOCCER COMPLEX THIS ASSIGNMENT AND CONSENT TO ASSIGNMENT AGREEMENT (“Consent”) is made as of this 4th day of September, 2024 (“Effective Date”), by and among the City of San Bernardino, a charter city and municipal corporation (“City”), San Bernardino Soccer, LLC, a California limited liability company, (“Assignor”), and World Sports Arena, LLC, a California limited liability company (“Assignee”). City, Assignor and Assignee may be individually referred to herein as a “Party,” and collectively referred to as the “Parties.”

RECITALS
A. City and Assignor have entered into the Lease Agreement for the San Bernardino Soccer Complex, dated October 19, 2015 (the “ Agreement”). A copy of the Agreement is attached hereto as Exhibit “A” and incorporated herein by this reference.

B. Assignor now desires to assign to Assignee all of its rights, duties, and obligations in, to, and under the Agreement (“Assignment”).

C. Pursuant to Section 25 of the Agreement, an assignment shall not be operative except upon the written consent of the City and any attempted assignment without such consent shall be invalid and void.

D. Assignor and Assignee desire to obtain City’s consent to the Assignment and City is willing to consent to the Assignment on the following terms and conditions.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Consent, and for valuable consideration, the receipt and sufficiency of which are acknowledged by the Parties, the Parties agree as follows.

AGREEMENT

1. Representations and Warranties. Assignor and Assignee jointly represent and warrant to the City:

1.1 That Assignee is an organization in good standing and validly existing under the laws of the State of California.

1.2 That the execution, delivery and performance of the Agreement by Assignee have been duly authorized.

2. Assignment, Assumption and No Release. Assignor hereby assigns all of Assignor’s rights, title and interest in and to the Agreement to Assignee. Assignee expressly assumes, acknowledges and agrees for the benefit of City to be bound by, and to perform and comply with, every obligation of Assignor under the Agreement.

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City shall have the same rights and remedies as against the Assignee as City under the terms and provisions of the Agreement has against Assignor with the same force and effect as though every such duty, obligation, responsibility, right or remedy were set forth herein in full. Assignee shall have the same rights and remedies as against the City as Assignor under the terms and provisions of the Agreement has against City with the same force and effect as though every such duty, obligation, responsibility, right or remedy were set forth herein in full

3. References. All references and meaning assigned to the term “Lessee” in the Agreement shall be understood to mean Assignee and shall include all of the corresponding rights, obligations and benefits thereof as provided by this Consent and the Agreement.

4. Subsequent Assignments. This Consent does not constitute a consent to any subsequent assignment and does not relieve Assignee or any person claiming under or through Assignee of the obligation to obtain the consent of City under Section 25 of the Agreement to any future assignment. Notwithstanding the foregoing, City may consent to subsequent assignments of the Agreement, or amend the Agreement without notifying Assignee, including but not limited to any of Assignee’s guarantors, and without obtaining their consent, and that action by Assignee will not relieve those persons of liability.

5. Default; Breach. In the event of any default or breach of Assignee under the Agreement, City may proceed directly against Assignee, any guarantors, or anyone else liable under the Agreement without first exhausting City’s remedies against any other person or entity liable under the Agreement to City.

6. Termination. Any termination rights of either Party to terminate the Agreement shall be in accordance with the terms of the Lease.

7. Effect of Execution. Assignee’s execution of this Consent shall be deemed an execution by Assignee of the Agreement. Upon execution of this Consent, Assignee shall be deemed a signatory and party to the Agreement as if Assignee had directly executed the Agreement. Assignee agrees to be firmly bound by all covenants, obligations and conditions of the Agreement by its execution hereunder.

8. General Provisions.

8.1 Invalidity. If this Consent or the Assignment is determined by a court, administrative agency or arbitrator to be invalid, illegal or incapable of being enforced by any rule of law or public policy, the Agreement as originally executed shall nevertheless be deemed to remain in full force and effect as if this Consent and the Assignment had not been made or attempted.

8.2 Severability. If any term or other provision of this Consent is determined by a court, administrative agency or arbitrator to be invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Consent shall remain in full force and effect.

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8.3 Governing Law. This Consent will be construed in accordance with and will be governed by the laws of the State of California. Venue shall be in San Bernardino County, California.

8.4 Notices. Notices, offers, requests or other communications required or permitted to be given by the Parties pursuant to the terms of this Consent shall be given in writing to the respective Parties.

8.5 Counterparts. This Consent may be executed in counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement.

8.6 Binding Effect; Assignment. This Consent shall inure to the benefit of and be binding upon the Parties hereto and their respective legal representatives and successors, and nothing in this Consent, express or implied, is intended to confer upon any other person any rights or remedies of any nature whatsoever under or by reason of this Consent. Assignee may not assign this Consent nor any rights or obligations hereunder, without the prior written consent of the City, and any such assignment shall be void.

8.7 Authority. Each of the Parties hereto represents to the other Parties that (a) it has the requisite power and authority to execute, deliver and perform this Consent; (b) the execution, delivery and performance of this Consent by it have been duly authorized by all necessary corporate or other actions; (c) it has duly and validly executed and delivered this Consent; and (d) this Consent is a legal, valid and binding obligation, enforceable against it in accordance with its terms.

8.8 Interpretation. The headings to sections contained in this Consent are included for reference purposes only and shall not affect or modify in any way the meaning or interpretation of this Consent.

8.9 Attorneys’ Fees. Should any of the Parties initiate any action at law or in equity to enforce or interpret the terms of this Consent, the prevailing Party(ies) shall be entitled to reasonable attorneys’ fees and legal costs from the non-prevailing Party(ies) in addition to any other appropriate relief.

8.10 Waiver. Except as explicitly stated in this Consent, nothing contained in this Consent will be deemed or construed to modify, waive, impair, or affect any of the covenants, agreements, terms, provisions, or conditions contained in the Agreement.

8.11 Entire Agreement; Amendment. This Consent constitutes the final, complete and exclusive statement between the Parties to this Consent pertaining to the terms of City’s consent to the Assignment and supersedes all prior and contemporaneous written and oral agreements. No Party has been induced to enter into this Consent by, nor is any Party relying on, any representation or warranty outside those expressly set forth in this Consent. Any agreement made after the date of this Consent is ineffective to modify, waive or terminate this Consent, in whole or in part, Packet Page. 145
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unless that agreement is in writing, is signed by the City and Assignee, and specifically states that agreement modifies this Consent.

8.12 Electronic Signatures. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO

ASSIGNMENT AND CONSENT TO ASSIGNMENT AGREEMENT
FOR

LEASE AGREEMENT FOR SAN BERNARDINO SOCCER COMPLEX
WHEREFORE, the City, Assignor and Assignee have executed this Consent as of the Effective Date first set forth above.

FOR CITY:

APPROVED BY:

Rochelle Clayton
Acting City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
FOR ASSIGNOR:

SAN BERNARDINO SOCCER, LLC
By:

Printed Name: Jill Roberts
Its: Authorized Representative
By:

Printed Name:

Its:

FOR ASSIGNEE:

WORLD SPORTS ARENA, LLC
By:

Printed Name: Roberto Gomide
Its: Authorized Representative
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EXHIBIT “A”

LEASE AGREEMENT FOR SAN BERNARDINO SOCCER COMPLEX
[Attached Behind This Page]
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks & Recreation & Community Services
Subject: Approve the proposed board for the “Friends of San Bernardino Parks, Recreation and Open Spaces
Foundation” (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2024-196 approving the proposed list of community members to serve on the board of the recently approved California Non-Profit “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation.” Executive Summary
Approval of the proposed list of community members to serve on the board of the California Non-Profit “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation will enable the City to take a proactive and community-driven approach to address funding gaps and enhance parks and recreational facilities.

Background
In discussions for developing increased support avenues for funding future programs, services, and enhancement of amenities at Parks, Recreation and Open Space locations, the Parks, Recreation and Community Services Department a Nonprofit Public Benefit Corporation was approved for establishment. This entity will actively raise funds for programs and services to benefit residents and visiting community to take part in positive recreational experiences at our parks, community centers and open space areas. Establishing the "Friends of San Bernardino Parks, Recreation and Open Space Foundation" as a non-profit fundraising entity is a strategic move with numerous benefits for the community.

The approval of the board members is necessary to conduct the first meeting for the Packet Page. 149
Friends of San Bernardino Parks, Recreation and Open Spaces Foundation and finalize its establishment.

Discussion
A Park and Facility Assessment has been completed by our Parks and Recreation Master Plan Consultants and partners which will provide the Mayor and City Council a detailed and prioritized list of needs for improvement. A key component of the assessment included the identification of key community organizations and stakeholders. The proposed list of board members are community leaders with a history of collaboration with the City and Parks, Recreation and Community services Department to fulfill the needs of the community and provide quality events, programs, and services. It's crucial for local residents, community organizations, and policymakers to work collaboratively to find sustainable solutions and ensure that everyone has access to quality parks and recreational facilities.

The following community leaders are proposed to serve on the board of the Friends of San Bernardino Parks, Recreation and Open Spaces Foundation:
· Alejandro Gutierrez-Chavez, Executive Director of the Arts Connection · Christian Mariscal, Local Artist (Utility Box and multiple city-wide murals) · Steve Filson, Director of Security and Cadet Services, Public Safety Academy · Terry Boykins, Executive Director of Project Fighting Chance · Robin McKinnan, Director of Knock It Off and ForGive Foundation · Sandra Ibarra, City of San Bernardino Councilmember, Ward 2 The Friends of San Bernardino Parks, Recreation and Open Spaces Foundation, will be a proactive and community-driven approach to address funding gaps and enhance parks and recreational facilities. A list of areas of focus for the Friends of San Bernardino Parks, Recreation and Open Space Foundation would be as follows:

Fundraising and Grant Writing
Community Engagement and Advocacy
Public-Private Partnerships
Programming and Events
Long-Term Planning:

Master Planning Support
Sustainable Funding Strategies
By taking a multifaceted approach that combines fundraising, community engagement, and advocacy, a nonprofit foundation like The Friends of San Bernardino Parks, Recreation and Open Spaces Foundation will play a vital role in addressing funding gaps and fostering a thriving community through well-maintained and accessible parks and recreational spaces.
2021-2025 Strategic Targets and Goals
Developing a foundation of community partners dedicated to allocating funds that Packet Page. 150
assist with subsidizing the cost of renovations and development of parks and open space aligns with Strategic Goal #1: Improved Operational & Financial Capacity by establishing a nonprofit to help cover the cost of Department programs, reducing the strain on the City’s General Fund, Strategic Goal #3: Improved Quality of Life by enhancing our parks, community centers and open space areas for residents to partake in physical, mental and overall healthier living practices.

Fiscal Impact
There is no General Fund impact associated with this action. Friends of San Bernardino Parks, Recreation and Open Spaces Foundation is a distinct and separate entity in itself with its own Tax Identification Number; therefore, the Finance Department will create a separate fund for the non-profit, and receipts and disbursements will be recorded in its own fund, separate from the General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2024-196 approving the proposed list of community members to serve on the board of the recently approved California Non-Profit “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation.” Attachments
Attachment 1- Resolution 2024-196; Approval of Proposed Board Members for PROS Foundation
Ward:

All Wards
Synopsis of Previous Council Actions:

On January 17, 2024 the Mayor and City Council of the City of San Bernardino authorized the City Manager, or designee to take the steps necessary to establish a California Nonprofit names “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation” to support the Department of Parks, Recreation and Community Services programs and initiatives.

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Resolution No. 2024-196
Resolution 2024-196
September 4, 2024

RESOLUTION NO. 2024-196

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE PROPOSED LIST OF COMMUNITY

MEMBERS TO SERVE ON THE BOARD OF THE

RECENTLY APPROVED CALIFORNIA NON-PROFIT
“FRIENDS OF SAN BERNARDINO PARKS, RECREATION
AND OPEN SPACES FOUNDATION”
WHEREAS, the Friends of the San Bernardino Parks, Recreation and Open Spaces Foundation was approved for establishment to support the Parks, Recreation and Community Services programs and initiatives; and
WHEREAS, the following community members were recommended for the board:

Alejandro Gutierrez Chavez, Christian Mariscal, Steve Filson, Terry Boykins, Malibu Robin, and Sandra Ibarra; and
WHEREAS, The Friends of San Bernardino Parks, Recreation and Open Spaces Foundation board will be a proactive and community-driven approach to address funding gaps and enhance parks and recreational facilities.

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. Approve the proposed list of community members to serve on the board of the California Nonprofit Public Benefit Corporation named “Friends of San Bernardino Parks, Recreation, and Open Spaces Foundation” to raise funds in support of the Parks, Recreation, and Community Services Department.

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 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.

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Resolution No. 2024-196
Resolution 2024-196
September 4, 2024

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 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. 2024-196
Resolution 2024-196
September 4, 2024

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-196, adopted at a regular meeting held on the 4th day of September 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 4th day of September 2024.

Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lydie Gutfeld, Director of Parks, Recreation & Community Services Department: Parks & Recreation & Community Services
Subject: Acceptance and Approval of Older Californians Nutrition Program Grant Award FY 2024/25 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-195:

1. Authorizing the City Manager to approve a 2024/2025 Budget for year three of a three-year Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAAS-PG); and

2. Authorizing the City Manager to accept the 2024/2025 Congregate Meal Program Grant Budget in the amount of $392,541; and

3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards;

4. Approving certain related purchase orders to Sysco Foods ($215,600) and Hollandia Dairy ($24,530) and Consulting Health and Nutrition Services for continued operation of the Older Californians Nutrition Program; and

5. Authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2024 through June 30, 2025.

Executive Summary
Grant funds for the Older Californians Nutrition Program have been awarded in the amount of $392,541. Funds are administered by the County of San Bernardino Department of Aging and Adult Services – Public Guardian and will enable the city to meet the nutritional, wellness, and social needs of older adults.

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Background
The City of San Bernardino provides a senior nutrition program for seniors in the City, 60 years of age and older, providing lunch and dinner meals, Monday-Friday, yearround.

During FY 2023/24, the Older Californian Nutrition Program served 65,399 meals for a daily average of 266 individual clients, at six (6) nutrition sites: 5th Street Senior Center, Perris Hill Senior Center, Hernandez Community Center, Lytle Creek Community Center, New Hope Family Life Center, and Highland Senior Center.

These meals were served both in in-person dine-in and grab-n-go style. The food is prepared in the main kitchen at the 5th Street Senior Center and delivered to the five other sites in hot and cold containers.

Discussion
The Older Californian Nutrition Program (formerly the Senior Nutrition Program) is supported by funding received from the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG, formerly DAAS) through County Contract No. 22-666. On July 10, 2024, the County of San Bernardino DAASPG issued an e-mail of Budget Approval (County of San Bernardino Nutrition Services Congregate/Home Delivered Meal Program Budget, City of San Bernardino IIIC 2024-25) to the City of San Bernardino, approving $392,541 for FY2024-25 to provide Elderly (Older Californians) Nutrition Program Services. This is an increase from the original first year allocation of $369,749 and within the original annual contract agreement. This is the third (3rd) year of the three (3) year grant cycle with Fiscal Year beginning July 1, 2022, through June 30, 2025. The Program is expected to serve at least 52,300 total annual meals at the six nutrition sites.

At the June 15, 2022, MCC Meeting, the Mayor and City Council approved RFQ No:

F-22-53 for Food Supplies and Consumable Products for Senior Nutrition Center, and it was determined that Sysco Foods and Hollandia Dairy, Inc. were the best bidders.

It was recommended in the execution of the three (3) year agreement to issue annual purchase orders for the food vendors with an option of three (3) additional one (1) year renewals and issue the annual purchase order for nutrition consulting services (Amendment No. 2). We are recommending the City Council to approve extending the term of the master agreement of each food vendor by one year to meet proposed meal needs and extending the term of the master agreement of the required dietician services an additional 5% due to rising costs. Council approvals in years one (FY2022/2023) and two (FY2023/2024), as noted in the Synopsis of Previous Council Actions, and two Council approvals included these three vendors.

These proposed actions will allow the Older Californian Nutrition Program to continue to deliver without delay the proposed FY 2024/2025 nutritional services to the City’s Packet Page. 156
senior population. FY2024/2025 is the third of the three one-year renewals. Staff recommends approval for the issuance of purchase orders as follows. Additionally, due to rising food costs, Staff also recommends approval of a *10% Contingency ($21,830) included for increased number of meals served and unpredictable inflationary cost increases:

Vendor Cost Contingency Total
Sysco Food $ 196,000.00 $ 19,600.00 $ 215,600.00
Hollandia Dairy $ 22,300.00 $ 2,230.00 $ 24,530.00
Consulting Health Nutrition Services $ 18,700.00
2021-2025 Strategic Targets and Goals
This proposal aligns with Goal No. 1: Financial Stability by securing a long-term revenue source and creating a framework for spending decisions, Goal No. 2: Focused, Aligned Leadership and Unified Community by developing and implementing a community engagement plan, and Goal No. 3: Improved Quality of Life by providing low-cost nutritious meals for the senior aged population.

Fiscal Impact
The amount of grant funding currently available to the City from the County for FY 2024/25 is $ 392,541. Acceptance of the grant would entail an amendment to the FY 2024/25 adopted budget consistent with the attached City of San Bernardino Parks and Recreation Department FY 2024/25 Program Budget Detail Sheet (Project #: 0513 Sr.

Nutrition Grant 2024-25), which includes City cash in the amount of $89,427 (covers $1645 for education/training from Nutritionist and $150,092 for anticipated food costs and an additional 10% contingency of $21,830 for unforeseen meal and food cost increases less the $85,000 from adopted FY 2024/25 Adopted budget) and in-kind in the amount of $96,042 (covers personnel costs for volunteers and utilities).

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-195:

1. Authorizing the City Manager to approve a 2024/2025 Budget for year three of a three-year Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAAS-PG); and

2. Authorizing the City Manager to accept the 2024/2025 Congregate Meal Program Grant Budget in the amount of $392,541; and

3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards;

4. Approving certain related purchase orders to Sysco Foods ($215,600) and Packet Page. 157
Hollandia Dairy ($24,530) and Consulting Health and Nutrition Services for continued operation of the Older Californians Nutrition Program; and

5. Authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2024 through June 30, 2025.

Attachments
Attachment 1 Resolution No. 2024-195
Attachment 2 2022-25 OCNP Grant, Exhibit A – County Contract No. 22-666 Attachment 3 2022-25 OCNP FY2025 Orig Budget Approved 7-10-24 Attachment 4 2024-25 OCNP Grant Program Budget Detail Sheet Attachment 5 2024-25 OCNP Amendment No. 2_Consulting Health & Nutrition Services Inc
Attachment 6 Goods Agreement_Sysco_2024-2025
Attachment 7 Goods Agreement_Hollandia Dairy_2024-2025
Attachment 8 Sysco Price Form Exhibit A and C
Attachment 9 Hollandia Dairy Price Form Exhibit A and C Attachment 10 2022-25 SNP Grant, Food&Consumables Bid Responses-RFQ 22- 53 Ward:

All Wards
Synopsis of Previous Council Actions:

On October 4, 2023, the Mayor and City Council adopted Resolution No. 2023-150, accepted the Department of Aging and Adult Services – Public Guardian (DAAS-PG) grant award in the amount of $376,667, appropriated the grant funds, and approved certain related purchase orders for continued operation of the Older Californians Nutrition Program for the period of July 1, 2023 through June 30, 2024.

On June 15, 2022, the Mayor and City Council adopted Resolution No. 2022-126, approving San Bernardino County Department of Aging and Adult Services (DAAS) Contract No. 22-666 for Elderly Nutrition Program Services in the amount of $1,220,000 for the contract period of July 1, 2022 through June 30, 2025; ratifying the Grant Budget submittal and accepting the Grant Award of $348,749; authorizing the Director of Finance or designee to amend the FY 2022/23 and FY2023/24 adopted budgets to reflect grant revenue and expenditures accordingly; and approved certain related purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2022 through June 30, 2023.

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Resolution No. 2024-195
Resolution 2024-195
September 4, 2024

RESOLUTION NO. 2024-195

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING

THE CITY MANAGER OR THEIR DESIGNEE TO APPROVE A
2024/2025 BUDGET FOR YEAR THREE OF A THREE-YEAR

OLDER CALIFORNIANS NUTRITION PROGRAM GRANT

THROUGH THE DEPARTMENT OF AGING AND ADULT
SERVICES – PUBLIC GUARDIAN (DAAS-PG); ACCEPT THE
2024/2025 CONGREGATE MEAL PROGRAM GRANT
BUDGET IN THE AMOUNT OF $392,541; CONDUCT ALL

NEGOTIATIONS, SIGNING AND SUBMITTALS OF

NECESSARY DOCUMENTS TO RECEIVE GRANT BUDGET
AWARDS; AND APPROVE CERTAIN RELATED PURCHASE

ORDERS FOR CONTINUED OPERATION OF THE OLDER
CALIFORNIANS NUTRITION PROGRAM; AND

AUTHORIZING THE DIRECTOR OF FINANCE AND

MANAGEMENT SERVICES TO AMEND THE GRANT FUNDS
FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2025.

WHEREAS, on May 23, 2022, the County of San Bernardino Department of Aging and Adult Services (DAAS) issued a contract for approval by the City of San Bernardino to provide Elderly (Older Californians) Nutrition Program Services for the three (3) year grant cycle in the amount of $1,220,000 for the contract term of July 1, 2022 through June 30, 2025; and, WHEREAS, the City of San Bernardino submitted a request for approval of a proposed FY 2025 Older Californians Nutrition Program Grant Budget to the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG) for the third year of a three (3) year grant cycle to provide an Older Californians Nutrition Meal Program; and WHEREAS, on July 10, 2024, the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG) issued an e-mail of Budget Approval (City of San Bernardino IIIC 2025 Orig. Budget Completed 7-9-24) to the City of San Bernardino, approving a County of San Bernardino Nutrition Services Congregate/Home Delivered Meal Program Budget for FY2024-25 to provide Elderly (Older Californians) Nutrition Program Services; and, WHEREAS, on April 6, 2022, the Purchasing Division of the Finance Department issued RFQ No. F-19-47 for Food Supplies and Consumable Products for Senior Nutrition Center, and it was determined that Sysco Foods and Hollandia Dairy, Inc. were the best bidders, with a multiyear purchase authorization.

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

Packet Page. 159
Resolution No. 2024-195
Resolution 2024-195
September 4, 2024

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

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize the City Manager or his Designee to accept the Department of Aging and Adult Services – Public Guardian (DAAS-PG) Grant Award Budget in the amount of $392,541; and SECTION 3. The Mayor and City Council of the City of San Bernardino hereby authorize the Director of Finance & Management Services, or designee, to amend the existing budget appropriations amongst the Parks, Recreation and Community Services accounts to accurately reflect the grant budget and grant match budget consistent with the adopted staff report; and SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and Management Services, or designee, to approve certain related purchase orders for continued operation of the Older Californians Nutrition Program for the Period of July 1, 2024, through June 30, 2025; Sysco Foods ($215,600), Hollandia Dairy ($24,500), and Consulting Health Nutrition Services ($18,700), and include an additional 5% ($1,700) for the required dietician services and include an additional 10% Contingency ($21,827) in food and consumables to ensure the needs of the program are met for FY 24/25.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024.

Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2024-195
Resolution 2024-195
September 4, 2024

Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2024-195
Resolution 2024-195
September 4, 2024

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-195, adopted at a regular meeting held on the 4th day of September 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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Schedule
CITY OF SAN BERNARDINO, CALIFORNIA "H"
DEPARTMENT: Parks & Recreation
PROJECT #: 0513 Sr. Nutrition Grant 2024-25
Account Number Description
FY2024-25
BUDGET

ESTIMATES MATCH TOTAL
Grant Name: 123-380-0513 001-380-0514
Salaries
5011 Salaries perm/fulltime 77,793 77,793
5013 Automobile allowance -
5014 Salaries temp/parttime 166,041 31,258 197,299
5015 Overtime -
Total: Salaries 243,834 31,258 275,092
Benefits
5026 PERS retirement 12,596 12,596
5027 Health and life insurance 9,060 9,060
5028 Unemployment insurance 8,660 8,660
5029 Medicare 3,588 3,588
5034 CalPERS Unfunded Liability - -
Total: Benefits 33,904 - 33,904
Total: Salaries & benefits 277,738 31,258 308,996
Maintenance and Operations
5111 Material and supplies -
5112 Small tools & equip (consumables) 19,000 19,000
5114 Raw foods 70,148 150,952 221,100
5122 Dues and subscriptions -
5131 Mileage -
5132 Meetings and conferences -
5133 Education and training -
5150 Utilities 64,784 64,784
5172 Equipment maintenance 1,000 1,000
5174 Printing charges -
5175 Postage -
5176 Copy machine charges -
5181 Other operating expense 7,600 7,600
5186 Civic and promotional -
5193 Grant match -
Total: Maintenance and Operations 97,748 215,736 313,484 Contract Services
5502 Professional/contractual services -
5505 Other professional services 17,055 1,645 18,700
Total: Contractual Services 17,055 1,645 18,700
Internal Service Charges
5601 Garage charges - -
5602 Workers compensation - -
5603 Liability -
5604 IT charges in-house -
5605 Telephone support -
5606 Electric -
5612 Fleet charges - fuel -
Total: Internal Service Charges - - -
Capital Outlay
5703 Communications equipment -
Total: Capital Outlay - - -
Credit/billables
5910 Credit - federal and state program funding -
Total: Credit/billables - - -
Total: Non-Personnel Expenses 114,803 217,381 332,184
Grant Total 392,541 248,639 641,180
NOTE: Match(001) Salaries/Temp. reflect value of volunteer labor and Utilities are shown for Match reporting purposes only to show true costs, NOT General 7/19/2024 Packet Page. 252
AMENDMENT NO. 2 TO

AGREEMENT FOR DIETICIAN SERVICES FOR OLDER CALIFORNIANS

NUTRITION GRANT
WITH CONSULTING HEALTH AND NUTRITION SERVICES, INC.

This Amendment No. 2 to the Agreement for dietician services for Older Californians Nutrition Grant is made and entered into as of July 1, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Consulting Health and Nutrition Services, Inc., a sole proprietorship (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated July 1, 2022, for the purpose of providing dietitian services for the Elderly Nutrition Program – Older Americans Act, Title IIIC Funds (now referred to as the Older Californians Nutrition Grant) (the “Master Agreement”).

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

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Term. The term of the Master Agreement shall be extended for an additional term of one year through June 30, 2025, unless earlier terminated.

3. Compensation.

There is no change to the total not to exceed compensation of the Master Agreement.

4. Full Force. Except as amended by this Amendment No. 2, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.

5. Electronic Transmission. A manually signed copy of this Amendment No. 2, which is transmitted by facsimile, email or other means of electronic transmission shall Packet Page. 253
be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 254

SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE DIETICIAN SERVICES FOR OLDER CALIFORNIANS

NUTRITION GRANT AGREEMENT
WITH CONSULTING HEALTH AND NUTRITION SERVICES, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
Acting City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Consulting Health and Nutrition Services,
Inc.

Signature
Name
Title
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1 CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 1 st day of July,
2024, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and SYSCO RIVERSIDE, a CORPORATION with its principal place of business at 15750 MERIDIAN PARKWAY, RIVERSIDE, CA (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.

B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval.

Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request.

Section 3. INSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after Packet Page. 256

2 rejection or acceptance thereof.

Section 4. WARRANTY.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights Packet Page. 257

3 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Section 5. PRICES.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications.

If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.

Section 7. PAYMENTS.

A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met.

Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which Packet Page. 258

4 payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.

D. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.

E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 8. SCHEDULE FOR DELIVERY.

A. The time of Supplier’s performance is of the essence for this Agreement.

The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $ RECOMMEND TO DELETE THIS SENTENCE per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” Packet Page. 259

5 B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9. TAXES.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 10. INDEPENDENT CONTRACTOR.

Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 11. SUBCONTRACTS.

Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.

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6 Section 12. TITLE AND RISK OF LOSS.

Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.

Section 13. INDEMNIFICATION.

A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

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7 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $1,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.

5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give the City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

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8 D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 15. LIENS.

A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 16. TERMINATION OF AGREEMENT BY CITY.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered.

If City’s cost of obtaining the Goods, including compensation for additional managerial Packet Page. 263

9 and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects Packet Page. 264

10 thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

Section 18. MISCELLANEOUS PROVISIONS.

A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Rochelle Clayton, Acting City
Manager
With Copy To:

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

SYSCO RIVERSIDE
15750 MERIDIAN PARKWAY
RIVERSIDE, CA 92518

BEN ROBBINS
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

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11 C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.

K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered Packet Page. 266

12 as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]

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13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND SYSCO RIVERSIDE
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

SYSCO RIVERSDE

Signature

Name

Title
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14 Exhibit A
Goods Specifications
See Price Form (ATTACHMENT 8)
Packet Page. 269

15 Exhibit B
Delivery Schedule
ORDER ON TUESDAY – DELIVERY ON THURSDAY
Packet Page. 270

16 Exhibit C
Fee Schedule
See Price Form (ATTACHMENT 8)
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1 CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 1st day of July 2024, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and HOLLANDIA DAIRY, a CORPORATION with its principal place of business at 622 E MISSION RD, SAN MARCOS, CA 92069-1902 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.

B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval.

Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request.

Section 3. INSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after Packet Page. 272

2 rejection or acceptance thereof.

Section 4. WARRANTY.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights Packet Page. 273

3 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Section 5. PRICES.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications.

If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.

Section 7. PAYMENTS.

A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met.

Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which Packet Page. 274

4 payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.

D. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.

E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 8. SCHEDULE FOR DELIVERY.

A. The time of Supplier’s performance is of the essence for this Agreement.

The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $RECOMMEND TO DELETE THIS SENTENCE per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” Packet Page. 275

5 B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9. TAXES.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 10. INDEPENDENT CONTRACTOR.

Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 11. SUBCONTRACTS.

Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.

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6 Section 12. TITLE AND RISK OF LOSS.

Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.

Section 13. INDEMNIFICATION.

A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

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7 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.

5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, selfinsurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

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8 D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 15. LIENS.

A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 16. TERMINATION OF AGREEMENT BY CITY.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered.

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9 and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects Packet Page. 280

10 thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

Section 18. MISCELLANEOUS PROVISIONS.

A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: ROCHELLE CLAYTON, ACTING

CITY MANAGER
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:
622 E MISSION RD, SAN MARCOS, CA
92069
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

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11 C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.

K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered Packet Page. 282

12 as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]

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13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND HOLLANDIA DAIRY, INC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF SAN BERNARDINO
APPROVED BY:

ROCHELLE CLAYTON
City Manager
ATTESTED BY:

GENOVEVA ROCHA
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
HOLLANDIA DAIRY, INC.

Signature

Name

Title
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14 Exhibit A
Goods Specifications
See Price Form (ATTACHMENT 9)
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15 Exhibit B
Delivery Schedule
PLACE ORDER ON TUESDAYS – DELIVERIES ON THURSDAY
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16 Exhibit C
Fee Schedule
See Price Form (ATTACHMENT 9)
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works, Operations and
Maintenance
Department: Public Works
Subject: Recommendation to Increase the Construction
Contingency and Construction Management Budget
for Nicholson Park Improvements Project. (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-197:

1. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP Budget with an additional $745,128 for the Nicholson Park Improvements Project using the Measure S fund balance; and

2. Authorizing the Director of Finance and Management Services to increase the construction contingency and construction management budget from $1,290,000 to the total amount of $2,139,564.87; and

3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Executive Summary:

The City of San Bernardino has the opportunity to enhance Nicholson Park by adding picnic shelters, shade sails/covers, and steel trellis improvements, totaling $745,127.48, through a change order to the existing construction agreement with Urban Habitat. Initially, only the base bid was awarded due to funding limitations; however, an additional $1,746,044.73 has since been allocated to the project from CDBG funding sources. This increase in funding allows for the completion of the previously omitted items. Staff recommends allocating an additional $745,128 from Measure S funds to replenish the contingency used for the change order additive alternate scope of work.

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Background
Nicholson Neighborhood Park, located at 2737 West 2nd Street, is a City-owned 9.52- acre park facility that includes recreational amenities and a community center building.

The recreational area of the park currently consists of two baseball diamonds with a concession/score keeper area (restroom included), a community garden, outdoor basketball court, picnic shelter, 10 picnic tables, two barbeque grills, a playground area, restrooms, and parking lot. While the park area continues to see some general community use, the community center building has been closed for programming for several years due to financial challenges.

Over the past several years, Nicholson Neighborhood Park has become a target for vandalism due to the lack of programmed activities at the site. Many of the supporting outbuildings, irrigation, and lighting systems have been damaged beyond repair.

During preparation of the FY 2020/21 Capital Improvement Program (CIP), staff recommended rehabilitation of the park to return the property to a safe and attractive condition. Restoration of the park and its amenities will assist in drawing positive activities back to the area and restore recreational opportunities for the surrounding neighborhood.

On June 24, 2020, the Mayor and City Council approved Resolution No. 2020-128, which adopted the City’s Annual Operating Budget for Fiscal Year 2020/21. This budget included funding for the Nicholson Neighborhood Park Improvements project (CIP Project PR21-006). The project initially received $1,000,000 from the Community Development Block Grant (CDBG) and $186,833.31 from Meadowbrook Insurance Claim funds, giving the project a total budget of $1,336,833.31.

On February 2, 2022, Resolution 2022-26 was adopted, allocating an additional $8,850,000 in American Rescue Plan Act (ARPA) funds to complete the project. On April 17, 2024, an additional $1,746,044.73 was reallocated to Nicholson Park as part of amendments to the Community Development Block Grants 2023-2024 and 2020-21 Annual Action Plans.

For the design of the park, an agreement was made with RHA Landscape Architects – Planners, Inc. on March 3, 2021, for $215,295. This agreement was amended on August 3, 2022 (Amendment No. 1) to expand the scope of services for an additional $197,250. Another amendment was approved on August 2, 2023 (Amendment No. 2) to include more feedback in the design, costing an additional $47,300. The total design budget for Nicholson Park is $459,845.

On December 6, 2023, the City of San Bernardino awarded a construction contract to Urban Habitat for $8,147,197.56 to complete the base bid items for the Nicholson Neighborhood Park Improvements project. On the same day, an additional $1,290,000 was approved for construction contingencies and construction management costs.

Subsequently, on February 21, 2024, a contract for construction management and inspection services was awarded to Z&K Consultants for $471,876, with an extra $47,187 allocated for professional services contingencies, reducing the original $1,290,000 contingency fund to $770,937.

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As part of the December 6, 2023, approvals, the Mayor and City Council authorized the City Manager, or their designee, to execute all necessary documents with Urban Habitat and Z&K Consultants, including any required change orders. The City Manager was also authorized to expend the contingency fund as needed to ensure the completion of the project. Therefore, the City Manager has the authority to manage the project’s approved budget and contractual adjustments without requirement of an amendment or additional approval authority.

The following table details the funding and budget balance:

Discussion
Construction is currently underway for the Nicholson Park Improvements Project.

Due to funding limitations at the time of award, only the base bid was awarded to Urban Habitat for construction. Since then, additional funding has been allocated to the project in the amount of $1,746,044.73 from CDBG funding sources. As a result, the City has the opportunity to construct the additive alternative items that were previously omitted from the construction agreement.

There are also pending change orders for the Nicholson Park project totaling $104,436.87 and cover various essential adjustments. Key items include $49,502.53 for a sewer tie-in, $24,389.06 for orchard irrigation, and $20,391.71 for orchard fencing. Additionally, smaller change orders address light pole removal, unforeseen CMU work, trimming bushes, and constructing CMU dugouts. These changes are necessary to ensure the project’s successful completion and address unexpected needs that have arisen during construction. Staff will review the existing change orders and utilize the existing ARPA funding as needed.

ARPA $8,850,000.00
CDBG $1,000,000.00
InsuranceLiability $186,833.31
ADDEDCDBG $1,736,043.73
Total Budget $11,772,877.04
Nicholson Park Funding Details
Vendors Costs
RHAArchitect $459,845.00
UrbanHabitat $8,147,197.56
Contingency $770,937.00
Z&KCMCI(w/contingen $519,063.00
Avant Garde $2,000.00
Total Costs $9,899,042.56
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Staff also recommends utilizing available contingency ARPA funding to construct picnic shelters, shade sails/covers, and steel trellis improvements as listed in the additive alternative bid schedule that was previously advertised on PlanetBids. The cost of these additional change order items is $745,127.48. An additional $745,128 is requested from the Measure S Fund to cover any additional future costs.

This would bring the updated total budget to $12,518,005.04, which includes funding from ARPA ($8,850,000.00), CDBG ($1,000,000.00), insurance liability ($186,833.31), additional CDBG funds ($1,736,043.73), and added Measure S funds ($745,128.00). Please note that staff shall bring a request to Mayor and City Council for reallocation of ARPA funding to another Community Center project at Encanto Park.

The project’s updated costs include expenses for RHA Architect ($459,845.00), Urban Habitat ($8,147,197.56), and other associated vendors, with a contingency of $770,937.00 and total change orders amounting to $104,436.87. The addition of alternate change order scope items brings the total updated costs to $10,748,606.91.

Please see funding table below:

Vendors Updated Costs
RHAArchitect $459,845.00
UrbanHabitat $8,147,197.56
Contingency $770,937.00
Z&KCMCI(w/contingen $519,063.00
Avant Garde $2,000.00
Total PendingC/Os $104,436.87
AddAlternateC/O $745,127.48
Total Updated Costs $10,748,606.91
ARPA $8,850,000.00
CDBG $1,000,000.00
InsuranceLiability $186,833.31
ADDEDCDBG $1,736,043.73
Added MeasureS $745,128.00
Total Updated Budget $12,518,005.04
Nicholson Park Updated Funding Details
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2021-2025 Strategic Targets and Goals
Authorizing the execution of this agreement aligns with Key Target No. 3: Improved Quality of Life. The completion of this project will improve the community’s quality of life by providing safe and well-maintained park facilities.

Fiscal Impact
There is a $745,128.00 impact to Measure S associated with this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-197:

1. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP Budget with an additional $745,128 for the Nicholson Park Improvements Project using the Measure S fund balance.; and

2. Authorizing the Director of Finance and Management Services to increase the construction contingency and construction management budget from $1,290,000 to the total amount of $2,139,564.87.; and

3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 Resolution No. 2024-197
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

April 15, 2020 Approval of the City's FY 2020/21 CDBG Action Plan.

June 24, 2020 Adoption of Resolution No. 2020-128 approving Capital Improvement Program FY 2020/21.

March 3, 2021 Adoption of Resolution No. 2021-37 approving agreement with RHA Landscape Architects - Planners, Inc. to provide design services for the Nicholson Neighborhood Park.

February 2, 2022 Adoption of Resolution No. 2022-26 assigning American Rescue Plan (ARP) funds in the amount of $8,850,000 to the Nicholson Park Project in lieu of future grant funding.

August 3, 2022 Approval of Amendment No. 1 to agreement with RHA Landscape Architects - Planners, Inc. to provide additional design services for the Nicholson Neighborhood Park.

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August 2, 2023 Approval of Amendment No. 2 Agreement with RHA Landscape Architects – Planners, Inc. for Nicholson Park Design
December 6, 2023 Award of Agreement with Urban Habitat for Construction of Nicholson Neighborhood Park
February 21, 2024 Award of Agreement Construction Management and Inspection Services for the Nicholson Park Improvements.

April 17, 2024 Approval of the Substantial Amendments to Fiscal Year 2023- 2024 and 2020-2021 Annual Action Plans for the Community Development Block Grant.

Packet Page. 329
Resolution No. 2024-197
Resolution 2024-197
September 4, 2024