Agenda packet — Mayor and City Council, January 15, 2025 (part 1 of 9)

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

CITY OF SAN BERNARDINO
AGENDA

FOR THE

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

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

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

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

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

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

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JANUARY 15, 2025
4:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • 555 W 6th Street • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Rochelle Clayton
COUNCIL MEMBER, WARD 2 ACTING CITY MANAGER
Juan Figueroa Sonia Carvalho
MAYOR PRO TEM, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, WARD 4 CITY CLERK
Kim Knaus
COUNCIL MEMBER, WARD 5
Mario Flores
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
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WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR

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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 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
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 Pg. 18
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Janet Aguayo v. City of San Bernardino, Workers’ Compensation Case No. ADJ179431 ii.) Michael Fowler v. City of San Bernardino, Workers’ Compensation Case Nos.

ADJ12765435; ADJ2417513; ADJ4532837; ADJ4488737; and ADJ10324224 iii.) John Phillips v. City of San Bernardino, Workers’ Compensation Case No. ADJ4660620 iv.) Tiffany Ann Harrison v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2325880
v.) Angelica Ortega v. City of San Bernardino, San Bernardino Superior Court Case No.

CIVSB2308185
vi.) Damion “David” Wood v. City of San Bernardino, et al., United States District Court Case No. 5:23cv00925JAKAS
vii.) Mark Detinne, a minor by and through his Guardian ad Litem Todd Allen Detinne v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2016739 viii.) Brian Pellis, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2226731
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):

One Item

C) PUBLIC EMPLOYEE APPOINTMENT AND PERFORMANCE EVALUATION PROCESS (Criteria, Timing, Goal Setting, and Other Preliminary Matters) Titles: City Attorney, City Clerk, City Manager
Mayor and City Council of the City of San Bernardino Page 3 5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Proclamation Honoring Disabled American Veterans Chapter 12 for 100 Years of Service in the City of San Bernardino – January 2025 (All Wards) Pg. 21

CLOSED SESSION REPORT

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CITY MANAGER UPDATE

PUBLIC HEARING

2. Resolution Approving the Issuance of Revenue Obligations by the California Enterprise Development Authority through Benevolence Industries Inc., a Federally qualified Health Center Agency within San Bernardino City Limits Pg. 24 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino (“City”) adopt Resolution No. 2025-001 approving the issuance of revenue obligations by the California Enterprise Development Authority (“Authority”) following a public hearing in accordance with the requirements of the Federal Tax Equity and Fiscal Responsibility Act (“TEFRA”) to conduct such a hearing under the authority of the local jurisdiction, and Internal Revenue Code of 1986 as amended (“Code”).

3. Resolution Approving Street Vacation (15.30442) of a Portion of Iola Place East of North “D” Street and North of West Baseline Street, and the Reservation of Utilities Therein (Ward 2) Pg. 33
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025002 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Iola Place east of North “D” Street, and north of West Baseline Street, and the reservation of utilities therein.

4. Public Hearing on Annexation No. 47 (Drivethrough Restaurant located south of Hospitality Ln and west of Tippecanoe Ave) to Community Facilities District 20191 (Maintenance Services) (Ward 3) Pg. 49
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. 2025003 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 47); and

3.Hold a special landowner election and canvass the election; and Mayor and City Council of the City of San Bernardino Page 4

4. Adopt Resolution No. 2025004 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. 47); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1646 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, and streets, 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. MC1646 for February 5, 2025.

5. Public Hearing on Annexation No. 48 (Piedmont Mobile Home Estates located north of Highland Ave and east of N. Piedmont Ave) to Community Facilities District 20191 (Maintenance Services) (Ward 4) Pg. 114
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. 2025005 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 48); and

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

4. Adopt Resolution No. 2025006 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. 48); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1647 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 lighting, street maintenance, park maintenance, graffiti abatement, and 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. MC1647 for February 5, 2025.

Mayor and City Council of the City of San Bernardino Page 5

CONSENT CALENDAR

6. Accept $1,000 Grant Funding from Best Friends Animal Society (All Wards) Pg. 172 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025007:

1. Authorizing the Department of Animal Services to accept grant funding in the amount of $1,000 from Best Friends Animal Society for animal sheltering programs; and

2. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Budget to appropriate $1,000 of the grant funding in both revenues and expenditures for animal shelter programs and services.

7. Adoption of Ordinance MC1645 Development Code Amendment 2404 (ADU 2024 Legislative Update) Pg. 189
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California accept for final reading and adopt Ordinance No. MC1645, approving Development Code Amendment 2404 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).

8. Imposing Liens totaling $243,380.52 on Certain Real Property to Recover Costs for Code Enforcement Abatements (All Wards) Pg. 206
Recommendation:

Adopt Resolution No. 2025008 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City San Bernardino for the costs of public nuisance abatements.

9. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 49, Tax Zone No. 49 (Watt EV Electric Truck Charging Facility at the intersection of W. Century Ave. and South E St.) (Ward 3) Pg. 246
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2025009 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 49) and authorizing the levy of a special taxes therein.

10. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 50, Tax Zone No. 50 (Chipotle located at the northeast corner of G St and 5th St) (Ward 1) Pg. 288 Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2025010 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 50) and authorizing the levy of a special taxes therein.

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

11. Resolution Updating the Computershare Debt Trustee Services Signature Authority (All Wards) Pg. 322
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2025011 updating the City’s bank and debt trustee account signature authority for Computershare Trust Company.

12. Investment Portfolio Report for October 2024 (All Wards) Pg. 329 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for October 2024.

13. Technical Correction to the Appropriations Limits for Fiscal Years 202223, 202324, and 202425 (All Wards) Pg. 363
Recommendation:

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

1. Adopt Resolution No. 2025022 of the Mayor and City Council of the City of San Bernardino, California, approving the technical correction to the Appropriations Limit for Fiscal Years 202223;

2. Adopt Resolution No. 2025023 of the Mayor and City Council of the City of San Bernardino, California, approving the technical correction to the Appropriations Limit for Fiscal Years 202324;

3. Adopt Resolution No. 2025024 of the Mayor and City Council of the City of San Bernardino, California, approving the technical correction to the Appropriations Limit for Fiscal Years 202425;

4. Reestablish the City’s Appropriations Limits for Fiscal Years 202223, 2023 24, and 202425 as required by Article XIII ofthe California State Constitution.

14. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for October 2024 (All Ward) Pg. 408
Recommendation:

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

15. American Rescue Plan Update (All Wards) Pg. 535
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report on the American Rescue Plan Act (ARPA) funds allocation and expenditures to date.

16. Approving Job Classifications and Amending the Citywide Classification and Compensation Plan Pg. 541
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025012:

1. Establishing salary assignments for the classifications of Homeless Outreach Specialist Homeless Outreach Coordinator, Police Records Manager, Police Dispatch Manager, Economic Development Specialist, Senior Economic Development Manager and Veterinarian; and

2. Amending the Citywide salary schedule for fulltime, parttime, temporary, and seasonal positions.

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

17. PreApproval of Mayor’s Reimbursable Travel for FY 2024/2025 Yale Mayors College & 151st CEO Caucus (All Wards) Pg. 563
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, preapprove the Mayor’s reimbursable travel to Yale Mayors College & 151st CEO Caucus for Fiscal Year 2024/25.

18. Approve the Purchase of a Mobile Stage Trailer in the amount of $191,390 for Special and Citywide Events (All Wards) Pg. 592
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025013:

1. Approving the award of a Mobile Stage Trailer Agreement with Stageline Mobile Stage in the amount of $191,390 for the purchase of a mobile stage trailer; and

2. Authorizing the City Manager or his designee to execute the Professional Services Agreement (PSA) between the City of San Bernardino and Stageline Mobile Stage; and

3. Authorizing the Director of Finance & Management Services to issue a purchase order in the amount of $ 191,390 to Stageline Mobile Stage for the purchase of the mobile stage trailer.

19. Accept the Kaiser Permanente California Community Foundation Grant in the amount of $60,000, and Appropriate Funds for the Operation Splash 2024 and 2025 Summer Aquatics Programs in the Amount of $60,000 for FY’s 20242026 (All Wards) Pg. 624
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025014:

1. Authorizing the City Manager to accept the grant award from Kaiser Permanente in the amount of $60,000;and

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

3. Authorizing the Director of Finance & Management Services to amend the FY 2024/25 Operating Budget by appropriating $60,000 of grant funds in both revenue and expenditures.

20. Accept the FY 2023 $175,000 Department of Justice Project Safe Neighborhoods Grant (All Wards) Pg. 648
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025015 authorizing:

1. The City Manager or designee to accept the FY 2023 Department of Justice, Project Safe Neighborhoods grant funding.

2. The Interim Director of Finance and Management Services to amend FY 2024/25 Adopted Budget appropriating $175,000 in both revenue and expenditures.

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

21. Authorize the City Manager to Execute a 6th Amendment with Dignity Health Corporation for a Police Services Agreement at Community Hospital San Bernardino and St. Bernardine’s Medical Center. (All Wards) Pg. 691 Recommendation:

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

1. Authorize the City Manager to execute a 6th Amendment with Dignity Health Corporation, entering into a Police Services Agreement until December 31, 2027.

2. Authorize the Interim Director of Finance and Management Services to amend the FY 2024/25 Operating Budget by appropriating $188,801 in both revenue and expenditures accordingly.

22. Award of Construction Agreement for the Energy Efficiency & Conservation Grant Voucher Program Solar Retrofit in the amount of $249,590 to Retrofit Ornamental Light Poles with Solarpowered LED fixtures (All Wards) Pg. 738 Recommendation:

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

1. Authorize the City Manager or designee to approve the award of an agreement with Sierra Pacific Electrical Contracting in the amount of $149,776 for the implementation of the Energy Efficiency and Conservation Grant (EECBG) Voucher Solar Retrofit 2024 project; and

2. Authorize the Director of Finance & Management Services to approve construction contingencies in the total amount of $99,814 for construction of the Project, for a total not to exceed project budget of $249,590;and

3. Authorize the City Manager or designee to execute all documents with Sierra Pacific Electrical Contracting; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete theproject.

23. Award of Construction Agreement for Improvements at Gutierrez Park to Zeco Inc., and Authorize a Project Budget of $1,100,228.38 (Ward 6) Pg. 919 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025016:

1. Approving the award of a Construction Agreement with Zeco Inc. in the amount of $887,224.55 for Improvements at Gutierrez Park (Project);and

2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $177,444.91.

3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $100,228.38 from the AB 1600 Parkland and Op Fund to bring the total project budget to$1,100,228.38.

4. Authorizing the City Manager or designee to execute all documents with Zeco Inc.; and
Mayor and City Council of the City of San Bernardino Page 9

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

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

24. Rejecting Construction Bids for Storm Drain Improvement Project (All Wards) Pg. 1183 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025017 Rejecting the Construction Bids for the Storm Drain Improvement Project.

25. Amendment No. 2 to Agreement with Infrastructure Engineers, A Bowman Company (Wards 1, 2, 3, 6 & 7) Pg. 1193
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 2 to the Professional Services Agreement with Infrastructure Engineers, A Bowman Company, extending the term until June 30, 2025 to continue the provision of construction management and inspections services for the creation and installation of Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.

26. Award of Construction Agreement for Improvements at Ruben Campos Community Center to Perfection Painting Corp, and Authorize a Project Budget of $392,520 (Ward 1) Pg. 1205
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025018:

1. Approving the award of a Construction Agreement with Perfection Painting Corp in the amount of $327,100.00 for the Improvements at Ruben Campos Community Center (Project); and

2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $65,420.00 for construction of the project.

3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $178,084.00 from the AB 1600 Parkland and Op Fund to bring the total project budget to$392,520.00.

4. Authorizing the City Manager or designee to execute all documents with Perfection Painting Corp; and

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

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 10

27. Award of Construction Agreement for Improvements at Encanto Park to Global Builders Inc., and Authorize a Project Budget of $238,665.60 (Ward 6) Pg. 1455 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025019:

1. Approving the award of a Construction Agreement with Global Builders Inc. in the amount of $198,888.00 for Improvements at Encanto Park (Project); and

2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $39,777.60 for the construction of the project.

3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $24,178.80 from the AB 1600 Parkland and Op Fund to bring the total project budget to$238,665.60.

4. Authorizing the City Manager or designee to execute all documents with Global Builders Inc.; and

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

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

28. Approval for Remaining Grant Funds Allocation for Change Orders – Clean California Local Grant Program Project (Ward 1) Pg. 1727 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025020:

1. Authorizing the Director of Finance and Management Services the use of the remaining $79,009.90 in unallocated grant funds for contract change orders and additional unforeseen field conditions related to Southern California Edison utility work; and

2. Authorizing the City Manager or designee to execute all necessary documents, including contract change orders, with SDC Engineering, Inc.; and

3. Authorizing the City Manager or designee to approve and execute contract change orders as necessary to complete the project within the approved budget; and

4. Authorizing the Director of Finance and Management Services to amend the Capital Improvement Program (CIP) adopted budget to reflect the approved changes.

Mayor and City Council of the City of San Bernardino Page 11

DISCUSSION

29. Vanir Building Lease Options for a Permit and Plan Check Counter Location and Office Space Needs Pg. 1739
Recommendation:

Mayor and City Council Receive an update on the lease options for additional office space in the Vanir Building at 290 N. D Street and provide direction to staff.

30. Unaudited FY 2023/24 YearEnd Update General Fund Financial Update Pg. 1745 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the FY 2023/24 Unaudited YearEnd Update.

31. It is recommended the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2025-021:

1. Authorizing the City Manager, or designee, to execute an amendment to the agreement and budget with the Board of State and Community Corrections (“BSCC”) for the California Violence Intervention and Prevention Program Cycle 4 grant (“Grant”); and

2. Authorizing the City Manager, or designee, to terminate a Professional Services Agreement (“PSA”) with Victory Outreach San Bernardino (“Victory Outreach”); and

3. Authorizing the City Manager, or designee, to execute an amendment to the PSA with Operation New Hope; and

4. Authorizing the City Manager, or designee, to execute a Subrecipient Agreement with Young Visionaries Youth Leadership Academy (“Young Visionaries”), and PSAs with The Connie Rice Institute for Urban Peace (“Connie Rice”), and Loma Linda University Institute for Community Partnerships (“Loma Linda”) for community violence intervention services; and

5. Authorizing the Interim Finance and Management Services Director to issue Purchase Orders to Young Visionaries in a not to exceed (“NTE”) amount of $249,000 (“$249K”), Operation New Hope in a NTE amount of $458,000 (“$458K”), Connie Rice in a NTE amount of $110,000 (“$110K”); and Loma Linda in a NTE amount of $142,000 (“$142K”) from BSCC funding for community violence intervention services; and

6. Authorizing the Interim Finance and Management Services Director to reallocate $104,969.41 in American Resue Plan Act (“ARPA”) funding from Victory Outreach to Young Visionaries (in the amount of $50,578.88) and Operation New Hope (in the amount of $54,390.53).

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 February 05, 2025, 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 12

CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the January 15, 2025, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, January 10, 2025.

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 13 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 14 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 15 ALTERNATE MEETING VIEWING METHOD:

If there are any technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning, you may view the meeting from the following location (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 comments will not be read aloud by city staff. Written correspondence can be accessed bythe public online 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 the following regularmeeting.

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 extend a meeting beyond 10:00 P.M. to discuss specified items.” Mayor and City Council of the City of San Bernardino Page 16 This page was intentionally left blank.

A) Closed Session
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Janet Aguayo v. City of San Bernardino, Workers’ Compensation Case No.

ADJ179431
ii.) Michael Fowler v. City of San Bernardino, Workers’ Compensation Case Nos.

ADJ12765435; ADJ2417513; ADJ4532837; ADJ4488737; and ADJ10324224 iii.) John Phillips v. City of San Bernardino, Workers’ Compensation Case No.

CIVSB2308185
vi.) Damion “David” Wood v. City of San Bernardino, et al., United States District Court Case No. 5:23-cv-00925-JAK-AS
vii.) Mark Detinne, a minor by and through his Guardian ad Litem Todd Allen Detinne v.

City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2016739 viii.) Brian Pellis, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2226731
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):

One Item

C) PUBLIC EMPLOYEE APPOINTMENT AND PERFORMANCE EVALUATION PROCESS (Criteria, Timing, Goal Setting, and Other Preliminary Matters) Titles: City Attorney, City Clerk, City Manager
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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: January 15, 2025
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Department: City Manager's Office
Subject: Closed Session
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Janet Aguayo v. City of San Bernardino, Workers’ Compensation Case No.

ADJ179431
ii.) Michael Fowler v. City of San Bernardino, Workers’ Compensation Case Nos. ADJ12765435; ADJ2417513; ADJ4532837; ADJ4488737; and ADJ10324224
iii.)John Phillips v. City of San Bernardino, Workers’ Compensation Case No.

ADJ4660620
iv.)Tiffany Ann Harrison v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2325880
v.) Angelica Ortega v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2308185
vi.)Damion “David” Wood v. City of San Bernardino, et al., United States District Court Case No. 5:23-cv-00925-JAK-AS
vii.) Mark Detinne, a minor by and through his Guardian ad Litem Todd Allen Detinne v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2016739
viii.) Brian Pellis, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2226731
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item
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1. Proclamation Honoring Disabled American Veterans Chapter 12 for 100 Years of Service in the City of San Bernardino – January 2025 (All Wards) Packet Page 000020

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: January 15, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation Honoring Disabled American Veterans Chapter 12 for 100 Years of Service in the City of San
Bernardino – January 2025 (All Wards)

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A PROCLAMATION OF

THE MAYOR AND CITY COUNCIL

HONORING THE
DISABLED AMERICAN VETERANS CHAPTER 12
FOR 100 YEARS OF SERVICE

IN THE CITY OF SAN BERNARDINO
WHEREAS, on January 12, 1925, Disabled American Veterans (DAV) Chapter 12 was established in the City of San Bernardino with the mission of empowering veterans to lead high-quality lives with respect and dignity; and
WHEREAS, DAV Chapter 12 has dedicated the past 100 years to serving the veterans and families of the City of San Bernardino through unwavering commitment, advocacy, and community support; and
WHEREAS, DAV Chapter 12 has organized and led numerous community initiatives, including the annual Thanksgiving Turkey Giveaway, which has helped over 350 families each year, ensuring that those in need can celebrate the holiday with a warm meal; and WHEREAS, the Chapter’s annual Christmas Toy Distribution has brought joy to over 250 families during the holiday season, reinforcing the spirit of giving and unity within the San Bernardino community; and
WHEREAS, in partnership with Home Depot, DAV Chapter 12 has distributed Christmas trees to over 200 veteran families, spreading holiday cheer and honoring the service of our local heroes; and WHEREAS, the efforts of DAV Chapter 12 have left an indelible mark on the City of San Bernardino, embodying the highest values of compassion, service, and dedication to both veterans and the broader community.

NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Council of San Bernardino do hereby recognizes, and honors Disabled American Veterans Chapter 12 for its 100 years of outstanding service, leadership, and commitment to our community. We extend our deepest gratitude for the countless lives touched and the enduring impact DAV Chapter 12 has made throughout the past century.

Presented on the 15th Day of January 2025
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: January 15, 2025
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development and Housing Department: Community Development & Housing
Subject: Resolution Approving the Issuance of Revenue
Obligations by the California Enterprise Development
Authority through Benevolence Industries Inc., a Federally qualified Health Center Agency within San Bernardino City Limits
Recommendation:

Executive Summary
Benevolence Industries Incorporated (“Borrower”) has requested the Authority facilitate the issuance of revenue obligations (“Obligations”) in an aggregate principal amount not to exceed thirty-seven million dollars ($37,000,000), the proceeds of which are to be loaned to the Borrower for the purpose of (a) financing and/or refinancing the cost of acquisition, construction, renovation, equipping, and furnishing of certain healthcare and ancillary facilities located at various locations; (b) fund a debt service reserve fund, working capital, and capitalized interest with respect to the Obligations; and (c) pay certain costs of issuance and other related costs in connection with the issuance of the Obligations.

Obligations in an aggregate principal amount not to exceed nine million five hundred thousand dollars ($9,500,000) will specifically be used to finance and/or refinance the cost of acquisition, construction, renovation, equipping, and furnishing of certain healthcare and ancillary facilities located at 505-515 North Arrowhead Avenue, San Packet Page 000024
Bernardino, California 92401 (consisting of approximately 58,160 square feet) (“San Bernardino Facility”).

Background
Federal tax law requires the proposed financing be approved by a governmental entity having jurisdiction over the area in which the facility to be financed is located. This requirement is satisfied if the governmental entity: (a) holds a duly noticed public hearing; and (b) at the conclusion of the public hearing, adopts a resolution approving the financing to be undertaken.

The “Authority” is a joint exercise of powers authority (“JPA”) established by the California Association for Local Economic Development whose purpose is to issue taxexempt and taxable conduit revenue bonds to fund commercial and industrial development projects within member jurisdictions (including to finance and refinance facilities owned and/or leased by organizations described in Section 501(c)(3) of the Code).

The Borrower is a Federally qualified health center offering patient clinical care, patient safety, and education. Since 2005, the Borrower has provided health care and educational programs to the under-served and uninsured in Southern California. The Borrower’s goal is to be a beacon of hope for minorities and economically disadvantaged communities providing community access to medical, dental, and mental health clinics (including adult day health care centers, case management, youth programs, and human immunodeficiency virus/acquired immunodeficiency syndrome prevention and treatment). The Borrower is an organization described in Section 501(c)(3) of the Code and operates the San Bernardino Facility in connection with its mission of providing quality health care and excellent educational programs to the under-served and uninsured in Southern California.

The City has jurisdiction of the Borrower’s San Bernardino Facility.

Discussion
The purpose of the TEFRA hearing is to receive public comment and request approval of the financing as required by the Code. The City Clerk has properly noticed this public hearing and legal counsel has assisted in the preparation of the attached Resolution for approval.

Before the Bonds can be issued as tax-exempt obligations, the City must conduct a public hearing and approve the issuance of the Obligations.

Approval by the Mayor and City Council is to support financing for the San Bernardino Facility.

Financing Plan
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The Authority will act as issuer and perform all of the necessary legal and administrative responsibilities associated with the refinancing evidenced by the Obligations. The Obligations are special limited obligations of the Authority payable solely through the repayment of the loans from the Authority to the Borrower, which repayment by the Borrower is used to pay the principal of and interest on the Obligations. The Obligations issued by the Authority are not an obligation of the City or any member of the Authority. Neither the faith and credit nor the taxing power of the City or State of California (or any other political corporation, subdivision, or agency of the State) is pledged to the payment of the principal of, premium (if any), or interest on the Obligations; nor shall the City or State (or any other political corporation, subdivision, or agency of the State) be liable or obligated to pay the principal of, premium (if any), or interest on the Obligations.
2021-2025 Strategic Targets and Goals
Adopting the Resolution for approval of the issuance by the Authority of tax-exempt revenue bonds, to support the acquisition, construction, renovation, equipping and furnishing of the San Bernardino Facility to be used as a health clinic aligns with Mayor and City Council, Key Target No.: 4 Improved Quality of Life by providing quality healthcare to the community.

Fiscal Impact
There is no fiscal impact to the City for conducting the TEFRA public hearing and adopting a Resolution for the issuance of the tax-exempt Bonds by the authority.

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt a Resolution approving the issuance of revenue obligations by the Authority following a public hearing in accordance with the requirements of TEFRA and the Code.

Attachments
Attachment 1 - Authorizing Resolution No. 2025-001 - Benevolence Health Centers BHC 2024 TEFRA Resolution (San Bernardino) Attachment 2 – Proof of Public Notice
Ward:

Ward 1
Synopsis of Previous Council Actions:

There are no previous City Council TEFRA actions pertaining to this property.

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Resolution No. 2025-001
Resolution No. 2025-001
January 15, 2025

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RESOLUTION NO. 2025-001

A RESOLUTION OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE ISSUANCE OF REVENUE

OBLIGATIONS BY THE CALIFORNIA ENTERPRISE

DEVELOPMENT AUTHORITY FOR THE PURPOSE OF

FINANCING AND REFINANCING THE COST OF THE

ACQUISITION, CONSTRUCTION, RENOVATION,

EQUIPPING, AND FURNISHING OF CERTAIN

HEALTHCARE FACILITIES FOR THE BENEFIT OF

BENEVOLENCE INDUSTRIES INCORPORATED
WHEREAS, Benevolence Industries Incorporated (“Borrower”) has requested the California Enterprise Development Authority (“Authority”) facilitate the issuance of revenue obligations (“Obligations”) in an aggregate principal amount not to exceed thirty-seven million dollars ($37,000,000), the proceeds of which are to be loaned to the Borrower for the purpose of (a) financing and/or refinancing the cost of acquisition, construction, renovation, equipping, and furnishing of certain healthcare and ancillary facilities at various locations; (b) fund a debt service reserve fund, working capital, and capitalized interest with respect to the Obligations; and (c) pay certain costs of issuance and other related costs in connection with the issuance of the Obligations; and
WHEREAS, Obligations in an aggregate principal amount not to exceed nine million five hundred thousand dollars ($9,500,000) will specifically be used to finance and/or refinance the cost of acquisition, construction, renovation, equipping, and furnishing of certain healthcare and ancillary facilities located at 505-515 North Arrowhead Avenue, San Bernardino, California 92401 (consisting of approximately 58,160 square feet) (“San Bernardino Facility”); and WHEREAS, the Borrower (a California non-profit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 as amended (“Code”)) owns and operates the San Bernardino Facility in connection with its mission of providing quality health care and excellent educational programs to the under-served and uninsured in Southern California; and
WHEREAS, the issuance of the Obligations by the Authority must be approved by a governmental unit having jurisdiction over the territorial limits in which the San Bernardino Facility is located pursuant to the public approval requirement of Section 147(f) of the Code; and WHEREAS, the City of San Bernardino (“City”) has jurisdiction of the Borrower’s San Bernardino Facility; and
WHEREAS, the San Bernardino Facility is located within the territorial limits of the City, and the City Council is an elected legislative body of the City; and Packet Page 000027
Resolution No. 2025-001
Resolution No. 2025-001
January 15, 2025

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WHEREAS, the Authority and the Borrower have requested the City Council approve the issuance of the Obligations and the financing of the San Bernardino Facility with the proceeds of the Obligations for purposes of complying with Section 147(f) of the Code and the Joint Exercise of Powers Act (comprising Articles 1, 2, 3, and 4 of Chapter 5 of Division 7 of Title 1 commencing with Section 6500 of the Government Code of the State of California (“JPA”)); and WHEREAS, a public hearing was held by the City Council on January 15, 2025, at the Feldheym Central Library following a duly published notice thereof in a newspaper of general circulation in San Bernardino County, and all persons desiring to be heard have been heard; and WHEREAS, it is intended this Resolution shall comply with the public approval requirements of Section 147(f) of the Code; provided, however, this Resolution is neither intended to nor shall it constitute an approval by the City Council of the San Bernardino Facility for any other purpose (including but not limited to compliance with the California Environmental Quality Act codified within the California Public Resources Code, Section 21100, et seq.).

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

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

SECTION 2. Approval. The City Council hereby approves the issuance of the Obligations by the Authority (from time to time pursuant to a plan of finance), which Obligations may be taxexempt and/or taxable as approved by the Authority, of which an amount not to exceed nine million five hundred thousand dollars ($9,500,000) shall be applicable to the San Bernardino Facility. This Resolution shall constitute approval of the issuance of the Obligations pertaining solely to the San Bernardino Facility and the financing only of the San Bernardino Facility within the meaning of Section 147(f) of the Code and for purposes of the JPA.

SECTION 3. Authority Responsibility. The issuance of the Obligations shall be subject to the approval by the Authority of all documents relating thereto to which the Authority is a party.

The City shall have no responsibility or liability whatsoever with respect to the Obligations.

SECTION 4. City Officer Responsibility. The City’s officers are hereby authorized and directed (jointly and severally) to do any and all things; and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to, and comply with the terms and intent of this Resolution and the transaction approved.

SECTION 5. Adoption. The adoption of this Resolution shall not obligate the City or any department thereof to (a) provide any financing with respect to the San Bernardino Facility; (b) approve any application or request for or take any other action in connection with any planning approval, permit, or other action necessary with respect to the San Bernardino Facility; (c) make any contribution or advance any funds whatsoever to the Authority or the Borrower; or (d) take any further action with respect to the Authority or its membership therein.

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Resolution No. 2025-001
Resolution No. 2025-001
January 15, 2025

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SECTION 6. City Clerk Responsibility. The City Clerk is hereby directed to forward a certified copy of this Resolution to Bond Counsel for the Obligations, addressed as follows:

Jessica I. Shaham, Esq.

Kutak Rock LLP
777 South Figueroa Street, Suite 4550
Los Angeles, California 90017
SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications; and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 15th day of January 2025.

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. 2025-001
Resolution No. 2025-001
January 15, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-001, adopted at a regular meeting held on the 15th day of January 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of January 2025. ______________________________
Genoveva Rocha, CMC, City Clerk
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3. Resolution Approving Street Vacation (15.30-442) of a Portion of Iola Place East of North “D” Street and North of West Baseline Street, and the Reservation of Utilities Therein (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-002 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Iola Place east of North “D” Street, and north of West Baseline Street, and the reservation of utilities therein.

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: January 15, 2025
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department: Economic Development
Subject: Resolution Approving Street Vacation (15.30-442) of a Portion of Iola Place East of North “D” Street and North of West Baseline Street, and the Reservation of Utilities
Therein (Ward 2)
Recommendation:

Executive Summary
The recommended action is the final step required to complete the street vacation process for a portion of Iola Place. The proposed street vacation (15.30-442) will terminate this portion of public right of way and transfer ownership to the underlying property owner. The applicant intends to maintain this former right-of-way area as a part of the overall site plan.

Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective Packet Page 000033
public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.

A petition to vacate a portion of Iola Place was received on March 22, 2024, from GGF III, LLC, owner of a property located on the eastern side of the intersection of North “D” Street (APNs: 0145-244-22, 0145-244-21). The stated reason for the petition to vacate this portion of the street is to allow for future commercial development, enabling the applicant to enhance property management and security measures to deter the expansion of homeless encampments, thereby creating a safer and more welcoming environment for the surrounding community, including patrons, residents, and nearby schools.

On September 18, 2024, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate the street. On September 25, 2024, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the City of San Bernardino Municipal Water Department, informing them of the proposed street vacation. Staff has not received requests to reserve the existing utility easements.

On November 12, 2024, the Planning Commission adopted Resolution No. 2024-040- PC, finding the proposed street vacation of a portion of Iola Place east of North ”D” Street, and north of West Baseline Street, consistent with the City‘s General Plan.

On November 20, 2024, the Mayor and City Council authorized staff to proceed with the public hearing and set the date and time for January 15, 2025, at 5:00PM and it will be held in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 West 6th Street, San Bernardino, California.

On December 2, 2024, notices were sent out to area stakeholders and residents within 1,000 feet of the property informing them of the proposed street vacation.

Discussion
Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15.30-442, with reservation of utility easements therein, adopting a Categorical Exemption for Street Vacation No. 15.30-442 and make a final order of vacation for the street as described in Real Property Street Vacation No. 15.30-442 (Exhibit A&B).

The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation No. 15.30-442 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied.

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2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.

Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $2,040 in fees to cover the costs associated with the vacation proceedings.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-002 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Iola Place east of North “D” Street, and north of West Baseline Street, and the reservation of utilities therein.

Attachments
Attachment 1 - Resolution No. 2025-002
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Attachment 5 - PowerPoint Presentation
Ward:

Second Ward
Synopsis of Previous Council Actions:

September 18, 2024 The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of Iola Place east of North “D” Street, and north of West Baseline Street, and the reservation of utilities therein.

November 20, 2024 The Mayor and City Council adopted Resolution No. 2024-222 declaring its intent to conduct a public hearing to order the vacation of a portion of Iola Place east of N “D” Street, and north of West Baseline Street, and the reservation of utilities therein, and set the date and time of the public hearing for January 15, 2025 at 5:00PM.

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Resolution No. 2025-002
Resolution No. 2025-002
January 15, 2025

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RESOLUTION NO. 2025-002

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE VACATION OF A PORTION OF IOLA
PLACE EAST OF NORTH “D” STREET, AND NORTH OF

WEST BASELINE STREET AND THE RESERVATION OF
UTILITIES THEREIN.

WHEREAS, the Economic Development Department previously received a petition to vacate a portion of portion of Iola Place east of North “D” Street, and north of West Baseline Street; and
WHEREAS, on September 18, 2024, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the street; and WHEREAS, on September 25, 2024, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, informing them of the proposed street vacation and
WHEREAS, on November 12, 2024, the Planning Commission adopted Resolution No. 2024-040-PC finding the proposed street vacation of a portion of Iola Place east of North “D” Street, and north of West Baseline Street consistent with the City’s General Plan and finding that the project is Categorically Exempt under California Environmental Act; and WHEREAS, on November 20, 2024, the Mayor and City Council adopted Resolution No. 2024-222 declaring its intention to conduct a public hearing on January 15, 2025, to order the street vacation; and
WHEREAS, on December 2, 2024, notices were sent out to residents within 1000 feet informing them of the proposed street vacation; and
WHEREAS, on January 15, 2025, a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California, and offered evidence in relation to the vacation of a portion of Iola Place east of North “D” Street, and north of West Baseline Street and the reservation of utilities therein.

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

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

SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating a portion of Iola Place east of North “D” Street, and north of West Baseline Street elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Packet Page 000036
Resolution No. 2025-002
Resolution No. 2025-002
January 15, 2025

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Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California.

SECTION 3. The Mayor and City Council of said City do hereby vacate that of a portion of Iola Place east of North “D” Street and north of West Baseline Street as described on each of the attached legal descriptions as Exhibit “A”, and on each of the maps attached as Exhibit “B”.

SECTION 4. Approval of this Resolution shall not affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or public entity that existed prior to these vacation proceedings. Reservations of easements are made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and Highways Code of the State of California, with reservations of the easement as requested from Public Utility Company or other public entity.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of January 2025.

Helen Tran, Mayor
City of San Bernardino
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January 15, 2025

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Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2025-002
Resolution No. 2025-002
January 15, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-002, adopted at a regular meeting held on the 15th day of January 2025 by the following vote:

Genoveva Rocha, CMC, City Clerk
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Project Area
Street Vacation 15.30-442
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4. Public Hearing on Annexation No. 47 (Drive-through Restaurant located south of Hospitality Ln and west of Tippecanoe Ave) to Community Facilities District 2019- 1 (Maintenance Services) (Ward 3)
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. 2025-003 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 47); and

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

4. Adopt Resolution No. 2025-004 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. 47); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1646 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, and streets, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1646 for February 5, 2025.

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: January 15, 2025
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. 47 (Drive-through Restaurant located south of Hospitality Ln and west of
Tippecanoe Ave) to Community Facilities District 2019-1 (Maintenance Services) (Ward 3)
Recommendation:

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

1. Hold a Public Hearing; and

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

6. Schedule the adoption of Ordinance No. MC-1646 for February 5, 2025.

Executive Summary
The recommended actions are the second step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate it’s impacts for maintenance service of public facilities as a result of the new development. The City Council approved the Resolution of Intention on November 6, 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 November 6, 2024, the Mayor and City Council adopted Resolution No. 2024-216, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for December 18, 2024, and was continued by the Mayor and City Council until January 15, 2025, at the request of staff, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on November 19, 2024, at 2:09 p.m. in Book 92 Page 15, Document No. 2024-0277417 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.

The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 2.71 gross acres of zoned commercial property within the City, requesting that the City assist them in annexing their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will consist of a drive-thru restaurant. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

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

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

3. Maintenance of streets, including street sweeping, pavement management and sidewalks; and
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4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.

The proposed area to be annexed into the CFD will be included in Tax Zone 47 and is located southeast of E Hospitality Ln, north of Harriman Pl., and west of S Tippecanoe Ave, as shown in Attachment #13.

The maximum annual special tax for this development has been calculated to be $5,635 per acre 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, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. • Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted November 6, 2024.
• Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for February 5, 2025.

Discussion
The Resolution of Intention called for a public hearing to be held on December 18, 2024, on the issue of the annexation of territory into CFD No. 2019-1. Under the MelloRoos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. The Mayor and City Council continued the public hearing until January 15, 2025, at the request of staff. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests Packet Page 000051
against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.

Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is 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. 2025-____ it may immediately proceed to the opening of the ballots and adopt Resolution No. 2025-____ 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
The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $15,310 from Special Tax A to be used to pay for maintenance costs within the development. All costs associated with annexation into the CFD have been borne by the Developer.

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

1. Hold a Public Hearing; and

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

4. Adopt Resolution No. 2025-004 of the Mayor and City Council of the City of San Packet Page 000052
Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 47); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1646 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, streets, street sweeping, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1646 for January 15, 2025.

Attachments
Attachment 1 - Resolution No. 2025-003 - 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. 2025-004 - Resolution Declaring Election Results
Attachment 7 - Exhibit A Certificate of Election Results Attachment 8 - Ordinance No. MC-1646
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 – Exhibit E – Signed Petition and Waiver
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Attachment 14 – Proof of Publication Notice of Public Hearing – CFD 2019-1 Annex 47
Ward:

Third Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No.

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

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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.

November 6, 2024 Mayor and City Council adopted Resolution No. 2024-216, 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”.

December 18, 2024 Mayor and City Council continued the Public Hearing regarding CFD 2019-1 Annexation No. 47 to January 15, 2025.

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Resolution No. 2025-003
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RESOLUTION NO. 2025-003

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CALLING AN ELECTION TO SUBMIT TO THE

QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
47)
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 November 6, 2024 duly adopted Resolution No. 2024- 216 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for December 18, 2024; and
WHEREAS, on December 18, 2024, the Mayor and City Council continued the public hearing until January 15, 2025; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 47 Community Facilities District No. 2019-1 (Maintenance Services)" a Packet Page 000055
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copy of which was recorded, on November 19, 2024, in Book 92 of Maps of Assessment and Community Facilities Districts at Page 15, in the office of the San Bernardino County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on January 15, 2025, 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 annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the January 15, 2025 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the City Clerk has concurred in the election date set forth herein.

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

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

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

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

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

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

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

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

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

SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on December 18, 2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on October 30, 2024 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have Packet Page 000057
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one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be included in the ballot pamphlet mailed to each qualified elector. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 5:00 p.m. on January 15, 2025. 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 January 15, 2025, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office.

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

SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of January 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-003, adopted at a regular meeting held on the 15th day of January 2025 by the following vote:

Genoveva Rocha, CMC, City Clerk
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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 47 is currently comprised two (2) parcels, located within the City boundaries. The properties are identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0281-361-22 CVP Hospitality CA, LLC
0281-361-23 CVP Hospitality CA, LLC
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EXHIBIT B
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)

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

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

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

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Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to 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.

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

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

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

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

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Packet Page 000065
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Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

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

TABLE 1

MAXIMUM SPECIAL TAX A RATES

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

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

MAXIMUM SPECIAL TAX A RATES

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

TABLE 3

MAXIMUM SPECIAL TAX A RATES

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

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

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

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

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

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Packet Page 000068
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Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

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

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

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

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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

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

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Page 000069
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Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

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

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

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

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

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

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

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

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APPENDIX A

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

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

TAX ZONE 47
PM 17772
Item Description Estimated Cost
1 Landscaping $2,078
2 Lighting $7,877
3 Streets $2,093
4 Reserves $1,807
5 Admin $1,455
Total $15,310
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 47
FY 2024-25 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $5,635 $0
TAX ZONE 47
FY 2024-25 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $5,635 $0
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TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC Packet Page 000073
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Community Facilities District No. 2019-1 (Maintenance Services) Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC 44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC 45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC 46 46 To be determined
47 47 PM 17772 2024-25 $5,635 / Acre $0/Acre CVP Hospitality CA LLC 48 48 1199-671-13 2024-25 $247/RU $0/RU Piedmont Venture I, LLC 49 49 0141-252-08 2024-25 $2,185 / Acre $0/Acre City of Riverside 50 50 CUP 23-06 2024-25 $25,481/Acre $0/Acre Gateway SB, LLC

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

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APPENDIX B

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

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

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

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APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Page 000076
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EXHIBIT C

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 47
(December 18, 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
CVP Hospitality CA, LLC 2.71 3
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

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

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than December 4, 2024, two calendar weeks prior to the date set for the election.

Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on December 18, 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 December 18, 2024.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page 000079
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

CVP Hospitality CA, LLC
Attn: John Bonsall
2188 SW Park Place, Suite 100
Portland, OR 97205
0281-361-23, 0281-361-22

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:

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

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $5,635
plus an annual increase on each July 1, commencing on 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. 47 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including landscaping, lighting, and streets, as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-216 adopted by the City Council of the City of San Bernardino on November 6, 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__.

John Bonsall
Manager
Signature
Print Name
Title
Packet Page 000080

EXHIBIT D

FULL TEXT OF PROPOSITION

SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF

LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 47)
December 18, 2024
SPECIAL TAX BALLOT MEASURE:

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

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $5,635
plus an annual increase on each July 1, commencing on 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. 47 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including landscaping, lighting, and streets as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-216 adopted by the City Council of the City of San Bernardino on November 6, 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 000081
Resolution No. 2025-004
Resolution No. 2025-004
January 15, 2025
1 of 3
RESOLUTION NO. 2025-004

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. 47)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a Resolution No. 2025-003 calling a special election for January 15, 2025 and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated January 15, 2025, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election.

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

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

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

SECTION 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said Packet Page 000082
Resolution No. 2025-004
Resolution No. 2025-004
January 15, 2025
2 of 3
Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-216 adopted by the Mayor and City Council on November 6, 2024. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 47 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on November 19, 2024, in Book 92 of Maps of Assessment and Community Facilities Districts at Page 15, in the office of the San Bernardino County Recorder.

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

SECTION 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 15th day of January 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page 000083
Resolution No. 2025-004
Resolution No. 2025-004
January 15, 2025
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. 2025-004, adopted at a regular meeting held on the 15th day of January 2025 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Page 000084

EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 47

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 October 30, 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
CVP Hospitality CA, LLC 3 3
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 ____________, 2025.

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

(Attach completed copies of Waiver/Consent and Ballot)
Packet Page 000085
Ordinance No. MC-1646
1 ORDINANCE NO. MC-1646

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, STREETS, 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 December 18, 2024, at the time and place specified in said published and mailed notice, the City Council opened 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. The Mayor and City Council continued the public hearing until January 15, 2025, at the request of staff; 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 000086
Ordinance No. MC-1646
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 _______, 2025.

Helen Tran, Mayor
City of San Bernardino
Packet Page 000087
Ordinance No. MC-1646
3 Attest:

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

Sonia Carvalho, City Attorney
Packet Page 000088
Ordinance No. MC-1646
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-1646, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 15th day of January, 2025. Ordinance No. MC-1646 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2025 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Page 000089

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.

Packet Page 000090

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2024-25
(Effective as of December 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 000091
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, - 15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33, -34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18, -19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40 37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28 40 Shandon Hills Plaza LLC 0266-521-20 and 0266-521-22
41 Inland Maple Partners LLC 0134-054-01, -35, -37, -39 43 Gateway SB LLC
0134-101-28, -02, -03,
-04, -05, -06
44 Paladin Equity SB LLC 0281-361-28
45 GWS #8 Development LLC
0280-171-01 thru -11, 0280-161-
03, 0280-161-05 thru -18, 0280-
161-30, 0280-151-27, -28
46 To Be Determined
47 CVP Hospitality CA, LLC 0281-361-23, 0281-361-22
Packet Page 000092

EXHIBIT E
Packet Page 000093
Packet Page 000094
Packet Page 000095
Packet Page 000096
Packet Page 000097
Packet Page 000098
Packet Page 000099
Packet Page 000100
Packet Page 000101
Public Hearing
CFD No. 2019-1 Annexation No. 47:

PM 17772 (CVP Hospitality CA, LLC)
Presented by: Spicer Consulting Group
Packet Page 000102
Public Hearing on CFD 2019-1 Annexation No. 47
Recommended Action:

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

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

3. Schedule the adoption of the Amended Ordinance for January 15, 2025.

Packet Page 000103
Public Hearing on CFD 2019-1 Annexation No. 47
Discussion:
• The Property Owner, CVP Hospitality CA LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
• The proposed project will include a drive-thru restaurant. The development was fully approved on August 9, 2022.
• The area proposed within Annexation No. 47 includes two (2) parcels, APNs 0281-361-23 and 0281 -361-22.
• On November 6, 2024, the City Council adopted Resolution No. 2024-216, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on December 18, 2024. The Mayor and City Council continued the Public Hearing to January 15, 2025. The property owner consented to waiving certain time restriction and conduct the election the same night. The proposed maximum annual tax of $5,635 per acre for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 47.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

Packet Page 000104
Public Hearing on CFD 2019-1 Annexation No. 47
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 street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping,
• 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 000105
Project Location
• The property is located southeast of E Hospitality Ln, north of Harriman Pl., and west of S Tippecanoe Ave
• Ward: Third Ward
Packet Page 000106
Public Hearing on CFD 2019-1 Annexation No. 47
Fiscal Impact:
• It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be
approximately $15,310. All costs associated with the
annexation are borne by the Developer. There is no
fiscal impact to the City’s General Fund.

Packet Page 000107
Questions?
Packet Page 000108

GOULD ST

TIPPECANOE AVE

HOSPITALITY
LN

HARRIMAN
PL

CARNEGIE
DR

COULSTON ST CONEJO DR
^_

MILL ST

SPRUCE ST
2ND ST

SIERRA WAY

ORANGE SHOW RD
4TH ST

CENTRAL AVE

NORMAN RD

PENNSYLVANIA AVE

WATERMAN AVE ACADEMY ST
MT.VIEW AVE

COLTON AVE

REDLANDS BLVD

MILL ST
§¨¦10
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 47

PROJECT MAP
Packet Page 000109
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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 California )
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 3875519
Perla Lopez

CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING
Notice of PH Annex 47
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:
12/02/2024
12/02/2024

SAN BERNARDINO
!A000006974651! Email

NOTICE OF PUBLIC HEARING

ON INTENTION TO ANNEX

TERRITORY TO AN EXISTING

COMMUNITY FACILITIES
DISTRICT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO. 47)
NOTICE IS HEREBY GIVEN that
the City Council of the City of San
Bernardino on November 6, 2024
adopted its Resolution No. 2024-216,
in which it declared its intention to
annex territory to existing
Community Facilities District No.
2019-1 (Maintenance Services) (the
"CFD No. 2019-1"), and to levy a
special tax to pay for certain
maintenance services, all pursuant
to the provisions of the Mello-Roos
Community Facilities Act of 1982,
Chapter 2.5, Part 1, Division 2, Title
5 of the California Government
Code. The resolution describes the
territory to be annexed and
describes the rate and method of
apportionment of the proposed
special tax. No change in the tax
levied in the existing CFD No. 2019-1
is proposed.

NOTICE IS HEREBY FURTHER
GIVEN that the City Council has
fixed 5:00 p.m., or as soon thereafter
as practicable, Wednesday,
December 18, 2024 at the Bing Wong
Auditorium of the Norman F.

Feldheym Public Library at 555 W.
6th Street, San Bernardino,
California, as the time and place
when and where the City Council will
conduct a public hearing on the
annexation of territory to CFD No.
2019-1. At the hearing, the testimony
of all interest persons for or against
the annexation of the territory or the
levying of the special taxes will be
heard. If and to the extent
participation in the December 18,
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: November 27, 2024
Genoveva Rocha
City Clerk of the City of San
Bernardino
12/2/24
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SBS-3875519#
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5. Public Hearing on Annexation No. 48 (Piedmont Mobile Home Estates located north of Highland Ave and east of N. Piedmont Ave) to Community Facilities District 2019-1 (Maintenance Services) (Ward 4)
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. 2025-005 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 48); and

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

4. Adopt Resolution No. 2025-006 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. 48); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1647 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 lighting, street maintenance, park maintenance, graffiti abatement, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1647 for February 5, 2025.

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: January 15, 2025
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. 48 (Piedmont Mobile Home Estates located north of Highland Ave and east of
N. Piedmont Ave) to Community Facilities District 2019-1 (Maintenance Services) (Ward 4)
Recommendation:

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

1. Hold a Public Hearing; and

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

6. Schedule the adoption of Ordinance No. MC-1647 for February 5, 2025.

Executive Summary
The recommended actions are the second step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate it’s impacts for maintenance service of public facilities as a result of the new development. The City Council approved the Resolution of Intention on November 6, 2024, setting the original time and place of the Public Hearing to December 18, 2024. On December 18, 2024, the Public Hearing was continued until January 15, 2025. Once approved, the special taxes will be levied annually to offset general fund expenditures related to the maintenance of public improvements within and for the benefit of the development.

Background
On November 6, 2024, the Mayor and City Council adopted Resolution No. 2024-215, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for December 18, 2024, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on November 19, 2024, at 2:10 p.m. in Book 92 Page 16, Document No. 2024-0277418 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.

The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 6.79 gross acres of zoned residential property within the City, requesting that the City assist them in annexing their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will consist of a forty-nine (49) unit senior citizen mobile home park. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services.

The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Public lighting and appurtenant facilities, including streetlights within public rightsof-way and traffic signals; and

2. Maintenance of streets, including street sweeping, pavement management and sidewalks; and

3. Maintenance of Parks; and
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4. Graffiti abatement; and

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

The proposed area to be annexed into the CFD will be included in Tax Zone 48 and is located at the east side of N. Piedmont Avenue, as shows in Attachment #13.

The maximum annual special tax for this development has been calculated to be $247 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 Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election.

With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for February 5, 2025.

Discussion
The Resolution of Intention called for a public hearing to be held on December 18, 2024, on the issue of the annexation of territory into CFD No. 2019-1. Under the MelloRoos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. The Mayor and City Council continued the public hearing until January 15, 2025. If the owners of one half or more of the land Packet Page 000116
within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.

Fiscal Impact
The individual property owners in the CFD will be responsible for the annual payments of the special taxes. All costs associated with the annexation into CFD 2019-1 have been borne by the Developer.

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

1. Hold a Public Hearing; and

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

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1647 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 lighting, streets, parks, graffiti abatement, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1647 for February 5, 2025.

Attachments
Attachment 1 - Resolution No. 2025-005- 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. 2025-006- Declaring Election Results Attachment 7 - Exhibit A Certificate of Election Results Attachment 8 - Ordinance No. MC-1647
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 – Exhibit E – Signed Petition and Waiver
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Attachment 14 – Proof of Publication Notice of Public Hearing – CFD 2019-1 Annex 48 Ward:

Fourth Ward
Synopsis of Previous Council Actions:

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 Packet Page 000118
expenses with respect to Community Facilities District No. 2019-1.

November 6, 2024 Mayor and City Council adopted Resolution No. 2024-215, 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”.

December 18, 2024 Mayor and City Council continued the Public Hearing regarding CFD 2019-1 Annexation No. 48 to January 15, 2025.

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Resolution No. 2025-005
Resolution No. 2025-005
January 15, 2025

Page 1 of 6 ends

RESOLUTION NO. 2025-005

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CALLING AN ELECTION TO SUBMIT TO THE

QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
48)
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 November 6, 2024 duly adopted Resolution No. 2024- 215 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for December 18, 2024; and
WHEREAS, on December 18, 2024, the Mayor and City Council continued the public hearing until January 15, 2025; and
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Resolution No. 2025-005
Resolution No. 2025-005
January 15, 2025

Page 2 of 6 ends

WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 48 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on November 19, 2024, in Book 92 of Maps of Assessment and Community Facilities Districts at Page 16, in the office of the San Bernardino County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on January 15, 2025, 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 annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the January 15, 2025 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the City Clerk has concurred in the election date set forth herein.

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

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

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Resolution No. 2025-005
Resolution No. 2025-005
January 15, 2025

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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 the proposed annexation of territory to the CFD No. 2019-1 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.

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the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be included in the ballot pamphlet mailed to each qualified elector. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 5:00 p.m. on January 15, 2025. 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 January 15, 2025 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.

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Resolution No. 2025-005
Resolution No. 2025-005
January 15, 2025

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SECTION 13. 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 15th day of January 2025.

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. 2025-005
Resolution No. 2025-005
January 15, 2025

Page 6 of 6 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-005, adopted at a regular meeting held on the 15th day of January 2025 by the following vote:

Genoveva Rocha, CMC, City Clerk
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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 48 is currently comprised one (1) parcel, located within the City boundaries. The properties are identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Owner Name
1199-671-13 Piedmont Venture I, LLC
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EXHIBIT B
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)

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

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City of San Bernardino 2
Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to 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.

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City of San Bernardino 3
Community Facilities District No. 2019-1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

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City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Packet Page 000130
City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

TABLE 1

MAXIMUM SPECIAL TAX A RATES

Packet Page 000131
City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

TABLE 3

MAXIMUM SPECIAL TAX A RATES

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)
Packet Page 000132
City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

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

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Packet Page 000133
City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

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

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Page 000134
City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

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.

Packet Page 000135
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)

Packet Page 000136
City of San Bernardino 11
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX A

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

TAX ZONE 48
1199-671-13
Item Description Estimated Cost
1 Lighting $144
2 Streets $2,558
3 Parks $6,397
4 Graffiti $323
5 Reserves $1,413
6 Admin $1,250
Total $12,086
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 48
FY 2024-25 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Single Family Residential RU $247 $0
Multi-Family Residential RU $247 $0
Non-Residential Property Acre $1,777 $0
TAX ZONE 48
FY 2024-25 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $1,777 $0
Packet Page 000137
City of San Bernardino 12
Community Facilities District No. 2019-1 (Maintenance Services)

TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC Packet Page 000138
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services) Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC 44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC 45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC 46 46 To be determined
47 47 PM 17772 2024-25 $5,635 / Acre $0/Acre CVP Hospitality CA LLC 48 48 1199-671-13 2024-25 $247/RU $0/RU Piedmont Venture I, LLC 49 49 0141-252-08 2024-25 $2,185 / Acre $0/Acre City of Riverside 50 50 CUP 23-06 2024-25 $25,481/Acre $0/Acre Gateway SB, LLC

Packet Page 000139
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX B

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

Packet Page 000140
City of San Bernardino 15
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Page 000141
Packet Page 000142
Packet Page 000143

EXHIBIT C

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 48
(December 18, 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
Piedmont Venture I, LLC 6.79 7
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.

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than December 4, 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.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on December 18, 2024.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page 000144
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

Piedmont Venture I, LLC
Attn: Ali Sahabi
2014 Ashington Dr.,
Glendale, CA 91206
1199-671-13

CITY OF SAN BERNARDINO

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

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Single Family Residential RU $247
plus an annual increase on each July 1, commencing on 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. 48 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting, streets, parks, and graffiti abatement as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-215 adopted by the City Council of the City of San Bernardino on November 6, 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 _________

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__.

Ali Sahabi
Manager
Signature
Print Name
Title
Packet Page 000145

EXHIBIT D

FULL TEXT OF PROPOSITION

SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF

LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 48)
December 18, 2024
SPECIAL TAX BALLOT MEASURE:

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

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Single Family Residential RU $247
plus an annual increase on each July 1, commencing on 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. 48 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting, streets, parks, and graffiti abatement as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-216 adopted by the City Council of the City of San Bernardino on November 6, 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 000146
Resolution No. 2025-006
Resolution No. 2025-006
January15, 2025

Page 1 of 3 ends

RESOLUTION NO. 2025-006

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. 48)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a Resolution No. 2025-005 calling a special election for January 15, 2025, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated January 15, 2025, 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.

Page 2 of 3 ends

Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-215 adopted by the Mayor and City Council on November 6, 2024. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 48 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on November 19, 2024, in Book 92 of Maps of Assessment and Community Facilities Districts at Page 16, in the office of the San Bernardino County Recorder.

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 15th day of January 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page 000148
Resolution No. 2025-006
Resolution No. 2025-006
January15, 2025

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-006, adopted at a regular meeting held on the 15th day of January 2025 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Page 000149

EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 48

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

Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

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
Piedmont Venture I, LLC 7 7
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 ____________, 2025.

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

(Attach completed copies of Waiver/Consent and Ballot)
Packet Page 000150
Ordinance No. MC-1647
1 ORDINANCE NO. MC-1647

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 LIGHTING,

STREETS, PARKS, GRAFFITI ABATEMENT, 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 December 18, 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. The Mayor and City Council continued the public hearing until January 15, 2025, at the request of staff; 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 000151
Ordinance No. MC-1647
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 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 _______, 2025.

Helen Tran, Mayor
City of San Bernardino
Packet Page 000152
Ordinance No. MC-1647
3 Attest:

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

Sonia Carvalho, City Attorney
Packet Page 000153
Ordinance No. MC-1647
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-1647, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 15th day of January 2025. Ordinance No. MC-1647 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2025 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Page 000154

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.

Packet Page 000155

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2024-25
(Effective as of December 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 000156
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, - 15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33, -34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18, -19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40 37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28 40 Shandon Hills Plaza LLC 0266-521-20 and 0266-521-22
41 Inland Maple Partners LLC 0134-054-01, -35, -37, -39 43 Gateway SB LLC
0134-101-28, -02, -03,
-04, -05, -06
44 Paladin Equity SB LLC 0281-361-28
45 GWS #8 Development LLC
0280-171-01 thru -11, 0280-161-
03, 0280-161-05 thru -18, 0280-
161-30, 0280-151-27, -28
46 To Be Determined
47 CVP Hospitality CA, LLC 0281-361-22, 0281-361-23
48 Piedmont Venture I, LLC 1199-671-13
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EXHIBIT E
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Packet Page 000159
Public Hearing
CFD No. 2019-1 Annexation No. 48:

Piedmont Park Estates (Piedmont Venture I, LLC)
Presented by: Spicer Consulting Group
Packet Page 000160
Public Hearing on CFD 2019-1 Annexation No. 48
Recommended Action

3. Schedule the adoption of the Amended Ordinance for January 15, 2025.

Packet Page 000161
Public Hearing on CFD 2019-1 Annexation No. 48
Discussion
• The Property Owner, Piedmont Venture I, LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
• The proposed project will include forty-nine (49) mobile home units for senior citizens (55+).

The development was fully approved on November 12, 2019. • The area proposed within Annexation No. 48 includes one (1) parcel, APNs 1199-671-13. • On November 6, 2024, the City Council adopted Resolution No. 2024-215, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on December 18, 2024. The Mayor and City Council continued the Public Hearing to January 15, 2025, at the request of staff. The property owner consented to waiving certain time restriction and conduct the election the same night. The proposed maximum annual tax of $247 per unit for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 48. • The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

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Public Hearing on CFD 2019-1 Annexation No. 48
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 street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping,
• Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

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Project Location
• The property is located at the east side of Piedmont Ave. • Ward: Fourth Ward
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Public Hearing on CFD 2019-1 Annexation No. 48
Fiscal Impact:
• It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be
approximately $12,086. All costs associated with the
annexation are borne by the Developer. There is no
fiscal impact to the City’s General Fund.

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Questions?
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ORCHID DR

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·|þ}330
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CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 48

PROJECT MAP
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Type Description Amount

Page 1 of 1 ends

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CITY OF SAN BERNARDINO/CITY CLERK - LEAD

EXECUTIVE ASSISTANT ACCOUNTS PAY

CITY OF SAN BERNARDINO/CITY CLERK - LEAD
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89900 SAN BERNARDINO COUNTY SUN

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CALIFORNIA NEWSPAPER SERVICE BUREAU
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12/2/2024 B3875515 1124119954
SAN BERNARDINO, CA 92401 USA
201 N. E ST. BUILDING A

CITY OF SAN BERNARDINO/CITY CLERK - LEAD

EXECUTIVE ASSISTANT ACCOUNTS PAY
Please make check payable to: Daily Journal Corporation !A000006974648!
invoice with your payment. For account support,
or call: 2132295584.
please email: [email protected]
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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 California )
County of Orange ) ss
Notice Type:

Ad Description:

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 3875515
Perla Lopez

CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING
Notice of PH Annex 48
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:
12/02/2024
12/02/2024

SAN BERNARDINO
!A000006974649! Email

NOTICE OF PUBLIC HEARING

ON INTENTION TO ANNEX

TERRITORY TO AN EXISTING

COMMUNITY FACILITIES
DISTRICT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO. 48)
NOTICE IS HEREBY GIVEN that
the City Council of the City of San
Bernardino on November 6, 2024
adopted its Resolution No. 2024-215,
in which it declared its intention to
annex territory to existing
Community Facilities District No.
2019-1 (Maintenance Services) (the
"CFD No. 2019-1"), and to levy a
special tax to pay for certain
maintenance services, all pursuant
to the provisions of the Mello-Roos
Community Facilities Act of 1982,
Chapter 2.5, Part 1, Division 2, Title
5 of the California Government
Code. The resolution describes the
territory to be annexed and
describes the rate and method of
apportionment of the proposed
special tax. No change in the tax
levied in the existing CFD No. 2019-1
is proposed.

NOTICE IS HEREBY FURTHER
GIVEN that the City Council has
fixed 5:00 p.m., or as soon thereafter
as practicable, Wednesday,
December 18, 2024 at the Bing Wong
Auditorium of the Norman F.

DATED: November 27, 2024
Genoveva Rocha
City Clerk of the City of San
Bernardino
12/2/24
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SBS-3875515#
Packet Page 000170

6. Accept $1,000 Grant Funding from Best Friends Animal Society (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-007:

1. Authorizing the Department of Animal Services to accept grant funding in the amount of $1,000 from Best Friends Animal Society for animal sheltering programs; and

Packet Page 000171

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 15, 2025
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Kris Watson, Director of Animal Services
Department: Animal Services
Subject: Accept $1,000 Grant Funding from Best Friends Animal Society (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-007:

1. Authorizing the Department of Animal Services to accept grant funding in the amount of $1,000 from Best Friends Animal Society for animal sheltering programs; and

Executive Summary
In July of 2024, Best Friends Animal Society asked animal welfare organizations who wanted to start or expand their return to home program for dogs and cats to register for the challenge which took place from September 1st through September 30th. Return to Home programs considered were those that actively reunited the animal with their owner in the field or before adoption, transfer or other outcomes. On October 25th, 2024, the Department of Animal Services was notified that they were successful in the challenge and were awarded $1,000 in grant funding. This grant funding will help cover the cost of supplies for crucial animal shelter programs and services.

Background
The Return to Home Challenge is all about reuniting pets with their families. The Department of Animal Services focused on several initiatives during the challenge to help get more pets home. The Department placed extra emphasis on returning animals to owners while still in the field. Department staff as well as contract city officers were Packet Page 000172
trained in properly scanning for microchips in the field before impounding animals. Staff were educated on the importance of scanning for microchips when animals arrive at the shelter. The Department encourages the community to post lost and found animals on local social media pages, to foster the animal at home while they look for an owner and create lost reports with the Department. The Department partnered with Petco Love Lost and Pawboost to automatically upload all lost and found animals from the shelter to their websites, increasing the visibility of lost pets in our jurisdictions. The Department also offers payment plans for individuals who may have a financial barrier to paying all fees at once to redeem their impounded pet from the shelter. For owners who can show proof of low income, fees can also be waived to make redemption of their animal affordable. Free microchips are given at many offsite events to increase awareness of the importance on microchipping pets and the link to getting those pets returned home quickly.

Discussion
During the month of September, 86 impounded dogs were returned to their owners.

This is a 4.94% increase in the number of dogs returned to their owners from September 2023. This challenge was important to highlight the need for owners in the community to microchip and place tags on their pets. According to data from Best Friends Animal Society, there has been a 26% national decline since 2019 in dogs being reclaimed by their owners after entering animal shelters. As shelters across the country continue to grapple with an increase in dogs entering their facilities, reuniting lost pets with their families is more urgent than ever. The Department of Animal Services believes that pets belong at home with their families rather than waiting in the shelter. The Department will continue to engage community members to support our shelter by helping more lost pets return home by ensuring their pets are microchipped and always wear collars and identification tags with up-to-date contact information.

These proactive steps can greatly enhance the likelihood of a quick reunion if a pet goes missing and ends up at an animal shelter. The unrestricted grant of $1,000 will be used to help with shelter supplies such as microchips, leashes, food bowls, crates, kennels and other items as needed. As a Best Friends Network Partner, the Department is eligible for future grant opportunities which support increased lifesaving of pets in the community.

The performance period for this grant is from October 12, 2024 through October 12, 2025. One of the conditions of the grant is that the Department is required to submit monthly data on shelter intakes and outcomes to the Shelter Pet Data Alliance Organization (www.shelterpetdata.org). The Department has submitted all monthly intake and outcome data on dogs and cats to this organization from January 2019 through November 2024. Although this platform does not allow public access to the shelter statistics, the Department submits the same data to another nonprofit organization, Shelter Animals Count (www.shelteranimalscount.org). The Department has included the link to Shelter Animals Count on our website under the statistics tab on our page.
2021-2025 Strategic Targets and Goals
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The acceptance of this grant is consistent with Key Target No. 1: Improved Operational & Financial Capacity, through the opportunity for increased grant funding which will allow the Department to maintain animal shelter programs and services. The acceptance of this grant also aligns with Key Target No. 3: Improved Quality of Life through community involvement by allowing community members to receive free microchips for pets. These programs give the Department an opportunity to educate and engage the community, building trust and increase awareness.

Fiscal Impact
There is no fiscal impact to the General Fund for this grant. The budget for Fiscal Year 2024/2025 will be amended by $1,000 in both revenues and expenditures.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-007:

1. Authorizing the Department of Animal Services to accept grant funding in the amount of $1,000 from Best Friends Animal Society for animal sheltering programs; and

Attachments
Attachment 1 Resolution No. 2025-007 Best Friends Animal Society Attachment 2 Best Friends Animal Society Return to Home Challenge Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

On September 18th, 2024, the Mayor and City Council adopted Resolution No. 2024- 202, authorizing the Department of Animal Services to accept grant funding in the amount of 25,000 from Best Friends Animal Society.

On November 17th, 2021, the Mayor and City Council adopted Resolution No. 2021- 270, authorizing the Director of Finance to amend the FY 2021/22 budget to transfer $1,500 from the Animal Services Best Friends Revenue Fund to the Animal Services Best Friends Expense account for the purchase of volunteer tracking software for the Department.

On May 19th, 2021, the Mayor and City Council adopted Resolution No. 2021-102, accepting a grant award in the amount of $45,000 from Best Friends Animal Society for Animal Shelter Programs and Services.

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Resolution No. 2025-007
Resolution 2025-007
January 15, 2025

Page 1 of 3 ends

RESOLUTION NO. 2025-007

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DEPARTMENT OF ANIMAL

SERVICES TO ACCEPT GRANT FUNDING IN THE
AMOUNT OF $1,000 FROM BEST FRIENDS ANIMAL
SOCIETY FOR ANIMAL SHELTERING PROGRAMS; AND

AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2024/25
BUDGET TO APPROPRIATE $1,000 OF THE GRANT

FUNDING IN BOTH REVENUES AND EXPENDITURES
FOR ANIMAL SHELTER PROGRAMS AND SERVICES.

WHEREAS, the City of San Bernardino Department of Animal Services has been approved for grant funding by Best Friends Animal Society; and WHEREAS, the City is working to increase the number of animals returned to their owners; and
WHEREAS, the City is working to expand community engagement through education on microchipping pets and
WHEREAS, the grant funding would support the City in its efforts.

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

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

SECTION 2. The Mayor and City Council hereby authorizes the Department of Animal Services to accept grant funding in the amount of $1,000 from Best Friends Animal Society for animal sheltering programs.

SECTION 3. The Mayor and City Council hereby authorizes the Director of Finance and Management Services to amend the FY 2024/25 budget to appropriate $1,000 of the grant funding in both revenues and expenditures for animal shelter programs and services.

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

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Resolution No. 2025-007
Resolution 2025-007
January 15, 2025

Page 2 of 3 ends

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 15th day of January 2025.

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. 2025-007
Resolution 2025-007
January 15, 2025

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-007, adopted at a regular meeting held on the 15th day of January 2025 by the following vote:

Genoveva Rocha, CMC, City Clerk
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Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 1 City of San Bernardino, Department of Animal Services
2024 Return to Home Challenge
San Bernardino City Animal Control
Kristine Watson
333 Chandler Place
San Bernardino, CA 92401
[email protected]
O: 909-384-1304
Kristine Watson
333 Chandler Place
San Bernardino, CA 92401
[email protected]
O: 909-384-1304 x1515
Packet Page 000178
Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 2 Application Form
Challenge Requirements + Agreement
Reminder of Challenge requirements:
• Be a Best Friends Network Partner
• Have a Shelter Pet Data Alliance account with current data through 2023 and the last completed month of 2024
• Share community education resources in English and Spanish (other languages acceptable based on the shelter's community) on the topics of lost/found pets and mircochipping a minimum of 4 times in September on all social media and website
• Distribute all provided PetHub tags
• Demonstrate a year over year increase in pets reclaims via return to home or return to home in field practices in September
• Pilot at least 2 new operational practices from September 1-September 30 (see options below) Every organization that meets the requirements above will receive a $1,000 grant! Five organizations will receive $10,000.
• 2 for the organizations with the greatest year over year reclaim increase • 1 for greatest number of reclaims for organizations who did not practice return to home operations in 2023
• 2 for the most creative solutions for Return to Home
Grant notifications will be sent in mid-October.

Which return to home practices will your organization pilot from September 1- September 30?*
You must pilot at least TWO of these practices for the full month of September to be eligible for any grant. You must select practices your organization does not currently do.

We are available to help if you have any questions about these options. Please complete this support form and someone will be in touch.

Add Petco Love Lost reclaim feature to website
Host low-cost or free microchipping event or offer free microchipping for the duration of Sept. 2024 Is your organization a municipal entity in South Carolina or Texas?* Private organizations with government contracts in South Carolina or Texas should select "No." All organizations outside of Texas and South Carolina, including municipal entities in other states, should select Packet Page 000179
Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 3 "No."
No
Best Friends Animals Society (“BFAS”) is a 501(c)(3) nonprofit corporation based in Kanab, Utah, whose mission is No More Homeless Pets®. BFAS feels privileged to help save lives by working with organizations and agencies by providing funding for specific projects and/or needs.

Recipient (defined below) is a 501(c)(3) nonprofit animal welfare charity or a municipal shelter which has submitted a grant request to BFAS requesting to be awarded a grant pursuant to the scope of the program below.

This grant agreement (“Agreement”) will govern the terms of the grant (the “Grant”). The parties hereby agree to the following terms and conditions as of the date on which it is fully executed by both parties (the “Effective Date”). Each party shall be referred to herein individually as a “Party,” and collectively as the “Parties.”
Project Description, Grant Amount and Term
Section 1. Project Description, Grant Amount and Term
Full Legal Name of Organization*
City of San Bernardino, Department of Animal Services
EIN*
956000772
Grant Amount: $1,000
The Term of this Agreement, unless terminated pursuant to the language below will be from October 12, 2024 to October 12, 2025. In the event that (a) Recipient fails to fulfill or report on the conditions set forth in Exhibit A, or (b) BFAS determines that Recipient has not met the conditions set Packet Page 000180
Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 4 forth in Exhibit A, then (y) no Grant will be provided and (z) upon either Party’s written notification to the other (email is sufficient), this Agreement will immediately terminate.

The Grant will be provided in one-time payment by November 8, 2024 or if notification is provided to Recipient of a delay, within a commercially reasonable time after November 8, 2024 with BFAS’ obligation to disburse funds conditional upon (a) Recipient’s execution of this Agreement via electronic platform by August 9, 2024, (b) BFAS receipt of Recipient’s IRS Form W9 by August 9, 2024 (c) Recipient has fulfilled the conditions set forth in Exhibit A and has reported on its activities, and (d) BFAS good faith confirmation that Recipient fulfilled the conditions set forth in Exhibit A.

Use of Grant Funds
Section 2. Commitment from Recipient to BFAS
A. Submit monthly data reporting through the Shelter Pet Data Alliance platform through the Term of this Agreement.

Section 3. Grant Branding Terms and Promotion
Recipient shall coordinate with BFAS regarding the promotion of the Grant. The Recipient agrees that BFAS may issue reports or statements to its members, the media and the public about the Grant and identify Recipient by name. This includes, but is not limited to websites, newsletters, press releases, magazine articles, blogs, and podcasts. The Recipient shall reasonably cooperate with BFAS network staff, volunteer team leaders, and news or magazine writers in the production of such news content. Neither Party may use the other Party’s logos, trademarks, or other intellectual property without express written permission of the other Party.

Section 4. Grant Recipient Representations and Warranties Recipient represents and warrants as follows:

A. Recipient is a qualified 501(c)(3) entity or government organization and is and will continue to be a BFAS Network Partner during the Term of this Agreement.

B. Recipient represents that Recipient will have within the times set forth in Exhibit A (i) fulfilled each of the requirements for the Return to Home Challenge as set forth in Exhibit A attached hereto and (ii) will have accurately reported on activities pursuant to the reporting form referenced in Exhibit A to BFAS.

C. Recipient acknowledges that its animal welfare activities may be governed by a variety of federal, state, and local laws. Recipient hereby warrants that it shall use its best efforts to comply with all applicable laws and shall not knowingly violate same.

D. There are no claims, investigations, or proceedings in progress, pending or threatened against Recipient which, if determined adversely, would have a material effect on Recipient’s ability to fulfill its obligations pursuant to this Agreement and there are no claims, investigations or proceedings in progress, pending or threatened against Recipient which involve animal neglect or abuse
Packet Page 000181
Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 5 E. The individual signing this Agreement on behalf of Recipient is legally competent to enter into this Agreement duly authorized to do so by the Recipient.

Section 5. Grant Restrictions
Recipient specifically agrees that no portion of the Grant funds will be used for any of the following: (i) to lobby or otherwise attempt to influence legislation; (ii) to influence outcome of any specific public election or participate or intervene in any political campaign on behalf of any candidate for public office or conduct, directly or indirectly; (iii) to support or oppose any elected official or candidate for public office or on any particular issue.

Section 6. Termination
Recipient may terminate this Agreement upon providing ten (10) business days written notice to BFAS in the event of the following events of default:
(i) By its actions or statements, BFAS materially harms Recipient as determined by Recipient in its reasonable judgment;
(ii) BFAS files for bankruptcy, sells, assigns, or transfers the majority of its assets to another entity, or ceases to operate as a nonprofit corporation.

BFAS may terminate this Agreement upon providing ten (10) business days written notice to the Recipient in the event of the following events of default:
(i) By its actions or statements, Recipient materially harms BFAS as determined by BFAS in its reasonable judgment:
(ii) Recipient files for bankruptcy, sells, assigns, or transfers the majority of its assets to another entity, or ceases to operate as a nonprofit corporation (if a nonprofit corporation); or (iii) Recipient fails to perform its commitments as set out in this Agreement.

Section 7. Non-Disparagement
During the Term of this Agreement and for one year after this Agreement’s termination, Recipient agrees to take reasonable commercial measures to ensure that its representatives and Recipient’s official media outlets do not make statements, including but not limited to social media posts, regarding the activities covered by this Agreement that are intended to or likely to bring BFAS into disrepute.

Section 8. Release
To the full extent permitted by applicable law, Recipient, its directors, officers, employees, representatives, agents, successors and assigns, agrees never to bring a claim or suit against BFAS relating to the Grant and its receipt of grant funds. Recipient agrees BFAS and its directors, officers, employees, representatives, agents, successors, and assigns (the “Releasees” are not responsible for any of the decisions, plans, guidelines, work, or activities related to or arising from its programs. Recipient releases the Releasees from all liability arising from any work or activities related to this Grant.

Packet Page 000182
Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 6 Recipient understands this Agreement discharges the Releasees from any liability to Recipient with respect to bodily injury, personal injury, illness, death, property damage or other loss of any kind or nature whatsoever, direct or indirect, known or unknown, that may result as a result of Recipient’s work, participation and activities related to this Grant. To the full extent permitted by applicable law, Recipient releases the Releasees for BFAS’ own negligence or liability that may result in bodily injury, personal injury, illness, death, property damage or other loss of any kind or nature whatsoever, direct or indirect, known or unknown, that may result as a result of Recipient’s work, participation and activities related to this Grant.

Section 9.  Indemnity Agreement
To the full extent permitted by law, the Recipient and its directors, officers, agents, employees, representatives, successors and assigns, agree to indemnify and hold Releasees harmless for all bodily injury, personal injury, illness, death, property damage or other losses of any kind or nature whatsoever, direct or indirect, known or unknown, including attorney’s fees and costs of litigation that result to anyone else or any other entity because of Recipient’s actions or omissions related to the Recipient’s programs or any breach by Recipient of this Agreement.  This includes lone acts or omissions by the Recipient as well as the combined acts of the Recipient with others.

Section 10. Survival of Terms
The releases and indemnification obligations are perpetual. The Non-Disparagement clause survives for one year following this Agreement’s termination.

Section 11. No Third-Party Beneficiaries
Nothing in this Agreement shall be construed to give any person or entity other than the Parties to this Agreement any legal or equitable claim, right or remedy; rather, this Agreement is intended to be for the sole and exclusive benefit of the Parties hereto.

Section 12. Potential Additional Grant Funds and Publicity Materials Recipient understands that Recipient may be awarded an additional $10,000 in funds in the event that it is chosen as a “10,000 grant recipient” as part of the Return to Home Challenge. Any such selection or disbursement of additional funds is at the sole discretion of BFAS. The Parties agree that all the terms of this Agreement apply to such disbursement of funds. In addition, if Recipient is selected as a $10,000 grant recipient, Recipient agrees to provide to Best Friends, via email to the contact address provided by Best Friends, with a minimum of one (1) unique still photo and/or video clip of no less than 30 seconds in length, in a format suitable for posting on social media platforms or websites (with the specific digital format mutually agreed upon by the parties) relating to events or activities associated with the Program by October 31, 2024 (the “Publicity Materials”). Recipient grants Best Friends the nonexclusive, perpetual, royalty-free right, license and permission to use the Publicity Materials in any manner Best Friends deems appropriate and warrants to Best Friends that it has received any permissions needed to grant such right and will, to the full extent permitted by law, indemnify, defend and hold harmless Best Friends from any claim that Best Friends use of such Publicity Materials pursuant to this Agreement infringes any third-party rights.

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Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 7 Section 13. Other Terms
The provisions in this Agreement bind the successors and assigns of Recipient. Each term of this Agreement is material. Recipient agrees that in the event that any clause or provision of this agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement. This is the entire agreement between the Parties and supersedes any other verbal or written statements, representations, or promises.

This Agreement shall not be construed to constitute any form of partnership, agency, or joint venture between BFAS and Recipient. Neither Party is responsible in any way for the debts of the other or any other party, or any breach of any law, rule, regulation, complaint, grievance, custom, or guideline of the other. Neither Party has authority to bind the other to any contractual or other agreements and in no event shall either Party represent or hold itself out as acting on behalf of the other Party hereto.

By signing below, Recipient and BFAS acknowledge and agree to the terms of this Agreement. If signing electronically, the Parties acknowledge that they have read this Agreement and indicate their intent to electronically sign and be bound by the terms and conditions therein. They agree that their electronic signatures are intended to authenticate this writing and to have the same force and effect as a manual signature for purposes of validity, enforceability, and admissibility.

Acceptance of Terms and Conditions*
This grant is conditional upon Recipient's acceptance of the terms and conditions set forth herein. By selecting the "I Accept Grant Terms and Conditions" below, Recipient agrees to accept and comply with the stated terms and conditions of this grant.

I Accept Grant Terms and Conditions

AUTHORIZED SIGNATURE
By typing in my Name, Title, and Date in the spaces below, and clicking submit, I confirm that I am an authorized representative of Network partner and intend to affix my electronic signature to FY 2024 Return to Home Challenge Grant Agreement, with the intent to be bound thereby.

The authorized representative agrees that the representative's electronic signature is intended to authenticate this writing and to have the same force and effect as a manual signature for the purposes of validity, enforceability, and admissibility.

Full Name*
Kristine Watson
Title*
Director of Animal Services
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Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 8 Date*
07/30/2024
BFAS Name
Kayla Riding
BFAS Title
Specialist, Network Partner & SPDA Support
BFAS Date Signed
10/31/2024
Appendix A: Return to Home Challenge Participation
Requirements

1. Recipient completed and submitted to BFAS the required registration form by August 9, 2024 at 11:59pm MST.

2. Recipient completed and submitted to BFAS the required challenge report form by October 12, 2024 at 11:59 pm MST.

3. Recipient has anShelter Pet Data Alliance account and is current on data submission and sharing for all of 2023 and through the month of September 2024.

4. Recipient shared community education resources provided or approved by BFAS in English and Spanish (or another language acceptable based on the shelter’s community) on the topics of lost and found pets and microchipping a minimum of 4 times on all organizational social media channels and websites during September 2024.

5. Recipient distributed all provided PetHub tags during September 2024.

6. Recipient piloted two “Return to Home” practices, that Recipient was not already doing prior to September 1, 2024, for the duration of September 2024 (details and options below) as reported on the challenge report.

7. Recipient demonstrated a year-over-year increase in total animals reclaimed between September 1 and September 30 as reported on the challenge report.
"Return to Home” practices options:

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Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 9 • Add Petco Love Lost reclaim feature to Recipient’s website • Provide at least 50% of its animal control officers that engage with public microchip scanners • Waive or reduce reclaim fees by at least 50%
• Rehoming: Allow the public to view and place an adoption hold on an animal before the animal’s stray hold period expires
• Host low-cost or free microchipping event during September 2024 or offer free microchipping for the duration of September 2024
• Publish on Recipient's website a quality photo (as defined by provided materials) for all lost pets within 24 hours of intake
• Conduct in-field investigation for home: Require animal control officers to follow lost pets to see if they can identify their home and talk to at least one community member if unable to identify by following pet.

Leave an informational flyer at the suspected home with reclaim instructions. • Hang flyers for impounded animals: Require animal control officers to hang 2 provide flyers with the animal’s information at the nearest intersection to where the pet was found. • Utilize Nextdoor: Begin posting all stray/lost pets on Nextdoor with a photo and found location.

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Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 10 File Attachment Summary
Applicant File Uploads
No files were uploaded

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7. Adoption of Ordinance MC-1645 - Development Code Amendment 24-04 (ADU 2024 Legislative Update)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California accept for final reading and adopt Ordinance No. MC-1645, approving Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 15, 2025
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development and Housing Department: Community Development and Housing
Subject: Adoption of Ordinance MC-1645 - Development Code Amendment 24-04 (ADU 2024 Legislative Update)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1645, approving Development Code Amendment 24- 04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).

Executive Summary
This agenda item is the second and final reading of Development Code Amendment 24-

04. It is recommended that the Mayor and City Council accept the final reading and adopt Ordinance No. MC-1645.

Background
On December 18, 2024, the Mayor and City Council conducted a public hearing on approving Development Code Amendment 24-02.

Development Code Amendment 24-04 amends Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law (Attachment 1 and Attachment 2).

Discussion
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Ordinance No. MC-1645, approving Development Code Amendment 24-04 for the update to the development standards for Accessory Dwelling Units was reviewed by the City Council at their December 18, 2024, meeting. The Ordinance is now ready for its final reading and adoption.
2021-2025 Strategic Targets and Goals
Development Code Amendment 23-03 aligns with Key Target Goal No. 3: Improved Quality of Life and 4(b): Economic Growth and Development – Update the General Plan and Development Code. Specifically, the amendment will update the Development Code for compliance with state law. The amendment to the Development Code will ensure consistency with state law.

Fiscal Impact
There is no fiscal impact to the City’s General Fund as a result of this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California accept for final reading and adopt Ordinance No. MC-1645, approving Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).

Attachments
Attachment 1 Ordinance No. MC-1645 (Approving Development Code Amendment 24-04)
Attachment 2 Ordinance No. MC-1645 (Approving Development Code Amendment 24-04) – Exhibit A
Ward:

All Wards
Synopsis of Previous Council Actions:

On December 18, 2024, the Mayor and City Council took the following actions:
1) Adopted Urgency Ordinance No. MC-1644U approving Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section

19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and
2) Introduced Ordinance No. MC-1645 approving Development Code Amendment 24- Packet Page 000190
04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law.

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ORDINANCE NO. MC-1645
ORDINANCE NO. MC-1645

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 24-04
AMENDING CHAPTER 19.04 (RESIDENTIAL ZONES);
SECTION 19.04.030(2)(P) (ACCESSORY DWELLING

UNITS) OF THE CITY OF SAN BERNARDINO
DEVELOPMENT CODE (SBMC TITLE 19) IN ORDER TO

UPDATE THE DEVELOPMENT STANDARDS FOR

ACCESSORY DWELLING UNITS IN COMPLIANCE WITH
RECENT CHANGES IN STATE LAW; AND FINDING THAT
DEVELOPMENT CODE AMENDMENT 24-04 IS

STATUTORILY EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Bernardino, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the state law authorizes cities to act to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and WHEREAS, Development Code Amendment 24-04 is a City-initiated amendment to Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and
WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 24-04 in compliance with Packet Page 000192
ORDINANCE NO. MC-1645
the California Government Code, consistent with the City of San Bernardino General Plan, and incompliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development and Housing Department evaluated Development Code Amendment 24-04 and determined that it is exempt from CEQA under California Public Resources Code Section 21080.17; and WHEREAS, on November 12, 2024, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing and adopted Resolution No. 2024- 047 recommending the adoption of the Development Code Amendment 24-04 to the Mayor and City Council; and
WHEREAS, notice of the December 18, 2024 public hearing for the Mayor and City Council's consideration of Development Code Amendment 24-04 was published in The Sun newspaper on December 7, 2024, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 24-04.

NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.

SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, Development Code Amendment 24-04 and this Ordinance No. MC-1645 is exempt from the requirements of the California Environmental Quality Act (“CEQA”) under California Public Resources Code Section 21080.17, as the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by Section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA.

SECTION 3. Finding of Facts – Development Code Amendment 24-04 Finding No. 1: The proposed amendment is consistent with the General Plan.

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ORDINANCE NO. MC-1645
Finding of Fact: Development Code Amendment 24-04 is consistent with the General Plan, as follows:

Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods. Land Use
Element Policy 2.1.1: Actively enforce development
standards, design guidelines, and policies to preserve and enhance the character of San Bernardino’s neighborhoods.

The implementation of Development Code Amendment 24-04 is consistent with the City’s General Plan by allowing for the development of Accessory Dwelling Units within the single-family residential and multi-family residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at-large, while maintaining consistency with state law (AB 2533 and SB 1211).

Additionally, as regulated by Development Code Amendment 24-04, new Accessory Dwelling Units (ADUs) will serve the City’s housing needs in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: The adoption and implementation of Development Code Amendment 24- 04is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, convenience, and general welfare. In enacting the aforementioned legislation the State Legislature identified Accessory Dwelling Units (ADUs) as an important housing option for renters and homeowners, given the undersupply of housing that exists in the State. Development Code Amendment 24-04 will bring the City’s Development Code into compliance with the aforementioned statute.

SECTION 4. Adoption of Ordinance. Development Code Amendment 24-04 to amend Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards – Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) to update the development standards for Accessory Dwelling Units in compliance with state law is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 5. Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 24-04.

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ORDINANCE NO. MC-1645
SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2025.
__________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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ORDINANCE NO. MC-1645

CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO

CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1645, introduced on December 18, 2024, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025.
______________________________
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
Development Code Section 19.04.030(2)(P)
(Residential Zones Specific Standards - Accessory Dwelling Units)

19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) shall be amended and restated to read in its entirety as follows:

P. Accessory Dwelling Units

1. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

2. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
a. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
c. Considered in the application of any local ordinance, policy, or program to limit residential growth.
d. Required to correct a nonconforming zoning condition, as defined in subsection (3)(h) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

3. Definitions. As used in this section, terms are defined as follows:
a. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
i. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
ii. A manufactured home, as defined by section 18007 of the California Health and Safety Code.
b. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
c. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
d. “Efficiency kitchen” means a kitchen that includes each of the following:
i. A cooking facility with appliances.

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ii. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
e. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
i. It is no more than 500 square feet in size.
ii. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. iii. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
iv. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
f. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
g. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. h. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
i. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
j. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
k. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. l. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

4. Approvals. The following approvals apply to ADUs and JADUs under this section:
a. Statutory Criteria. If an ADU or JADU complies with each of the general requirements in subsection (5) below, it is allowed with only a building permit in the following scenarios:
i. Converted on Single-family Lot: One ADU as described in this subsection (4)(a)(i) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 Packet Page 000198
additional square feet if the expansion is limited to accommodating ingress and egress; and
b) Has exterior access that is independent of that for the single-family dwelling; and
c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d) The JADU complies with the requirements of Government Code Sections 66333 through 66339.
ii. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (4)(a)(i) above), if the detached ADU satisfies each of the following limitations:
a) The side- and rear-yard setbacks are at least four-feet. b) The total floor area is 800 square feet or smaller.
c) The peak height above grade does not exceed the applicable height limit in subsection (5)(b) below.
iii. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (4)(a)(iii), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
iv. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b) The peak height above grade does not exceed the applicable height limit provided in subsection (5)(c) below.
c) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. b. Additional Criteria.
i. An ADU that does not qualify under the criteria set forth in subsection (4)(a) above may be created with a building permit if it complies with the standards set forth in subsections (5) and (6) below.

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c. Process and Timing.
i. An ADU application is considered and approved ministerially, without discretionary review or a hearing.
ii. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City does not approve or deny the completed application within 60 days, the application is deemed approved unless either:
a) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. iii. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (4)(c)(ii) above.
iv. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

5. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (4)(a) or (4)(b) above:
a. Zoning.
i. An ADU or JADU subject to subsection (4)(a) above may be created on a lot in a residential or mixed-use zone.
ii. An ADU or JADU subject to subsection (4)(b) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
iii. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
b. Access. Each ADU and JADU must have direct exterior access that is separate from that of the primary dwelling.
c. Height.
i. Except as otherwise provided by subsections (5)(c)(ii) and (5)(c)(iii) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

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ii. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
iii. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. iv. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (5)(c)(iv) may not exceed two stories.
v. For purposes of this subsection (5)(c), height is measured above existing legal grade to the peak of the structure.
d. Fire Sprinklers.
i. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
ii. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
e. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created. f. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
g. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. h. Owner Occupancy. As required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (5)(h) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. i. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

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i. Except as otherwise provided in Government Code Section 66341, the ADU or JADU may not be sold separately from the primary dwelling. ii. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
iii. The deed restriction runs with the land and may be enforced against future property owners.
iv. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
v. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

6. Specific ADU Requirements. The following requirements apply only to ADUs that are approved under subsection (4)(b) above.
a. Maximum Size.
i. The maximum size of a detached or attached ADU subject to this subsection (6) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
ii. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. iii. Application of other development standards in this subsection (6), such as setbacks or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (6)(a)(ii) above or of a lot coverage limit or open-space requirement may require the ADU to be less than 800 square feet. b. Setbacks.
i. An ADU that is subject to this subsection (6) must conform to a 25-foot front-yard setback, subject to subsection (6)(a)(iii) above.
ii. An ADU that is subject to this subsection (6) must conform to 4-foot side- and rearyard setbacks.

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iii. No setback is required for an ADU that is subject to this subsection (6) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
c. Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (6)(a)(iii) above. d. Passageway. No passageway, as defined by subsection (3)(i) above, is required for an ADU.
e. No Replacement Parking. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. f. Architectural Requirements.
i. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. ii. The roof slope must match that of the dominant roof slope of the primary dwelling.

The dominant roof slope is the slope shared by the largest portion of the roof. iii. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
iv. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building façade, not facing a public-right-of-way.
g. Allowed Stories. No ADU subject to this subsection (f) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (5)(c)(iv) of this section.

7. Fees. The following requirements apply to all ADUs and JADUs that are approved under subsections (4)(a) or (4)(b) above.
a. Impact Fees.
i. No impact fee is required for an ADU or JADU that is less than 750 square feet in size. For purposes of this subsection (7)(a), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov.

Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
ii. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) b. Utility Fees.
i. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

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ii. Except as described in subsection (7)(b)(i), converted ADUs and JADUs on a single-family lot that are created under subsection (4)(a)(i) above are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required. iii. Except as described in subsection (7)(b)(i), all ADUs and JADUs that are not covered by subsection (7)(b)(ii) require a new, separate utility connection directly between the ADU or JADU and the utility.
a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. b) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

8. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
a. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
b. Unpermitted ADUs and JADUs constructed before 2020.
i. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
a) The ADU or JADU violates applicable building standards, or b) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 19.04.030(2)(P)).
ii. Exceptions:
a) Notwithstanding subsection (8)(b)(i) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
b) Subsection (8)(b)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

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8. Imposing Liens totaling $243,380.52 on Certain Real Property to Recover Costs for Code Enforcement Abatements (All Wards)
Recommendation:

Adopt Resolution No. 2025-008 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City San Bernardino for the costs of public nuisance abatements.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 15, 2025
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Gabriel Elliott, Director of Community Development and Housing Department: Community Development & Housing
Subject: Imposing Liens totaling $243,380.52 on Certain Real Property to Recover Costs for Code Enforcement
Abatements (All Wards)
Recommendation:

Executive Summary
Chapter 8 of the San Bernardino Municipal Code requires Council approval to lien unpaid costs associated with Code Enforcement abatement of hazardous conditions.

This allows the City to recover unpaid costs of abatement upon the respective parcels of land as they are shown upon the last available assessment roll. The unpaid bills represent a General Fund impact in the amount of $243,380.52.

The City initiated abatement and securing of properties, followed up with proper billing provided to the owners and interested parties for costs incurred by the City. The billing notices also included the right to appeal said costs. Approval of the Resolution to lien the unpaid costs associated with these abatements is intended to recover the City costs paid for the abatement of the properties.

Background
On October 5, 2015, the Mayor and City Council adopted Ordinance MC-1418, which repealed San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance MC-1521, which made further revisions to Chapter 8.30. These changes have streamlined the process of abating public nuisances on properties and imposing liens Packet Page 000206
to enable the City to recover costs for abating nuisances.

Discussion
San Bernardino Municipal Code Section 8.30.050 requires a Resolution be adopted in order to assess unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment roll.

The Abatement Assessments are for public nuisance abatements performed by the Code Enforcement Division which includes properties that were either secured and/or cleaned via administrative inspection abatement warrants or were deemed Unsafe for Occupancy by the Code Enforcement Division. Also, included in this section are emergency board-ups requested by the Police and Fire Departments. Emergency board-ups are requested after a break-in has occurred or after fire suppression activities, when no responsible parties could be reached. Additionally, there were four property demolitions performed with administrative demolition warrants and two emergency knockdowns of fire damaged structures that were deemed a collapse hazard by the Fire Department.

All affected property owners identified on the Abatement Assessments list have been notified through regular and certified mail of the respective abatement costs per SBMC

8.30.023. Further, affected property owners were also issued a Notice of Summary Abatement with the option to schedule a hearing per SBMC 8.30.045 and have also been advised of their right to appeal said costs within ten days, or to pay the costs within 45 days of notice per San Bernardino Municipal Code Section 8.30.030,

8.30.040 and 8.30.041. To date, hearings have not been requested and the costs are currently outstanding. As such, staff recommends adopting the Resolution to assess the unpaid costs of the nuisance abatements.

The total of outstanding fees for Abatement Assessment, to include warrant abatements, emergency abatements and demolitions, is $243,380.52. If property owners come forward to pay their costs prior to the council meeting, their properties will be removed from Attachment 2.
2021-2025 Strategic Targets and Goals
The request to impose liens to recover costs for Code Enforcement abatements aligns with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. Imposing liens to resolve public nuisances would ensure the City receives revenue back into the Community Development & Housing Department and that the City continues to strive towards being clean and attractive.

Fiscal Impact
The anticipated amount to be collected is $243,865.53. The amount will be collected incrementally as individual properties are sold and/or liens are paid through the escrow process or entered as an assessment on the County tax roll.

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Conclusion
Adopt Resolution No. 2025-008 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City San Bernardino for the costs of public nuisance abatements.

Attachments
Attachment 1 Resolution No. 2025-008, Imposing Liens to Recover Costs for Code Enforcement
Attachment 2 Resolution No. 2025-008, Exhibit A
Attachment 3 Ordinance No. MC-1521
Ward:

All Wards
Synopsis of Previous Council Actions:

October 5, 2015, Mayor and City Council adopted Ordinance MC-1418, repealing San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30 of San Bernardino Municipal Code regarding Public Nuisance Abatement.

April 18, 2018, Mayor and City Council adopted Resolution 2018-106, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance.

August 1, 2018, Mayor and City Council adopted Resolution No. 2018-222, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements.

September 18, 2019, Mayor and City Council adopted Ordinance MC-1521, Amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code, and adding Chapter 9.94 of the San Bernardino Municipal Code, related to various Code Enforcement Procedures, including the City’s administrative hearing procedures and appeals procedures.

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Resolution No. 2025- 008
Resolution No. 2025-008
January 15, 2025

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Mayor and City CouncilJanuary 15, 2025

Mayor and City Council
January 15, 2025