Agenda packet — Mayor and City Council, June 3, 2026 (part 6 of 9)

June 3, 2026
RESOLUTION NO. 2026-059

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

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

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 53), AUTHORIZING THE

LEVY OF A SPECIAL TAXES THEREIN, AND

AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2025/26

OPERATING BUDGET WITH AN APPROPRIATION OF
$15,000 IN BOTH REVENUES AND EXPENDITURES
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice and word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established.

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

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

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

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SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 53, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

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

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

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

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 5:00 p.m., or as soon thereafter as practicable, on Wednesday, July 15, 2026, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

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

1. The publication of said notice shall be completed at least seven days prior to the date herein Packet Page. 1214
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June 3, 2026
fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.

SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday July 15, 2026 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

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

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

SECTION 12. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $15,000 in both revenues and expenditures.

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 3rd day of June 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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June 3, 2026

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-059, adopted at a regular meeting held on the 3rd day of June 2026 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 3rd day of June 2026.

Telicia Lopez, 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. 53 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APNs).

APN Owner Name
0136-171-44 Occidental Property, LLC
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EXHIBIT B

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

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

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

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

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

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

A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the 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. 1222
City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

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

TABLE 1

MAXIMUM SPECIAL TAX A RATES

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

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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. 1225
City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

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

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

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

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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

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

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Page. 1226
City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

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

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

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

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

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

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

Packet Page. 1227
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services) I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

Packet Page. 1228
City of San Bernardino 11
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX A

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

COST ESTIMATE
Special Tax A Services- The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2026-27. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1.

TAX ZONE 53
APN 0136-171-44
Item Description Estimated Cost
1 Lighting $974
2 Streets $2,123
3 Drainage $369
4 Reserves $522
5 Admin $1,250
Total $5,238
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 53
FY 2026-27 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $1,455 $0
TAX ZONE 53
FY 2026-27 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $1,455 $0
Packet Page. 1229
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 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 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 / 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
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. 1230
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 $17,827 / $0 / Acre Gateway SB, LLC 51 51 PM 19349 2025-26 $646 / Acre $0 / Acre LPC Arrowhead Area I, LP 52 To Be Determined
53 53 0136-171-44 2026-27 $1,455 / Acre $0 / Acre Occidental Property, LLC 54 54 LLM-012 2026-27 $2,318 / Acre $0 / Acre 1435 East Highland, 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.

Packet Page. 1231
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX B

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

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

Packet Page. 1232

MILL ST
E ST
G
ST

INLAND CENTER DR
0136-171-44
ANNEXATION MAP NO. 53
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO _^
CFD 2019-1
TAX ZONE 53
§¨¦
66 ¤£
18}|·þ
259 }|·þ
215 §¨¦
210 }|·þ
10 §¨¦
66 ¤£
66 ¤£
LEGEND

ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARY
THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LANDINCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCELREFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2026-27.

XXXX-XXX-XX ASSESSOR PARCEL NUMBER 53 TAX ZONE -

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS _______ DAY OF _______, 20 ____,AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNTOF $_____________. JOSIE GONZALES ASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________ DEPUTY RECORDER 53 Packet Page. 1233
Packet Page. 1234

PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO

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

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

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

COMMUNITY FACILITIES DISTRICT

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

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

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

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

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

6. The undersigned hereby acknowledges and agrees that the measure submitted in connection with the special election referred to herein, as set forth in the ballot provided to the undersigned, asked voters whether or not the Community Facilities District should be authorized to levy a special tax in order to finance services (the Packet Page. 1235
"Services"), as specified in the Resolution No. 2019-081, adopted by the City Council of the City on June 5, 2019 (the “Resolution of Formation”). The Resolution of Formation described the Services to be financed by the Community Facilities District. The Rate and Method of Apportionment of the Special Tax for the Community Facilities District (the “Rate and Method”) is included in the ballot materials provided to the undersigned for the election (the “Ballot”). The Rate and Method contains detailed provisions specifying (i) the type of the Special Tax and the amount or rate of the Special Tax to be levied on each parcel of property in the Community Facilities District, (ii) the duration of the Special Tax (the fiscal year after which the Special Tax will no longer be levied), and (iii) the use of the revenue derived from the Special Tax to pay for the Services. The undersigned, having received and reviewed the Rate and Method and the Ballot will be, at the time it votes on the measure submitted to voters in the Ballot, in possession the type and amount or rate of the Special Tax, the duration of the Special Tax and the use of the revenue derived from the Special Tax, is fully informed with respect thereto and has a thorough understanding thereof.

7. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure.

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

Occidental Property LLC
By:

Name:

Title:

OWNER'S PROPERTY:

TRACT MAP OR PARCEL MAP NO.
or PROJECT NO.

OWNER'S MAILING ADDRESS:

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS DAY OF , 20 .

City Clerk of the City Council of the
City of San Bernardino
31 March B2501377 34 Carolina Ave San Anselmo, CA 94960 26 Wyatt Toolson Chief Financial Officer Packet Page. 1236

EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 53)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on June 3, 2026 adopted its Resolution No. 2026-___, 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, July 15, 2026 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 July 15, 2026 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 909-998-2680.

DATED: ____________, 2026 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2026
Packet Page. 1237

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 53
(July 15, 2026)
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
Occidental Property, LLC 3.61 4
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) 998-2680 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 July 1, 2026, 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 July 15, 2026, at the Clerk’s office at 201 N. “E” Street, Bldg 201 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 July 15, 2026.

Very truly yours,
Telicia Lopez, CMC, City Clerk
Packet Page. 1238
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

Occidental Property, LLC
Attn: Wyatt Toolson
34 Carolina Ave.

San Anselmo, CA 94960
0136-171-44

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 NR $1,455
plus an annual increase on each July 1, commencing on July 1, 2027 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. 53 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting, streets, and drainage as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2026-__ adopted by the City Council of the City of San Bernardino on June 3, 2026, 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__.

Wyatt Toolson
Chief Financial Officer
Signature
Print Name
Title
Packet Page. 1239

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S E ST W MILL STINLAND CENTER DR
S G ST OAK CT OAK ST SAZAN # 926-24007 PROJECT ISSUANCES SHEET REVISIONS PROJECT: TITLE: PROJECT NO: DATE: SCALE: SHEET SIZE: E (36"x48") DWG. NO: PROJECT ADDRESS: 1030 NW Bond St., Ste. 202 Bend, Oregon 97703 Tel 541.229.2400 Fax 503.416.2087 C:\Users\FeltiIan\DC\ACCDocs\Parametrix\9020 - West Mill EV Facility\Project Files\01 Design\02 Civil\DWG\SHEETS\BE9020002C-C000-CS00.dwg 8/1/2025 580 W.MILL EV CHARGING HUB 580 West Mill Street. San Bernardino, CA 92410 No. Description Date 297-9020-002 CD90 PACKAGE 10/22/24 BUILDING DEPT. SUBMITTAL 04/24/25 C000 COVER SHEET 580 W. MILL EV CHARGING HUB INSTALLATION OF ELECTRIC VEHICLE CHARGING HUB 580 WEST MILL STREET SAN BERNARDINO, CA 92410 DEFERRED SUBMITTALS PROJECT DESCRIPTION SITE INFORMATION PROJECT TEAM APPLICABLE CODES CONTRACTOR NOTE ALL WORK SHALL COMPLY WITH THE FOLLOWING APPLICABLE CODES: 2022 CALIFORNIA BUILDING CODE 2022 CALIFORNIA ELECTRICAL CODE 2022 CALIFORNIA MECHANICAL CODE 2022 CALIFORNIA PLUMBING CODE 2022 CALIFORNIA FIRE CODE 2022 CALIFORNIA ENERGY CODE 2022 CALIFORNIA RESIDENTIAL CODE CITY OF SAN BERNARDINO MUNICIPAL CODE IN THE EVENT OF CONFLICT, THE MOST RESTRICTIVE CODE SHALL PREVAIL - CONTRACTOR SHALL COMPLETE INSTALLATION PER THE SIGNED AND THE SEALED SET OF DRAWINGS. ANY NECESSARY DEVIATIONS FROM THE DRAWINGS MUST BE SUBMITTED THROUGH AN RFI REQUEST PROCESS WITH ENGINEERING FOR AN APPROVAL PRIOR TO CONTRACTOR PROCEEDING WITH A DEVIATION OF THE SIGNED AND SEALED SET OF DRAWINGS. - CONTRACTOR SHALL VERIFY ALL PLANS, EXISTING DIMENSIONS AND CONDITIONS ON THE JOB SITE THEN IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK. 0 VICINITY MAP SCALE IN FEET 100 200 - FIRE SPRINKLER SYSTEM DESIGN AND CONSTRUCTION DOCUMENTS WILL BE SUBMITTED AS A DEFERRED SUBMITTAL BY THE BUILDING INSTALLER AND A FIRE SPRINKLER SYSTEM ENGINEER. - FIRE ALARM SYSTEM DESIGN AND CONSTRUCTION DOCUMENTS WILL BE SUBMITTED AS A DEFERRED SUBMITTAL BY THE BUILDING INSTALLER AND A FIRE ALARM SYSTEM ENGINEER. - ENCROACHMENT PERMITS FOR ANY PROPOSED RIGHT-OF-WAY SCOPE OF WORK. - DEMOLITION OF EXISTING SURFACES FOR THE INSTALLATION OF EV CHARGERS - GRADING OF SURFACES ASSOCIATED WITH EVSE TO COMPLY WITH ADA REQUIREMENTS - NEW SURFACES, STRIPING AND SIGNAGE ASSOCIATED WITH NEW EVSE - PROVIDE (39) DUAL PORT DC FAST CHARGERS (SERVES (78) EV STALLS) - PROVIDE (1) DUAL PORT LEVEL 2 CHARGER (SERVES (2) NON-EV STALLS) - PROVIDE (4) SINGLE PORT DC FAST CHARGERS (SERVES (4) PULL-THRU STALLS) - PROVIDE (15) 600KW POWER UNITS (EACH WITH (3) 200 KW SECTIONS) - PROVIDE (3) EVSE 4,000A SWITCHBOARD ASSEMBLIES - PROVIDE (1) HOUSE SWITCHBOARD ASSEMBLY (MODULAR/LIGHTING/SECURITY - PROVIDE INFRASTRUCTURE FOR (4) UTILITY TRANSFORMERS (TO BE INSTALLED BY UTILITY) - PROVIDE INFRASTRUCTURE FOR (1) UTILITY PMI SWITCHES (TO BE INSTALLED BY UTILITY) - PROVIDE INFRASTRUCTURE FOR (1) UTILITY CAPACITOR (TO BE INSTALLED BY UTILITY) - PROVIDE (3) PREFABRICATED (8'X16') MODULAR BUILDINGS FOR RESTROOMS, GUARD SHACK/IT, AND STORAGE ROOM PROPERTY OWNER: OCCIDENTAL PROPERTY LLC APPLICANT: EV MILL TENANT LLC EQUIPMENT SUPPLIER: EVSE: KEMPOWER POWER COMPANY: SOUTHERN CALIFORNIA EDISON SITE SUMMARY: SITE AREA: +/-3.61-ACRES DISTURBED AREA: +/-3.11-ACRES LATITUDE (NAD83): 34° 05' 32" LONGITUDE (NAD83): 117° 17' 44" ASSESSOR PARCEL NUMBER (APN): 1036-171-44 COUNTY: SAN BERNARDINO COUNTY PERMITTING JURISDICTION: CITY OF SAN BERNARDINO ZONING CLASS: CCS-1 - CENTRAL CITY SOUTH-1 FLOOD HAZARD AREA: THE SITE IS LOCATED IN FLOOD ZONE "X"1 (AREAS OUTSIDE 0.2% ANNUAL CHANCE FLOOD) ZONE "X"2 (AREAS 0.2% ANNUAL CHANCE FLOOD). PARKING SPOT COUNT: NON-EV: 15 EV CAR: 72 EV TRUCK: 4 PROJECT BENCHMARK BENCHMARK: 60D NAIL WITH PINK CAP IN GROUND AS SHOWN IN TOPOGRAPHIC SURVEY ELEVATION: 1010.77 US SURVEY FEET (NAVD 88) DATUM: NAVD 88 OWNER: EV REALTY 34 CAROLINA AVENUE, SAN ANSELMO, CA 94960 CONTACT: SEAN KIERNAN EMAIL: [email protected] CIVIL / LANDSCAPE: PARAMETRIX 150 NW PACIFIC PARK LANE, SUITE 110, BEND, OR 97701 CONTACT: DYLAN KREIGER EMAIL: [email protected] ELECTRICAL: SAZAN GROUP 1030 NW BOND ST., SUITE 202, BEND, OR 97703 CONTACT: BRIAN DARRAH EMAIL: [email protected] STRUCTURAL: CUSHING TERRELL 13 N. 23RD STREET, BILLINGS, MT 59101 CONTACT: ROLF ARMSTRONG EMAIL: [email protected] ARCHITECTURAL: 541 ARCHITECTURE 2958 NW 19TH ST, REDMOND, OR 97756 CONTACT: JEFF WELLMAN EMAIL: [email protected] MECHANICAL / PLUMBING: BUILDING MECHANICAL SYSTEMS INC. 410 GODDARD IRVINE, CA 92618 CONTACT: IMAN TOHIDIAN EMAIL: [email protected] 0 PROJECT SITE SCALE IN FEET 30 60 APN: 013617143 OWNER: CITY OF BERNARDINO APN: 013617135 OWNER: NACO CORPORATION APN: 013617129 OWNER: HA, DANIEL & HA, CHRISTINE KIM NGUYEN LIVING TRUST APN: 013617141 OWNER: FISCHER EDDIE ET AL APN: 013617140 OWNER: CHEN XUE APN: 013616262 OWNER: JDM SAN BERNARDINO INVESTMENT PROP L APN: 013616261 OWNER: JDM SAN BERNARDINO INVESTMENT DPH HIGH DESERT LLC APN: 013616254 OWNER: HASKINS, SCOTT & HASKINS, KRYSTAL APN: 013616255 OWNER: ZAAFRANI, SHAI APN: 013616256 OWNER: SAMARZA, MICHAEL APN: 013616253 OWNER: LOPEZ, JAIRO ANGEL PONCE APN: 013616252 OWNER: NAVARRETTE, MARCOS T APN: 013616251 OWNER: HILBIG, REX A & G REV TR W MILL ST 01 PLANNING COMMENTS REVISIONS 06/19/25 BUILDING DEPT. RESUBMITTAL 06/19/25 04 Sheet List Table Sheet Number Sheet Title C000 COVER SHEET C001 GENERAL NOTES, LEGENDS & SYMBOLS C100 EXISTING CONDITIONS - OVERALL D110 DEMOLITION PLAN - OVERALL C120 EXISTING & PROPOSED FENCING PLAN D200 EROSION & SEDIMENT CONTROL PLAN - OVERALL C300 SITE PLAN - OVERALL C310 VEHICLE ANALYSIS PLAN C400 GRADING & DRAINAGE PLAN - OVERALL C500 UTILITY PLAN - OVERALL C601 DETAILS C602 DETAILS C603 DETAILS C611 DETAILS - CITY C621 DETAILS - CALTRANS C622 DETAILS - CALTRANS C623 DETAILS - CALTRANS C631 DETAILS - ADS C641 DETAILS - OTHERS L100 LANDSCAPE PLAN & SCHEDULE L101 LANDSCAPE NOTES & DETAILS L200 IRRIGATION PLAN L201 IRRIGATION NOTES, DETAILS, & SCHEDULE S0.1 GENERAL STRUCTURAL NOTES S1.1 SITE FOUNDATION PLAN S2.1 FOUNDATION DETAILS A201 RESTROOM BUILDING A202 GUARD/IT BUILDING A203 STORAGE BUILDING A301 ELEVATIONS E000 GENERAL NOTES, ABBREVIATIONS AND SHEET INDEX M1.00 MECHANICAL NOTES, SCHEDULES, LEGEND, AND FLOOR PLANS M2.00 MECHANICAL ENERGY FORMS GUARD OFFICE M3.00 MECHANICAL ENERGY FORMS STORAGE P1.00 PLUMBING SCHEDULES, LEGEND, NOTES, DETAILS, & FLOOR PLAN P2.00 PLUMBING SPECIFICATIONS P3.00 CUT SHEETS FOR REFERENCE 1 COVER SHEET 2 GENERAL NOTES, LEGENDS & SYMBOLS 3 ENGINEERING CONDITIONS 4 SITE PLAN 5 DETAILS C401 DETAILED PHASE GRADING ANALYSIS E001 ELECTRICAL LEGEND E300 ELECTRICAL SITE PLAN - OVERALL E301 ELECTRICAL ENLARGED PLAN E302 ELECTRICAL ENLARGED PLAN E303 ELECTRICAL LIGHTING SITE PLAN - OVERALL E304 ELECTRICAL LIGHTING PHOTOMETRICS E501 ELECTRICAL ONE-LINE DIAGRAM MSB1 E502 ELECTRICAL ONE-LINE DIAGRAM MSB2 E503 ELECTRICAL ONE-LINE DIAGRAM MSB3 E504 ELECTRICAL ONE-LINE DIAGRAM MSB4 E505 ELECTRICAL SCHEDULES E601 ELECTRICAL DETAILS E602 ELECTRICAL EQUIPMENT CUTSHEETS E603 ELECTRICAL EQUIPMENT CUTSHEETS E608 TITLE 24 COMPLIANCE - LTG E609 TITLE 24 COMPLIANCE - ELEC E610 ELECTRICAL SPECIFICATIONS E611 ELECTRICAL SPECIFICATIONS AIA-C1 CALIFORNIA GREEN BUILDING STANDARDS AIA-C2 CALIFORNIA GREEN BUILDING STANDARDS AIA-C3 CALIFORNIA GREEN BUILDING STANDARDS AIA-C4 CALIFORNIA GREEN BUILDING STANDARDS C650 CONDITIONS OF APPROVAL C651 CONDITIONS OF APPROVAL PARKING STALL REALIGNMENT 07/11/25 03 PARKING STALL REALIGNMENT 07/11/25 6 CONDITIONS OF APPROVAL 7 CONDITIONS OF APPROVAL OFFSITE IMPROVEMENT PLANS 04 T001 GENERAL NOTES,SYMBOLS LEGEND, ABBREVIATIONS, ENLARGED PLANS T300 SITE PLAN - LOW VOLTAGE, DETAILS A204 STORAGE BUILDING 2 04 ELECTRICAL YARD RECONFIGURATION 08/01/25 ELECTRICAL YARD RECONFIGURATION 08/01/25 M4.00 MECHANICAL ENERGY FORMS TOILETS 04 M5.00 MECHANICAL ENERGY FORMS STORAGE 2 7 Packet Page. 1240 G
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COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 53

PROJECT MAP
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Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 54, Tax Zone No. 54 (Quick
Quack Car Wash located south of Highland Avenue and
west of Del Rosa Avenue) (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2026-060:

1. Authorizing the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 54); and

2. Authorizing the levy of a Special Tax therein; and

3. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget with an appropriation of $15,000 in both revenues and expenditures; and

4. Set a Public Hearing for July 15, 2026.

City Manager's Comments
The City Manager recommends approval.

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

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

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

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

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

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

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

The proposed development includes approximately 1.44 gross acres of zoned commercial property. The property is located south of Highland Avenue and west of Del Rosa Avenue. This development will include a Quick Quack Car Wash building and a smaller building for employee use as a new Tax Zone No. 54 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

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The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 54), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $2,318 per acre for FY 2026/27. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD.

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

The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $3,315 to be used to pay for maintenance costs.

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

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for July 15, 2026.
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
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All costs associated with annexation into the CFD have been borne by the Developer.

This CFD annexation will amend the FY 2025/26 Operating Budget by $15,000 in both revenues and expenditures. There is no additional fiscal impact to the City.

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2026-060:

1. Adopting a Resolution of intention authorizing the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 54); and

2. Authorizing the levy of a special taxes therein; and

3. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget with an appropriation of $15,000 in both revenues and expenditures; and

4. Set a Public Hearing for July 15, 2026.

Attachments
Attachment 1 – Resolution of Intention No. 2026-060
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:

Second 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.

CC: Eric Levitt, City Manager

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Resolution No. 2026-060
Resolution No. 2026-060

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June 3, 2026
RESOLUTION NO. 2026-060

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

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

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 53), AUTHORIZING THE

LEVY OF A SPECIAL TAXES THEREIN, AND

AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2025/26

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

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

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Resolution No. 2026-060
Resolution No. 2026-060

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1. The publication of said notice shall be completed at least seven days prior to the date herein Packet Page. 1248
Resolution No. 2026-060
Resolution No. 2026-060

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June 3, 2026
fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.

SECTION 12. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $15,000 in both revenues and expenditures.

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 3rd day of June 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Resolution No. 2026-060
Resolution No. 2026-060

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June 3, 2026

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-060, adopted at a regular meeting held on the 3rd day of June 2026 by the following vote:

Telicia Lopez, 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. 54 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APNs).

APN Owner Name
0147-271-38 1435 East Highland, LLC
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EXHIBIT B

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

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

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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. 1256
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. 1257
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. 1258
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. 1259
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. 1260
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. 1261
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services) I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

Packet Page. 1262
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 54
APN 0147-271-38
Item Description Estimated Cost
1 Lighting $185
2 Streets $1,209
3 Drainage $400
4 Reserves $270
5 Admin $1,250
Total $3,315
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 54
FY 2026-27 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 $2,318 $0
TAX ZONE 54
FY 2026-27 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $2,318 $0
Packet Page. 1263
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 / 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. 1264
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 $17,827 / Acre $0 / Acre Gateway SB, LLC 51 51 PM 19349 2025-26 $646 / Acre $0 / Acre LPC Arrowhead Area I, LP 52 To Be Determined

53 53 0136-171-44 2026-27 $1,455 / Acre $0 / Acre Occidental Property, LLC 54 54 0147-271-38 2026-27 $2,318 / Acre $0 / Acre 1435 East Highland, LLC

Packet Page. 1265
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX B

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

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

Packet Page. 1266
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. 1267

NTAIN AVE
U MO

HIGHLAND AVE
0147-271-38
ANNEXATION MAP NO. 54
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO _^
CFD 2019-1
TAX ZONE 54
18}|·þ
330 }|·þ
259 }|·þ
215 §¨¦
38}|·þ
210 }|·þ
10 §¨¦
66 ¤£
66 ¤£
LEGEND

XXXX-XXX-XX ASSESSOR PARCEL NUMBER 54 TAX ZONE -

PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO

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

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

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

COMMUNITY FACILITIES DISTRICT

6. The undersigned hereby acknowledges and agrees that the measure submitted in connection with the special election referred to herein, as set forth in the ballot provided to the undersigned, asked voters whether or not the Community Facilities District should be authorized to levy a special tax in order to finance services (the Packet Page. 1270
"Services"), as specified in the Resolution No. 2019-081, adopted by the City Council of the City on June 5, 2019 (the “Resolution of Formation”). The Resolution of Formation described the Services to be financed by the Community Facilities District. The Rate and Method of Apportionment of the Special Tax for the Community Facilities District (the “Rate and Method”) is included in the ballot materials provided to the undersigned for the election (the “Ballot”). The Rate and Method contains detailed provisions specifying (i) the type of the Special Tax and the amount or rate of the Special Tax to be levied on each parcel of property in the Community Facilities District, (ii) the duration of the Special Tax (the fiscal year after which the Special Tax will no longer be levied), and (iii) the use of the revenue derived from the Special Tax to pay for the Services. The undersigned, having received and reviewed the Rate and Method and the Ballot will be, at the time it votes on the measure submitted to voters in the Ballot, in possession the type and amount or rate of the Special Tax, the duration of the Special Tax and the use of the revenue derived from the Special Tax, is fully informed with respect thereto and has a thorough understanding thereof.

IN WITNESS WHEREOF, I hereunto set my hand this day of , 20 . [NAME OF LANDOWNER]
By:

Name:

Title:

OWNER'S PROPERTY:

TRACT MAP OR PARCEL MAP NO.
or PROJECT NO.

OWNER'S MAILING ADDRESS:

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS DAY OF , 20 .

City Clerk of the City Council of the
City of San Bernardino
CUP 22-09
1435 Highland, LLC
P.O. Box 7
Rialto, CA 92777
Packet Page. 1271
INSERT EXHIBIT A: BOUNDARY DESCRIPTION
PARCEL “A”:

THE NORTH 250 FEET OF LOT 4, BLOCK 7, ORANGE GROVE TRACT, WEST

HIGHLANDS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 14 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THE WEST 200.00 FEET.

TOGETHER WITH THE SOUTH 8.75 FEET OF HIGHLAND AVENUE ADJOINING SAID

PREMISES ON THE NORTH AS VACATED BY ORDER OF THE BOARD OF

SUPERVISORS OF SAN BERNARDINO COUNTY, A CERTIFIED COPY OF SAID ORDER BEING RECORDED DECEMBER 27, 1926, IN BOOK 179, PAGE 38, OF OFFICIAL RECORDS.

CONTAINING 1.428 ACRES MORE OR LESS.

FUTURE PARCEL NO. 147-271-38
Packet Page. 1272
INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP

LOT MERGER
Packet Page. 1273
Packet Page. 1274
Packet Page. 1275
Packet Page. 1276
Packet Page. 1277
Packet Page. 1278
Packet Page. 1279
Acknowledgment Regarding Property to be Included into Community Facilities District No.

The developer/property owner of (Tract No. / Assessor’s Parcel No.) hereby acknowledges that:

If the landscaping, drainage, lighting and eligible public improvements within the Community Facilities District No. the maintenance areas of (Assessor’s Parcel Nos.) , which is to be included in the Community Facilities District No. of the City of San Bernardino are completed prior to the levy and collection of special taxes upon property within said tract for the maintenance of such landscape and improvements, the developer/property owner will continue to be responsible for and will maintain the landscaping, drainage, lighting, and eligible public improvements within such maintenance areas at its sole expense, and the City will not assume responsibility for the maintenance of such landscaping, drainage, lighting and eligible public improvements until such time as the City is able to collect such special taxes to pay the costs of the maintenance of such landscaping, drainage, lighting, and eligible public improvements.

DATED: OWNER(S):
(Print Name)
(Signature)
(Title)
(Print Name)
(Signature)
(Title)
147-271-33
147-271-33
1435 Highland, LLC (Scott Beard)
Manager
Packet Page. 1280

EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 54)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on June 3, 2026 adopted its Resolution No. 2026-___, 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.

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 909-998-2680.

DATED: ____________, 2026 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2026
Packet Page. 1281

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 54
(July 15, 2026)
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
1435 East Highland, LLC 1.44 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on July 15, 2026.

Very truly yours,
Telicia Lopez, CMC, City Clerk
Packet Page. 1282
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
1435 East Highland, LLC
Attn: Scott Beard
PO Box 7
Rialto, CA 92377
0147-271-38

CITY OF SAN BERNARDINO

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

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential NR $2,318
plus an annual increase on each July 1, commencing on July 1, 2027 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. 54 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting, streets, and drainage as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2026-__ adopted by the City Council of the City of San Bernardino on June 3, 2026, 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__.

Scott Beard
Manager
Signature
Print Name
Title
Packet Page. 1283
N00°03'30"E 891.47' N89°58'53"W 440.63' N89°58'53"W 440.25' HIGHLAND AVENUE N.A.P. APN: 0147-271-07 OWNER: ANKRUM FAMILY N.A.P. APN: 0147-271-04 OWNER: ANKRUM FAMILY N.A.P. APN: 0147-271-03 OWNER: SAKARIA DALJIT S & ELAINE FAM TR A N.A.P. APN: 0147-271-24 OWNER: SAKARIA DALJIT S & ELAINE FAM TR A N.A.P. APN: 0147-271-35 OWNER: GRANGER ASSOCIATES EXISTING BUILDING NORTH CFD MAINTENANCE AREA SHEET OF 11 DATE: 04.20.26 CFD MAINTENANCE SITE PLAN EXHIBIT 1435 EAST HIGHLAND AVENUE SAN BERNARDINO, CALIFORNIA Packet Page. 1284

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ALAMEDA ST

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COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 54

PROJECT MAP
Packet Page. 1285

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 3, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: Economic Development
Subject: Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation (15.30-441) of a Portion of an Alley Way South of West Rialto Avenue and West of South
Muscott Street, and Reservation of Utilities Therein (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-061, declaring its intent to conduct a public hearing to order the vacation of a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and reservation of utilities therein.

City Manager's Comments
No comments.

Executive Summary
A petition to vacate a portion of an alley way south of W Rialto Ave and west of S Muscott St was received on July 31, 2025, from the City of Colton, owners of a property located on the on the northern and southern side of this alley way (APN: 0142-222-48- 0000). The stated reason for the petition to vacate this portion of the street is due to the vacated lot will be part of the consolidated lot owned by the City of Colton for their Well and Water Reservoir site.

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 Packet Page. 1286
notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.

A petition to vacate a portion of an alley way south of W Rialto Ave and west of S Muscott St was received on July 31, 2025, from the City of Colton, owners of a property located on the on the northern and southern side of this alley way (APN: 0142-222-48- 0000). The stated reason for the petition to vacate this portion of the street is due to the vacated lot will be part of the consolidated lot owned by the City of Colton for their Well and Water Reservoir site.

On March 18, 2026, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate the street. On March 23, 2026, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the City of San Bernardino Municipal Water Department, informing them of the proposed street vacation. Staff has received requests from the San Bernardino Municipal Water Department to reserve existing utility easements.

Discussion
The Resolution will set the date, time, and place of the public hearing as July 15, 2026, at 5:00PM at 555 West 6th Street, San Bernardino, California at the Feldheym Central Library. At that time, interested parties may present comments or evidence to the Mayor and City Council regarding the proposed street vacation. The Resolution of Intention will also direct staff to publish notices of the public hearing in the newspaper, as well as, positing notices along the proposed street vacation as required by the SHC sections 8322 and 8323.

Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-441, with reservation of utility easements therein, adopting a Categorical Exemption for the street vacation, and make a final order of vacation for the street as described in the Real Property Street Vacation.

The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation 15.30-443 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the Packet Page. 1287
public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.

Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $1,020 in fees.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-061, declaring its intent to conduct a public hearing to order the vacation of a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and reservation of utilities therein.

Attachments
Attachment 1 – Resolution No. 2026-061
Attachment 2 – Exhibit A – Legal Description
Attachment 3 – Exhibit B – Plat Map
Attachment 4 - Aerial Map
Ward:

Third Ward
Synopsis of Previous Council Actions:

March 18, 2025 The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of an alley way south of West Rialto Ave and west of South Muscott St, and reservation of utilities therein.

CC: Eric Levitt, City Manager

Packet Page. 1288
Resolution No. 2026-061
Resolution 2026-061
June 3, 2026

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RESOLUTION NO. 2026-061

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENT TO CONDUCT A PUBLIC

HEARING TO ORDER THE VACATION OF A PORTION OF

AN ALLEY WAY SOUTH OF WEST RIALTO AVENUE AND

WEST OF SOUTH MUSCOTT STREET, AND

RESERVATION OF UTILITIES THEREIN
WHEREAS, the Economic Development Department previously received a petition to vacate a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and the reservation of utilities therein; and
WHEREAS, the real property street vacation is due to the vacated lot will be part of the consolidated lot owned by the City of Colton for their Well and Water Reservoir site; and WHEREAS, the street vacation will be beneficial to both the City of San Bernardino and the City of Colton in managing their property into a development that meets City’s commercial needs while satisfying the Development Code requirements; and WHEREAS, on March 18, 2025, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the alley; and WHEREAS, on March 23, 2025, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the San Bernardino Municipal Water Department informing them of the proposed street vacation.

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

SECTION 1. The Mayor and City Council of San Bernardino, California hereby declares its intention to order the vacation of an alley way south of West Rialto Avenue and west of South Muscott Street (No. 15.30-441), and the reservation of utilities therein as described on the legal description attached hereto and incorporated as Exhibit “A” and depicted on the map attached hereto and incorporated herein as Exhibit “B”.

SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating the above-described portion of said street, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California.

SECTION 3. The hour of 5:00 p.m., on Wednesday, June 4, 2026, at 555 West 6th Street, San Bernardino, California, 92410, is fixed as the time and place when and where all persons Packet Page. 1289
Resolution No. 2026-061
Resolution 2026-061
June 3, 2026

Page 2 of 3 ends

interested in or objecting to the proposed vacation areas may appear before the Mayor and City Council of San Bernardino, California, and offer evidence in relation hereto.

SECTION 4. The Mayor and City Council hereby direct the City Engineer of the City of San Bernardino to cause a Notice of Street Vacation to be posted as required by said “Public Streets, Highways and Service Easements Vacation Law.”
SECTION 5. The City Clerk shall certify the adoption of this Resolution of Intention and shall cause the same to be published once per week for two successive weeks in The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date set forth for the public hearing.

SECTION 6. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3
rd day of June 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Resolution No. 2026-061
Resolution 2026-061
June 3, 2026

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-061, adopted at a regular meeting held on the 3 rd day of June 2026 by the
following vote:

Telicia Lopez, CMC, City Clerk
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Packet Page. 1292
Packet Page. 1293
Packet Page. 1294
Street Vacation #15.30-441
Alley Way South of W Rialto Ave
and West of Muscott St
Packet Page. 1295

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 3, 2026
To: Honorable Mayor and City Council Members
From: Tarik Rahmani, Director of Finance & Management Services Department: Finance & Management Services
Subject: 2026 Fireworks Regulatory Fee Rate (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-062, setting the 2026 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino.

City Manager's Comments
No Comment
Executive Summary
The City of San Bernardino recommends that the Mayor and City Council adopt Resolution No. 2026-062, which sets the 2026 Regulatory Fee Rate at 10% for the sale of "safe and sane" fireworks. This fee is based on the gross sales of fireworks and aims to cover the regulatory costs associated with issuing permits and enforcing Municipal Code provisions. The City allows up to 35 licenses for nonprofit agencies to sell fireworks each year, with the regulatory fee split equally between licensees and suppliers. The anticipated cost of regulation and enforcement for 2026 is $214,619.81, while the estimated revenue from the 10% fee is $66,000. This action supports the City's strategic goal of improved operational and financial capacity and aligns with maintaining fiscal accountability.

Background
The City of San Bernardino is one (1) of eight (8) municipalities in the County of San Bernardino that allow for the sale, use, possession, and discharge of fireworks designated as “safe and sane.” Under the current provisions of the San Bernardino Municipal Code (SBMC), “safe and sane” fireworks are permitted in all areas south of the 210 Freeway in the City of San Bernardino (Exhibit A) from noon on July 1st through midnight on July 4th.

The City currently allows up to 35 licenses to nonprofit agencies for the sale of “safe Packet Page. 1296
and sane” fireworks each year. In 2025, thirty-one (31) temporary use permits were issued for fireworks stands. A regulatory fee for the sale of “safe and sane” fireworks is established annually by the Mayor and City Council based on the gross sales of all fireworks sold in the City. The purpose of the regulatory fee is to raise funds to cover the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties.

Discussion
The regulatory fee amount is determined by the licensee's fireworks sales reported from the prior year. Each licensee is required to submit fireworks sales financial statements to the City Clerk’s Office no later than August 31 of every year. Half the regulatory fee is paid by the licensee, and the remaining half is paid by the fireworks supplier. In accordance with Section 8.60.095(B) of the Municipal Code, the regulatory fee rate shall not exceed more than ten (10) percent of the total gross sales of fireworks sold in the City during the prescribed timeframes (July 1st through July 4th).

Each year, prior to imposing a fee, staff prepares a study (Exhibit B) of the anticipated costs associated with the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties. Exhibit B provides an assessment, itemized by department, of the costs associated with fireworks sales, including the staff time incurred by the Police Department, Finance Department for Business Registration, and other related costs. The Mayor and City Council must adopt this regulatory fee rate no later than 7:00 p.m. on July 1, as provided for in Section 8.60.095(B) of the Municipal Code.
2021-2025 Strategic Targets and Goals
Revenue from the 2025 Regulatory Fee Rate of 10% for the sale of fireworks aligns with Key Target No. 1: Improved Operational and Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.

Fiscal Impact
There is no fiscal impact with the adoption of this Resolution. Costs associated with enforcement and estimated revenues are included in the FY 2026/27 Operating Budget. The total estimated cost associated with regulating and enforcing the sale of "safe and sane" fireworks in the City this year (2026) is $214,619.81. Based on a 10% regulatory fee using the gross sales of all fireworks sold in the City in 2025 in accordance with Section 8.60.096(B) of the Municipal Code, the estimated revenue to be collected this year is $66,000.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-062, setting the 2026 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino.

Packet Page. 1297
Attachments
Attachment 1 Resolution No. 2026-062
Attachment 2 Exhibit A – Location Map
Attachment 3 Exhibit B – Estimate of Expenditures for 2026 Ward:

All Wards
Synopsis of Previous Council Actions:

June 4, 2025 Mayor and City Council adopted Resolution No. 2025-301 setting the regulatory fee at 10%.

June 5, 2024 Mayor and City Council adopted Resolution No. 2024-131 setting the regulatory fee at 10%.

June 21, 2023 Mayor and City Council adopted Resolution No. 2023-087 setting the regulatory fee at 10%.

June 15, 2022 Mayor and City Council adopted Resolution No. 2022-128 setting the regulatory fee at 10%.

June 2, 2021 Mayor and City Council adopted Resolution No. 2021-135 setting the regulatory fee at 10%.

June 17, 2020 Mayor and City Council adopted Resolution No. 2020-130 setting the regulatory fee at 10%.

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-86 setting the regulatory fee at 10%.

CC: Eric Levitt, City Manager
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Resolution No. 2026-062
Resolution 2026-062
June 3, 2026

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RESOLUTION NO. 2026-062

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
SETTING THE 2026 REGULATORY FEE FOR THE SALE

OF SAFE AND SANE FIREWORKS IN THE CITY OF SAN

BERNARDINO
WHEREAS, on June 15, 2009, the Mayor and Common Council adopted an urgency ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring half of the fireworks regulatory fee to be paid by the licensee (the non-profit) and half to be paid by the fireworks company that supplies the product; and
WHEREAS, on July 1, 2013, the Mayor and City Council adopted an urgency ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring the regulatory fee be set no later than 7:00 p.m. on July 1 of each year; and WHEREAS, prior to imposing the fee, the City is required to prepare a study of the anticipated costs associated with fireworks education, awareness, and enforcement.

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. That the Mayor and City Council of the City of San Bernardino, California, have determined that the total anticipated costs for the City to cover the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties, for the 2024 season has been calculated at $211,916.

SECTION 3. Section 8.60.095 (B) of the City’s Municipal Code provides that the regulatory fee rate not exceed more than 10% of the gross sales of fireworks sold in the City during the prior year.

SECTION 4. In the 2025 fireworks season, 10% of the total gross sales of fireworks as reported by the licensees, amounted to $65,069.38.

SECTION 5. The Mayor and City Council hereby set a regulatory fee rate of 10%.

SECTION 6. That the 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 Packet Page. 1299
Resolution No. 2026-062
Resolution 2026-062
June 3, 2026

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the activity in question may have a significant effect on the environment, the activity is not subject to CEQA
SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3
rd day of June 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Resolution No. 2026-062
Resolution 2026-062
June 3, 2026

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-062, adopted at a regular meeting held on the 3 rd day of June 2026 by the
following vote:

Telicia Lopez, CMC, City Clerk
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Packet Page. 1302
Exhibit B
Fireworks 2026 Deployment
Expenditure Estimates
Police Department OT Cost Straight time Cost
June 27 (Saturday) $0 $6,355.98
June 28 (Sunday) $5,166.93 $0
June 29 (Monday) $0 $19,017.16
June 30 (Tuesday) $0 $34,348.47
July 1 (Wednesday) $0 $38,322.46
July 2 (Thursday) $0 $38,322.46
July 3 (Friday) $616.44 $19,395.29
July 4 (Saturday) $34,795.64 $6,355.98
July 5 (Sunday) $5,166.93 $0
Total $45,745.94 $162,117.80
Finance Department Number of
Personnel
Labor Cost
Accounting Technician III 1 $5,048.65
Business Registration Manager 1 $1,707.42
Total $6,756.07
Total Expenditure Estimates
$214,619.81
Public Education & Awareness Related to Regulatory
Enforcement
Community Affairs Social Media Campaign Straight Time
Packet Page. 1303

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 3, 2026
To: Honorable Mayor and City Council Members
From: Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: Annual Renewal of the City’s Risk Management Insurance Policies for FY 2026/27 (All Wards)
Recommendation:

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

1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and

2. Authorize the City Manager or designee to execute all related documentation.

City Manager's Comments
The City Manager recommends approval of the annual renewal for the listed insurances.

Executive Summary
The City purchases insurance policies through Public Risk Innovation, Solutions, and Management (PRISM), a member-directed risk sharing pool of public agencies committed to providing risk coverage programs and risk management services, which drive member stability, efficiency, and best practices. Staff is recommending renewing insurance coverage for the specific policies noted below:
• Excess Workers’ Compensation Program
• General Liability 2 Program (GL2)
• Master Crime Program
• Cyber Liability Program
Packet Page. 1304
Background
The City is one of the 70% of California cities that have pooled membership within PRISM. Members within a pooled insurance plan typically experience lower rate increases year-over-year as opposed to standalone coverage. PRISM seeks quotes from both domestic and international markets in order to fill the program insurance needs. When the final quote is selected, PRISM works with actuaries and underwriters to determine the premium allocation for each member based on their individual loss experience and exposure data.

The General Liability market continues to see the same factors that have created extreme hard market conditions - nuclear verdicts and settlements driven by (among other things):
• Legal system abuse
• Changes in the regulatory and legal environment
• Growing distrust of large corporations/government
• An increasing propensity to sue
• Courts/Juries favoring plaintiffs
• An extremely aggressive and organized plaintiffs’ bar The dramatic increase in severity losses that the industry has experienced over the last decade has caused the hard market conditions we continue to face has similarly impacted PRISM’s GL programs as well. PRISM members have experienced the same sort of extreme large loss activity as others throughout the market, resulting in higher premiums in recent years. However, the ability to collectively retain more risk and the combined purchasing power of the group continues to produce a dramatically better result than what could be achieved through individual placements in the market. In what is a dramatically shrinking insurance market in terms of available capacity, just the fact that PRISM is able to purchase reinsurance, opens up additional markets that individual risks can’t access. As the liability environment that we operate within continues to re-set, PRISM remains the best solution for California public entities.

The Excess Workers’ Compensation (EWC) market has its own set of problematic issues to hurdle. While EWC is currently the more stable line of coverage, the aging workforce, medical inflation, presumptions such as cancer, heart and posttraumatic stress, and the pandemic have disrupted the WC environment.

While accident frequency in workers’ compensation has been steady, claim severity continues to trend upwards. This is especially true for catastrophic injury cases where the costs are rising dramatically and predicting future costs continues to be challenging.

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PRISM’s EWC Program size is an advantage. The size of the EWC Program creates stability and offers economies of scale that could not be realized without being in a large pool. Because of this, PRISM has been able to secure unique reinsurance agreements largely due to the Program’s premium volume.

Discussion
Excess Workers’ Compensation Program
The City purchases excess workers' compensation insurance to cover employees if they are injured on the job. Coverage includes reimbursement for payments above the City’s self-insured retention (SIR). This includes compensation for temporary disability benefits at statutory rates, medical benefits, and some allocated expenses.

The City’s current excess workers’ compensation coverage cost is $909,248 and has a $1 million self-insured retention (SIR) with a limit remaining at statutory coverage.

Statutory coverage provides payment for claims up to the amount required by law, without limits. The FY 2026/27 premium is decreasing by at least 10% ($818,000).

Excess General Liability Program
The City purchases excess general liability insurance to protect against catastrophic incidents such as: bodily injury, property damage, personal injury, public officials’ errors and omissions liability, automobile liability and employment practices liability.

The City’s current excess general liability insurance coverage cost is $2,300,085 and has a $5 million self-insured retention (“SIR”) with a limit of $25 million. The FY 2026/27 premium is increasing by up to 27% ($2,919,000) while Program premium projections assume increases of up to 40%.

Master Crime Program
The City purchases master crime insurance to protect against illegal acts committed by employees while on the job including theft, forgery, inside premises (theft of money and securities/robbery), computer fraud, money orders and counterfeit paper currency, and outside premises.

The City’s current master crime coverage cost is $13,190 and has a $2,500 selfinsured retention (“SIR”) with a limit of $15 million. The FY 2026/27 premium is increasing by up to 21% ($15,900).

Cyber Liability Program
The City purchases cyber liability insurance for reimbursement coverage in response to information security and privacy liability, website media content liability, cyber extortion and first party data protection.

The City’s current policy cost is $21,512 and has a $100,000 SIR with a limit of $12 million. The FY 2026/27 premium is increasing by up to 85% ($39,800) while Program premium projections assume increases of up to 85%.

Packet Page. 1306
The following chart summarizes the City’s current actual cost for insurance coverage, assuming no changes to coverage, deductibles and or retention.

Insurance Type
FY 25/26
Actual
Premium
FY 26/27
Maximum
Estimated
Cost
Maximum
Percentage
Change
Excess Workers’ Compensation $909,248 $818,000 -10%
Excess General Liability $2,300,085 $2,919,000 27%
Master Crime $13,190 $15,900 21%
Cyber Liability $21,512 $39,800 85%
Total Estimated Insurance
Premium Costs
$3,244,035 $3,792,700 16.9%
2021-2025 Strategic Targets and Goals
Approving the renewal of the City’s various insurance policies aligns with Strategic Target No. 1: Improved Operational and Financial Capacity, specifically, Goal e:
minimize risk and litigation exposure by maintaining sufficient coverage to provide protection to the City.

Fiscal Impact
The financial impact to the City would not exceed $3,792,700. The insurance premiums are budgeted and paid from both the Workers Compensation Fund and Liability Insurance Fund. The FY 2026/27 Proposed Budget has a total of $5,631,291 budgeted across both funds to cover these premiums.

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

1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and

2. Authorize the City Manager or designee to execute all related documentation.

Attachments
Attachment 1 - Insurance Renewal PowerPoint
Attachment 2 - 2026/27 Budget Estimates
Ward:

All Wards
Synopsis of Previous Council Actions:

Packet Page. 1307
July 2, 2025 The Mayor and City Council approved the annual renewal of the City’s Property insurance, excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance.

CC : Eric Levitt, City Manager
Packet Page. 1308
2026-2027
Insurance Renewal
Presented June 2026
City of
San Bernardino
(STATE OF THE MARKET INFORMATION HAS BEEN CONSOLIDATED FROM VARIOUS INDUSTRY SOURCES) Packet Page. 1309 2 Contents
2025 Summary of Coverage
2026 Summary of Coverage
General Liability
Excess Workers’ Compensation
Cyber
Crime
Packet Page. 1310
2025 Summary of Coverage
Coverage Limits Deductible/SIR Premium
General Liability $25,000,000 $5,000,000 $2,300,085
Excess Workers’ Compensation Statutory $1,000,000 $909,248 Cyber $18,000,000 $100,000 $21,512
Crime $25,000,000 $2,500 $13,190
3 Packet Page. 1311
2026 Summary of Coverage
Coverage Limits Deductible/SIR Premium
General Liability $25,000,000 $5,000,000 Estimated
$2,661,000 to $2,919,000
Excess Workers’ Compensation Statutory $1,000,000 Estimated $795,000 to $818,000
Cyber $18,000,000 $100,000 Estimated
$25,900 to $39,800
Crime $25,000,000 $2,500 Estimated
$15,200 to $15,900
4 Packet Page. 1312
Insurance Market &
Financial Performance
Packet Page. 1313
6 General Liability
Policy Year: July 1, 2025- July 1, 2026
Coverage Provided • Bodily injury • Personal injury • Property damage • Public Officials Errors and Omissions • Employment Practices Liability • Automobile Liability Excess Limit: $25,000,000
Self Insured Retention: $5,000,000
Packet Page. 1314
Casualty Market Drivers
7 General Liability & Excess Liability
Increase in Catastrophic Losses
• Sexual Misconduct
• Law Enforcement Liability
• Lifetime Care Costs
• Punitive Damage Awards
Organized Plaintiff Bar
• Litigation Financing
• Settlement pressure driven by Nuclear
Verdict Potential
Inflationary Pressures
• Social Inflation
Auto Liability
Cost of vehicles (inflation)
Workers Compensation
Cost to repair (technology)
Fatality Trends
Distractive Driving – Cell Phones
Robotaxis
Rising medical costs
Rapid rise of litigation costs
Use of Autonomous Driving
Increased fleet use of Electric Vehicles
Aging Workforce
Medical Cost Inflation
Cancer & PTSD Presumptions
Workplace Violence
Medical Service Delays
Out of State Exposure
Accident Survivability
Mental Health
Aging Infrastructure
Lack of market participation
Packet Page. 1315
Per-Household Costs of the U.S. Tort System
8 Tort burden
per household $2,000 - $2,750 $2,750 - $3,000 $3,000 - $3,750 $3,750 - $5,000 $5,000 + Alliant Insurance Services | Proprietary & Confidential Source: https://www.uschamber.com/lawsuits/hidden-costs-lawsuits-grow Valued 11/20/24
The map below is shaded according to tort costs
per household in each state. State-specific data
on the costs and compensation paid in the tort
system is available.

DC
Packet Page. 1316
Factors Driving
Up Values
9 Anchoring
• Arbitrary numbers
• Lump sum or per diem
• The more you ask for, the more
you get
• 1/3 of states limit anchoring
in some way
Reptile Theory
• Use juror anger to instill a sense
of fear or danger in jurors’ minds
so they lash out at the perceived
attackers (i.e. the Defendants)
• Use safety rules to divert the
jurors’ attention away from the
real legal standard
And…
• Law Firm Advertising
• The Plaintiff’s Bar
• Third Party Litigation Funding
• Legislative changes
• Increasingly negative
sentiment towards perceived
bad actors or institutions
Packet Page. 1317
10 Excess Workers’
Compensation
Policy Year: July 1, 2025- July 1, 2026
The EWC Program provides the following special
coverage features:
• Volunteers included (subject to adoption of
resolution by employer prior to injury)
• No terrorism exclusion
• PRISM staff will coordinate a claims audit within
the first year of participation and/or change of
TPAs, and every two years thereafter
• Claims resources and oversight on the excess
reportable claims by highly experienced Claims
Specialists
• Legislative advocacy on key workers’
compensation bills
Excess Limit: Statutory
Self Insured Retention: $1,000,000
Packet Page. 1318
Worker’s Compensation Trends/Outlook
Trends to Watch
11 Rising medical costs for catastrophic claims:
• Accident survivability
• Increased life expectancy for catastrophically injured workers • Higher costs for medical care technology
• 30% increase in claims incurred over $10M in last 3 years 01 02 Enhanced care with AI tools
03 Inflation, tariffs and stress on our medical system
04 The risk and needs of an aging workforce
05 Legal claim costs
06 Uptick in cumulative trauma claims
07 Mental health claims
08 Return to office
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12 Cyber
Policy Year: July 1, 2025- July 1, 2026
Coverage Provided
• Information Security and Privacy Liability
• Privacy Notification Costs
• Regulatory Defense and Penalties
• Website Media Content Liability
• Cyber Extortion
• First Party Data Protection
Limit: $18,000,000 aggregate limit of liability for each member (aggregate for all coverages combined) subject to the
$115,000,000 program aggregate limit of liability for all members combined
Self Insured Retention: $100,000
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Current State of Cyber Claims
Ransomware
Payments
Payments made by victims to
ransomware groups totaled
$814M in 2024, down 35%
from the record-high of
$1.25B in 2023. (3) This is the
first time ransom payments
have declined since 2022.
(1) NetDiligence Cyber Claims Study 2024 Report
(2) Chainalysis cryptocurrency tracking data
(3) IBM Cost of a Data Breach 2024
(4) Duane Morris Class Action Review 2025
As measured by the number of claims over the past
5 years, the financial services sector is among the
top 5 most affected industries, which as a group
account for 52% of all claims and 59% of total
incident cost. (1)
Ransomware and Business Email Compromise are
the leading causes of loss. (1) The US has the highest
average cost of a data breach of any country at
$9.36M. (3) However, the percentage of attack victims
paying a ransom has declined over the past five years
as business are relying more on restoration, backups
and remediation strategies.

Data breach class actions are at record levels. There
were 1,488 data breach class action filings in 2024,
up from 1,320 in 2023 and more than double the
amount in 2022. (4) The number of filings has risen by
1,265% over the last 6 years.
13 Packet Page. 1321
14 Crime
Policy Year: July 1, 2025- July 1, 2026
Coverage Provided:

Governmental Crime Policy on Discovery Form including:
• Employee theft including Faithful Performance of Duty (Per Loss Coverage)
• Forgery or alteration including Credit, Debit or Charge Card Forgery
• Inside premises - Theft of money and securities
• Inside premises - Robbery or safe burglary of other
property
• Computer fraud and funds transfer fraud
• Money orders and counterfeit paper currency
• Outside the premises
Limit: $25,000,000 each occurrence
Deductible per occurrence: $2,500
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Contact Your
Alliant Service Team
Robert Lowe
First Vice President
[email protected]
Kristen DesCombes
Associate Producer
[email protected]
Packet Page. 1323
SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2026/27 Budget Estimates, January 2026
0 This second round of premium estimates have been prepared to further assist members with budgeting for the 2026/27 fiscal year. Since the initial estimates provided in October, these projections have been updated to reflect estimated 2026/27 exposure information submitted through the renewal applications, as well as losses evaluated as of June 30, 2025. Pool rates have also been updated for the EWC and GL1 programs to incorporate the applicable expiring confidence levels and discount factors, which are scheduled for approval at the March Board of Directors meeting.

Pool rates for the other programs, reinsurance and excess insurance premiums, and administrative costs, remain estimates at this stage. As such, members are encouraged to budget toward the high end of the provided range. Consistent with direction from the Board of Directors, these estimates are intentionally conservative; although final premiums may vary from these preliminary projections, staff makes every effort to keep final premiums within the provided range.

Excess Workers' Compensation Program
Premium
24/25 Premium: $652,569 2024/25 Estimated Payroll: $105,416,651 25/26 Premium: $909,248 2025/26 Estimated Payroll: $138,005,235 26/27 Estimated Premium: $795,000 to $818,000 2026/27 Estimated Payroll: $124,294,972 PRISM pool rates have been updated in these estimates and are pending approval by the PRISM Board of Directors at their March 2026 meeting. The estimate incorporates projected 2026/27 payroll exposures submitted through renewal applications and losses evaluated as of June 30, 2025.

Reinsurance / excess insurance costs, as well as administrative expenses, remain estimated at this stage. These estimates also reflect the rating changes approved by the Board of Directors in October 2025, which will be phased in over a three-year period. For 2026/27, the rates are blended at 67% old and 33% new.

Members reporting payroll increases greater than 7% compared to the prior year may experience premium changes outside the range provided in the October estimates. Additionally, members who experienced large claim development since last year's losses (evaluated as of June 30, 2024) will likely see premium changes outside of what was provided before as well. For entities electing to apply the 2024/25 payroll audit to the 2026/27 renewal, the audit adjustment is included in the total estimated collection shown. For entities settling the payroll audit outside of the renewal premium, the amount shown reflects the estimated renewal premium only.

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SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2026/27 Budget Estimates, January 2026
0 General Liability 2 Program
Premium
24/25 Premium: $2,049,093 2024/25 Estimated Payroll: $78,045,281 25/26 Premium: $2,300,085 2025/26 Estimated Payroll: $108,366,606 26/27 Estimated Premium: $2,661,000 to $2,919,000 2026/27 Estimated Payroll: $106,508,104 The liability market continues to hearden in response to rising claims costs. Based on market conditions, and the Board's direction to be conservative this early on in the process, these estimates reflect rate increases of 20% to 40% for the SIR to 10M layer, 15% to 30% within the 5M xs 10M layer, and 20% to 40% for the 10M xs 15M layer. These preliminary estimates have been formulated utilizing the 2025/26 final allocation and anticipating market rate fluctuations. Please note that individual member rates may vary depending on loss history development, changes in exposure, or other relevant factors. Therefore, we recommend budgeting towards the upper end of the range provided. The market based allocation of premium for the program will be evaluated and approved by the GL2 Committee in the Spring.

Property Program
Premium
24/25 Premium: $2,207,895 2025/26 AR TIV: $437,166,465
25/26 Premium: $2,273,844 2025/26 EQ TIV: $221,551,432
26/27 Estimated Premium: $2,156,000 to $2,540,000
The first version of the 2026/27 premium estimates sent in October had an overall premium range of -5% to +10% for most members. This estimate was based on 2025/26 binding Total Insured Values (TIV) and did not take into consideration property schedule updates. In these updated premium estimates, the premium ranges have been reduced for most members in consideration of the favorable property market and are based on updated TIV as of November 20, 2025, and loss history. Members with adverse loss development and/or TIV increases since the initial premium estimates may see premium increases higher than the range provided in October. We continue to recommend you budget towards at the high end of the range provided.

Key Note: Large catastrophic events or economic downturn prior to the March 31, 2026 renewal could impact the property insurance marketplace and potentially affect the premium estimates.

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SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2026/27 Budget Estimates, January 2026
0 Master Crime Program
Premium
24/25 Premium: $13,709
25/26 Premium: $13,190
26/27 Estimated Premium: $15,200 to $15,900
The Master Crime Program is currently placed with AIG for the first $10M layer, Berkley for the $5M excess of $10M layer, Great American for the $5M excess of $15M layer, and with Crum & Forster for the $5M excess of $20M layer. The layers above AIG provide a $1M Faithful Performance sublimit, while the Great American layer includes a 5 times shared policy Annual Aggregate on this sublimit. At this time we recommend budgeting for a 10%-15% rate increase. Please note that exposure changes could impact the premium.

For those members that do not currently purchase the optional $250,000 excess of $250,000 Impersonation Fraud coverage, we recommend budgeting $7,500 to $10,000 in addition to the budget estimates if there is interest in applying for that coverage.

Cyber Liability Program
Premium
24/25 Premium: $20,979
25/26 Premium: $21,512
26/27 Estimated Premium: $25,900 to $39,800
At this time, we recommend members with no paid or open claims, to budget for a 20% - 50% rate increase. For members that have paid losses or open claims with the potential for paid losses, please budget for a 20% - 85% rate increase. For members with significant losses and inadequate security controls, the increase may be larger.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 3, 2026
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Adopt a Resolution Authorizing the Acceptance, Commitment, and Expenditure of FY 2025/26 Citizens’
Option for Public Safety (COPS) Funds in the Amount of
$696,568.59. (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-063:

1. Accepting the FY 2025/26 Citizens’ Option for Public Safety (COPS) funds in the amount of $696,568.59; and

2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $696,568.59 in revenues and expenditures, and

3. Authorizing the Police Department to commit and expend the FY 2025/26 COPS funds.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
City Council is requested to accept $696,568.59 in Citizens’ Option for Public Safety (COPS) funds and authorize the related amendment to the FY 2025/26 operating budget and expenditure of funds by the Police Department. The COPS initiative, established pursuant to Assembly Bill 3229, provides annual state funding to support front-line enforcement services. For FY 2025/26, the City received a total of $696,568.59 in COPS funding. These funds will be used to support eligible public safety expenditures, including costs associated with the Axon Enterprise agreement for services and equipment not previously included in the adopted budget, as well as Packet Page. 1327
other eligible front-line operational needs in accordance with program guidelines.

Background
The Citizens’ Option for Public Safety (COPS) initiative established, pursuant to Assembly Bill 3229, provides annual state funding to support front-line law enforcement services. COPS funding generally consists of two components: a front-line allocation distributed annually to eligible jurisdictions and a growth allocation representing additional program funds made available above the base allocation. These funds are intended to supplement, not supplant, existing public safety resources and must be expended in accordance with a written request from the Chief of Police.

Each year, the San Bernardino Police Department receives COPS funding through San Bernardino County, which serves as the pass-through agency for distribution of funds. Consistent with prior years, the Police Department uses these funds to support front-line law enforcement operations and other eligible public safety expenditures that enhance service delivery to the community.

Discussion
In October 2025, San Bernardino County notified the City of an estimated front-line allocation of approximately $340,378, to be distributed in monthly payments beginning in October 2025 through March 2026. The County also notified the City of an estimated FY 2025 growth allocation of approximately $349,840.50, to be paid in a lump sum.

These figures were preliminary estimates for planning purposes.

Actual payments received by the City totaled $696,568.59. Accordingly, the Police Department is bringing this item forward for City Council’s formal acceptance of the funds, approval of the related amendment to the current fiscal year operating budget, and authorization for the Police Department to expend the funds for eligible public safety purposes consistent with program guidelines.

A portion of the funding will be used to support costs associated with the Axon Enterprise agreement for services and equipment that were not previously included in the City’s adopted budget. The remaining funds will be used for other eligible front-line public safety expenditures, including public safety software, training and operational support for front-line staff, and materials and supplies used in field operations, in accordance with program guidelines.
2021-2025 Strategic Targets and Goals
This action aligns with Key Target No. 2b: Focused Aligned Leadership & Unified Community by investing in resources, technology, and tools to continually improve operational efficiency and effectiveness, and 3c: Improved Quality of Life by enhancing the quality of public safety services.

Fiscal Impact
There is no impact to the General Fund. Approval of this item will appropriate $696,568.59 in revenues and expenditures to the FY 2025/26 Operating Budget and Packet Page. 1328
authorize its expenditure.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-063:

1. Accepting the FY 2025/26 Citizens’ Option for Public Safety (COPS) funds in the amount of $696,568.59,

2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $696,568.59 in revenues and expenditures, and

3. Authorizing the Police Department to commit and expend the FY 2025/26 COPS funds.

Attachments
Attachment 1 – Resolution No. 2026-063 Acceptance of FY 2026 COPS Funds
Ward:

All Wards
Synopsis of Previous Council Actions:

May 21, 2025 Mayor and City Council adopted Resolution No. 2025- 142 accepting the FY 2024/25 COPS funds and
amending the operating budget.

June 5, 2024 Mayor and City Council adopted Resolution No. 2024- 134 accepting the FY 2023/24 COPS funds and
amending the operating budget.

June 21, 2023 Mayor and City Council adopted Resolution No. 2023- 080 accepting the FY 2022/23 COPS funds and
amending the operating budget.

CC: Eric Levitt, City Manager

Packet Page. 1329
Resolution No. 2026-063
RESOLUTION NO. 2026-063

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE ACCEPTANCE OF THE FULL
FISCAL YEAR 2025/26 CITIZENS’ OPTION FOR PUBLIC
SAFETY (COPS) FUNDS IN THE AMOUNT OF $696,568.59,

AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2025/26
OPERATING BUDGET BY $696,568.59 IN REVENUES AND

EXPENDITURES, AND AUTHORIZING THE POLICE

DEPARTMENT TO COMMIT AND EXPEND THE FUNDS
WHEREAS, the Citizens’ Option for Public Safety (COPS) initiative provides annual state funding dedicated exclusively to supporting front-line law enforcement services; and WHEREAS, the COPS funds are required to be formally accepted and appropriated by the City prior to expenditure in accordance with program requirements and established City procedures;
WHEREAS, the COPS initiative requires that funds be used to supplement existing public safety resources and be expended in accordance with program guidelines and authorized departmental requests; and
WHEREAS, the San Bernardino Police Department has identified eligible public safety needs that will enhance front-line law enforcement operations;

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

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

SECTION 2. The City Manager, or designee, is hereby authorized to accept the FY 2025/26 COPS funds in the amount of $696,568.59.

SECTION 3. The Director of Finance and Management Services is hereby authorized to amend the FY 2025/26 Operating Budget to appropriate $696,568.59 in revenues and expenditures.

SECTION 4. The San Bernardino Police Department is hereby authorized to commit and expend the allocated FY 2025/26 COPS funds for eligible front-line public safety purposes in accordance with program guidelines.

SECTION 5. The Mayor and City Council find 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 Packet Page. 1330
Resolution No. 2026-063
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 3
rd day of June 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
Packet Page. 1331
Resolution No. 2026-063

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-063, adopted at a regular meeting held on the 3 rd day of June 2026 by the
following vote:

Telicia Lopez, CMC, City Clerk
Packet Page. 1332

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 3, 2026
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Approve and Execute Professional Service Agreement (PSA) with St. John’s Community Health for $1,694,702 (All Wards)
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 Professional Services Agreement (PSA) and subsequent amendments with St. John’s Community Health, a community-based organization, to provide services relating to the BSCC Prop 47 Grant project; and

2. Authorize the Director of Finance and Management Services to issue a purchase order in an amount not to exceed $1,694,702 with St. John’s Community Health.

City Manager's Comments
The City Manager requests City Council authorization to execute a PSA in the amount of up to $1,694,702 with St John’s Community Health under the Prop 47 grant project.

Executive Summary
The Department was awarded $3,294,537 under the Board of State and Community Corrections (BSCC) Proposition 47 Cohort 5 Grant. The grant requires a minimum of fifty percent pass-through to community-based organizations (CBOs) and is intended to support mental health services, substance use disorder treatment, and recidivism reduction. The Department identified $1,694,702 of grant funds to invest in relevant support programs. A recent Request for Qualifications (RFQ) identified St. John’s Community Health as the most suitable community-based organization for this grant project. The Department requests authorization for the City Manager to execute a Professional Service Agreement necessary to partner with St. John’s Community Packet Page. 1333
Health and fulfill grant requirements.

Background
On March 18, 2026, the Mayor and City Council adopted Resolution 2026-028 authorizing the City Manager to accept and execute the BSCC Proposition 47 Cohort 5 Grant agreement and subsequent amendments, and the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget with an appropriation of $3,294,537 in both revenues and expenditures in grant funds.

The City released RFQ F-25-6005 and identified St. John’s Community Health as the most qualified organization to provide supportive services for mental health services, substance use disorder treatment, and recidivism reduction support.

Discussion
The Police Department and City staff encounter a high number of individuals in the community who are susceptible to recidivism due to mental health, substance use, or housing challenges. This demonstrates the need for additional resources and expanded opportunities.

The BSCC Proposition 47 grant will help facilitate the expansion of wraparound services to those vulnerable to recidivism, mental health challenges, and substance use disorders. In the original grant application, the Department proposed using $1,694,702 of grant funds, slightly over the fifty percent requirement, to contract with CBOs to support mental health services, substance use disorder treatment, and reduce recidivism.

To fulfill this requirement, the City released RFQ F-25-6005, where promising organizations submitted their bids demonstrating their qualifications and capabilities of fulfilling grant requirements. The published RFQ sought organizations with experience in mental health services, substance use disorder treatment, case management, diversion programs, community engagement, partnership and coordination, performance monitoring, data reporting, and evaluation support. Following an extensive evaluation process on all RFQ bid submissions, St. John’s Community Health proved to be the best fit CBO and demonstrated the qualifications, capacity, and experience necessary to successfully implement the grant-funded services.

Submissions were evaluated in accordance with the published RFQ criteria, including organizational experience, program capacity, staffing, data reporting capability, and demonstrated ability to deliver BSCC Prop 47 grant-funded services. Below is a list of organizations who submitted responses:

RFQ Responses
Bigger Than You Inc.

IE Rebound
Inspire Together
Life Builders
Operation New Hope
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SBX Youth and Family Services
Something More
St. John's Community Health
The Exception
The LOVE Program
Young Visionaries Youth Leadership Academy
The agreement with St. John’s Community Health contains a term from January 1, 2026, through June 30, 2029, which includes three service delivery years followed by a six-month closeout for completion of grant evaluation deliverables to BSCC. St.

John‘s Community Health will be required to submit quarterly and timely reimbursement requests to the City for expenses already incurred. The vendor will only be reimbursed for services under this agreement that align with BSCC Prop 47 Grant Program goals. Staff will evaluate all reimbursement requests to ensure eligibility. 2021-2025 Strategic Targets and Goals
Acceptance of the BSCC Proposition 47 Cohort 5 Grant funds aligns with Mayor and City Council Strategic Goal No. 3 Improved Quality of Life by reducing the impacts of the unsheltered through coordinated engagement and collaboration with community partners and enhancing public safety service by reducing recidivism through wraparound services.

Fiscal Impact
There is no impact to the General Fund. Approving the PSA will result in an impact of $1,694,702 to the State Grant Fund, sufficient budget exists within the FY 2025/26 operating budget.

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

1. The City Manager to execute a Professional Services Agreement (PSA) and subsequent amendments with St. John’s Community Health, a communitybased organization, to provide services relating to the BSCC Prop 47 Grant project; and

2. The Director of Finance and Management Services to issue a purchase order in an amount not to exceed $1,694,702 with St. John’s Community Health.

Attachments
Attachment 1 – RFQual F-25-6005 Proposition 47 Grant Services Attachment 2 – PSA with St. John’s Community Health
Packet Page. 1335
Ward:

All Wards
Synopsis of Previous Council Actions:

March 18, 2026 - Acceptance of BSCC Proposition 47 Safe Neighborhoods and Schools Act Cohort 5 (All Wards)
CC: Eric Levitt, City Manager
Packet Page. 1336

CITY OF SAN BERNARDINO

REQUEST FOR QUALIFICATIONS
RFQUAL F-25-6005
PROPOSITION 47 GRANT PROGRAM SERVICES
Published:

June 3, 2025

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
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Page 2 of 41 ends

TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................. 2 NOTICE INVITING VENDOR QUALIFICATIONS ........................................................... 4

1. INTRODUCTION...................................................................................................... 6

2. BACKGROUND AND DESCRIPTION ..................................................................... 7

3. STATEMENT OF QUALIFICATIONS REQUIREMENTS......................................... 8 i. Contact Information........................................................................................ 8 ii. Content of SOQ.............................................................................................. 9 iii. Background and Experience .......................................................................... 9 iv. Fee Schedule................................................................................................. 9 v. Exceptions Certification................................................................................ 10 vi. Review and Selection Process..................................................................... 10 vii. Date, Time, and Place of Submission .......................................................... 11

4. EVALUATION AND AWARD OF CONTRACT....................................................... 11 i. Evaluation Criteria........................................................................................ 11 ii. Oral Presentations/Interviews ...................................................................... 12

5. GENERAL PROVISIONS....................................................................................... 13 i. Addenda....................................................................................................... 13 ii. Alternative Responses ................................................................................. 13 iii. Withdrawal of Response .............................................................................. 13 iv. Reservations ................................................................................................ 13 v. Standard Contract........................................................................................ 13 vi. Conflict Of Interest ....................................................................................... 14 vii. Non-Discrimination....................................................................................... 14 Packet Page. 1338

Page 3 of 41 ends

viii. Protest.......................................................................................................... 14 ix. Confidentiality of SOQ.................................................................................. 14 x. Prevailing Wage Requirements.................................................................... 15 EXHIBIT A..................................................................................................................... 16 EXHIBIT B..................................................................................................................... 21 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS ...................................... 40 REQUIRED BID SUBMITTALS CHECKLIST................................................................ 41 Packet Page. 1339

Page 4 of 41 ends

NOTICE INVITING VENDOR QUALIFICATIONS
PROJECT NO. RFQUAL F-25-6004
PROPOSITION 47 GRANT PROGRAM SERVICES
PUBLIC NOTICE IS HEREBY GIVEN that qualifications will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”) before 3:00 PM, June 22, 2025. Qualifications may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Qualifications received through any means other than PlanetBids, will be returned to the Vendor unopened.

The City of San Bernardino is issuing this Request for Qualifications (RFQUAL) to identify and pre-qualify community-based organizations (CBOs) with proven experience in delivering mental health or substance use disorder treatment services. Qualified organizations will be considered for subcontracting opportunities under the City's forthcoming application to the Proposition 47 Grant Program (Cohort 5), administered by the Board of State and Community Corrections (BSCC).

The City is seeking professional services to design, implement, and evaluate a comprehensive, evidence-based mental health and substance use treatment program. The program aims to reduce the address recidivism in relation to individuals experiencing challenges with mental health or substance use without contributing to mass incarceration. It will focus on identifying, engaging, and serving high-risk individuals through tailored interventions, including case management, conflict mediation, workforce readiness training, and reentry support.

Services will be delivered over a three-year period from January 1, 2026, to December 31, 2028.

Selected subcontractor will receive $1,500,000 to deliver key program components such as outreach, case management, trauma-informed services, and workforce development.

Subcontractors will also be required to report outcomes and actively participate in coordination and evaluation efforts as part of the Proposition 47 Grant Program funding requirements.

The award of contracts under this RFQUAL is contingent upon the availability of sufficient budget to support the proposed services. The City of San Bernardino reserves the right to reject any or all Statements of Qualifications if deemed not in the best interest of the City. Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations.

Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/.

In addition, a copy of the prevailing rate of per diem wages will be made available at the City Manager's Office upon request. The successful respondent shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Respondent to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid Statement of Qualifications, or enter into a contract to perform public work must be registered with the Department of Industrial Packet Page. 1340

Page 5 of 41 ends

Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the respondent and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. The contract awarded pursuant to this Statement of Qualifications may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Interested respondents may download copies of the Request for Qualifications (“RFQUAL”) by visiting the City’s website, www.sbcity.org. All addenda will be published on the City’s website.

For more information regarding the RFQUAL, please contact:

The Project Manager for the City regarding this request will be Jennifer Broadnax, Procurement Contract Specialist, Finance Department, Purchasing Division, (909)384-7272, Ext. 3241, [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor.
[END OF NOTICE INVITING VENDOR QUALIFICATIONS]
Packet Page. 1341

Page 6 of 41 ends

REQUEST FOR QUALIFICATIONS
FOR
PROPOSITION 47 GRANT PROGRAM SERVICES

1. INTRODUCTION
The City of San Bernardino (“City”) is seeking qualifications from community-based organizations (CBOs) (“Firm”) for professional PROPOSITION 47 GRANT PROGRAM SERVICES (“Services”) to be provided. The Services sought under this Request for Qualifications (“RFQUAL”) are set forth in more detail in Exhibit “A” attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit A, the final scope of Services negotiated between City and the successful Firm shall be set forth in the “Professional Services Agreement” (“Agreement”) executed by and between City and the successful Firm. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference.

This RFQUAL describes the Project, the required scope of Services, the consultant selection process, and the minimum information that must be included in the Statement of Qualifications (“SOQ”). This RFQUAL will request each Firm to concisely state its qualifications and its concept for how the Firm and City will develop a constructive and effective partnership.

The City is seeking a One-Million Five Hundred Thousand dollars ($1,500,000.00), three (3) calendar year agreement. The term of the agreement will be from January 1, 2026, to December 31, 2028, unless earlier terminated. The City reserves the right to review the successful Firm’s performance at the end of each year and cancel all or part of the agreement. With this funding, the Firm may only provide services to residents of the City of San Bernardino and must meet all of the following requirements both at the time of application and throughout the duration of the grant term, if awarded:
• Be duly organized, in existence, and in good standing* for at least twelve (12) months prior to the Statement of Qualifications submission deadline of August 18, 2025;
• Be recognized by the Internal Revenue Service as a 501(c)(3) nonprofit organization;
• Be registered with the California Secretary of State as a nonprofit organization, if applicable;
• Be registered with the California Attorney General’s Registry of Charitable Trusts, if applicable;
• Possess a valid Employer Identification Number (EIN); • Hold a valid business license;
• Have not filed for bankruptcy within the past seven years; Packet Page. 1342

Page 7 of 41 ends

• Possess any other state or local licenses or certifications required to provide the proposed services (e.g., facility licensing from the Department of Health Care Services), if applicable; and
• Maintain a physical address in California (P.O. Boxes are not accepted).

2. BACKGROUND AND DESCRIPTION
The City is a charter law city located in San Bernardino County, California.

The City is in need of Services for the following Project:

The City of San Bernardino, in collaboration with the Proposition 47 Grant Program, Cohort 5, seeks qualified organizations to implement a comprehensive, multi-year strategy to support Mental Health Services, Substance Use Disorder Treatment and Diversion Programs for People in the Criminal Justice System.

This project will focus on stabilizing individuals through mental health and substance use disorder treatment opportunities while diverting them from the criminal justice system The project will prioritize:
• Mental health services
• Substance use disorder treatment services
• Diversion Programs
• Individualized case management for wraparound support • Supplemental housing-related services and other community-based supportive services (e.g. job skill training, etc.)
• Robust data collection, evaluation, and continuous performance improvement Program requirements
All funded services must align with the BSCC Proposition 47 Cohort 5 guidelines, including:
• The use of evidence-informed practices.
• Development and implementation aligned with a clear logic model. • Prioritization of equity and culturally appropriate strategies. • A strong commitment to meaningful performance measurement and continuous quality improvement.

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Applicants are strongly encouraged to review the BSCC Proposition 47 Grant Program Requirements for Cohort 5 prior to submission
Preferred Organizational Qualifications
The City is seeking organizations that demonstrate the following qualifications:
• A minimum of two (2) years of experience implementing established supplemental housing-related services and other community-based supportive services (e.g. job skill training, mental health services, substance use disorder treatment, case management etc.)
• Capacity to maintain a caseload of at least 25 high-risk individuals and 50 youth annually.
• A staffing model that includes outreach workers with lived experience, clinical support staff, and program coordinators.
• The organizational capacity to meet monthly and quarterly reporting requirements in a timely and accurate manner.

One (1) community-based subcontractors will be awarded $1,000,000 to deliver essential components of the intervention model, including a variation of mental health or substance use disorder treatment accompanied by a form of case management and support services. The City will oversee monthly service planning and data review meetings to ensure accountability, promote service integration, and track measurable progress.

Additionally, an external evaluator will work collaboratively with the City and subcontractors to assess program effectiveness and support continuous quality improvement efforts. Program success will be measured by treatment completions and reduction in recidivism, as well as improvements in community trust, individual life outcomes, and neighborhood safety. Additional indicators of success will include increased participant engagement and retention, improved employment and educational outcomes among participants, greater access to mental health and substance use disorder treatment services. Together, these measures will provide a comprehensive view of the program’s impact on individuals and community well-being.

The City invites experienced community-based organizations and collaborative teams to submit qualifications demonstrating their ability to lead, implement, and expand this vital initiative.

3. STATEMENT OF QUALIFICATIONS REQUIREMENTS
Each SOQ shall include the information described in this section. Additional information may be provided but should be brief and relevant to the goals of this RFQUAL. The maximum length of the SOQ is 10 pages and should be printed on 8 ½ X 11-inch paper, with standard size font. The SOQ should be submitted in PDF format. i. Contact Information
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a. Name of the Firm.
b. Firm contact information including e-mail address.
c. Name, title, contact information for person authorized to contractually obligate the Firm.
ii. Content of SOQ
a. A brief statement of the Firm’s understanding of the scope of Services. b. Length of time the Firm has been in business.
c. Any other information the Firm feels is appropriate in response to this RFQUAL.
d. The signature of the person called out in Item 1.c above who is authorized to make offers of this nature in the name of the Firm submitting the SOQ. iii. Background and Experience
a. Describe the Firm’s background, business expertise/experiences, specialties, and capabilities to perform the scope of services described in this RFQUAL. Provide the name(s) of the key personnel who would be assigned to work on the Project and a summary of their education and experience to demonstrate their qualifications.
b. Describe any prior engagements in which the Firm assisted a public agency in services similar to those described in this RFQUAL. The City may request references prior to award.
c. Describe any characteristics of the Firm that would be uniquely relevant in evaluating the experience of the Firm to handle the proposed Project. d. As the City may need Services immediately upon the selection of a consultant, please describe how the Firm intends to prepare for and undertake the needed tasks. Explain any reasons that would prevent the Firm from undertaking this Project in short order. Provide information regarding the Firm’s current staffing, current workload, and availability to perform the Services.
iv. Fee Schedule
a. Provide a complete time and materials fee schedule for the Services provided by the Firm, including hourly rates for all proposed staff. Please include all costs that are typically billed separately as direct expenses (e.g. copy or document delivery fees). Prices provided by Firms in response to this RFQUAL are valid for 120 days from the SOQ due date. The City Packet Page. 1345

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intends to award the contract within this time but may request an extension from the Firms to hold pricing, until negotiations are complete, and the contract is awarded.
v. Exceptions Certification
a. In submitting a SOQ in response to this RFQUAL, the Firm is certifying that it takes no exceptions to this RFQUAL including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the SOQ and may be reason for rejection of the SOQ. As such, each Firm is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein. vi. Review and Selection Process
The responses to the RFQUAL will be reviewed by a selection committee likely to be comprised of City staff and third-party participants. Following review of the responses, the committee may elect to interview some or all of the respondents.

The tentative schedule is as follows:

ACTION DATE
Release of Request for Qualifications June 3, 2025
Last Day to Submit Questions for
Clarification received by the City before
3:00 PM
June 10, 2025
Clarifications Issued by City by the end of
the day
June 17, 2025
Deadline for Receipt of Statement of
Qualifications Statements of
Qualifications (SOQs) submitted before
3:00 PM
June 22, 2025
Evaluations of Statement of Qualifications
(SOQs) Completed
July 2025
Vendor Selections (Notification of
Qualified Firms)
July 2025
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Notification of Intent to Award July 2025
City Council Approval of Award September 2025
Execution of Agreement September 2025
The above scheduled dates are tentative, and the City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFQUAL at any time. vii. Date, Time, and Place of Submission
SOQs must be received via PlanetBids.com before 3:00 PM on June 22, 2025.

Submission of SOQs by facsimile or e-mail is not acceptable. LATE SUBMISSIONS WILL NOT BE ACCEPTED.

Modifications of SOQs received after the deadline specified in this section will not be considered.

4. EVALUATION AND AWARD OF CONTRACT
i. Evaluation Criteria
Evaluation of RFQUAL’s will be based on the competitive selection process, in which the evaluation of RFQUAL’s will not be limited to price alone. Technical merits and evaluation of how well the Firm understands the Project will be taken into consideration.

The following criteria will be considered in evaluating each SOQ:

1. Qualification, experience and technical competence of the Firm;

2. Qualification, experience and technical competence of key Firm personnel who will be responsible for overseeing and performing the work requested in the RFQUAL;

3. Familiarity with the type of issues, sensitivities, and challenges associated with the engagement;

4. Demonstrated ability to perform tasks timely and efficiently and to immediately undertake the Project;

5. Quality of written work; and
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6. Exceptions, if any, taken to the RFQUAL including, without limitation, the Agreement.

7. Cost of requested Services and willingness to work with City to minimize costs.

8. Experience with High-Risk Populations – Demonstrated success in engaging and supporting individuals with a criminal history, including those who are formerly incarcerated, experiencing challenges with mental health or substance use disorder or are unhoused.

9. Cultural Competency & Trauma-Informed Care – Proven ability to implement culturally responsive and trauma-informed practices that are tailored to the lived experiences of the target populations.

10. Data Collection & Reporting Capacity – Demonstrated experience utilizing data management systems (e.g., HMIS or equivalent platforms) and the ability to collect, track, and report outcome metrics required by BSCC Proposition 47 guidelines.

11. Evaluation Readiness – Commitment to participating in process and outcome evaluations, including timely data sharing, administration of staff surveys, collection of client feedback, and active coordination with external evaluators.

12. Case Management System – A robust and structured system for needs assessment, individualized service planning, progress tracking, and outcome documentation for program participants.

13. Community Trust & Partnerships – Evidence of established and trusted relationships within the community, particularly with key referral partners such as hospitals, schools, law enforcement, and social service agencies.

14. Staffing & Organizational Stability – Demonstrated staff qualifications, ongoing training protocols, strong management infrastructure, and low staff turnover rates to support program delivery in high-risk environments.

15. Budget & Cost Effectiveness – A clear, realistic, and performance-aligned budget directly tied to program activities, demonstrating efficient use of resources and flexibility to adjust based on client needs and performance outcomes.

16. Innovation and Adaptability (Bonus Criterion) - Demonstrated ability to innovate service delivery models, adapt strategies based on community needs and emerging best practices, and integrate new approaches that enhance violence prevention outcomes.
ii. Oral Presentations/Interviews
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The top 5 most qualified firms as evidenced by SOQ may be invited for an oral interview/presentation.

5. GENERAL PROVISIONS
i. Addenda
The City may modify this RFQUAL prior to the date fixed for SOQ submission by issuance of an addendum. All addenda shall be posted to www.PlanetBids.com. It shall be each Firm’s sole responsibility to ensure that they have received and/or reviewed all addenda prior to submission of their SOQ.
ii. Alternative Responses
Only one final SOQ is to be submitted by each Firm in response to this RFQUAL. Multiple SOQs will result in rejection of all SOQs submitted by the Firm. iii. Withdrawal of Response
The Firm may withdraw its SOQ in response to this RFQUAL by doing so at www.PlanetBids.com prior to the time and date specified for submission to the City at the web address listed above.

SOQs may be withdrawn and resubmitted in the same manner if done so before the SOQ submission deadline. Withdrawal or modification offered in any other manner will not be considered.
iv. Reservations
The City reserves the right to cancel this RFQUAL at any time prior to contract award without obligation in any manner for any Firm’s SOQ preparation, interview, fee negotiation or other marketing costs associated with this RFQUAL.

The City may reject any or all SOQs and may waive any immaterial deviation in a SOQ.

The City’s waiver of an immaterial defect shall in no way modify the RFQUAL or excuse the Firm from compliance with the other provisions of this RFQUAL.

The City reserves the right to contract for the Services in the manner that most benefits the City including awarding more than one contract if desired.

All costs incurred in the preparation of the SOQ, in the submissions of additional information and/or in any other aspect of a SOQ prior to the award of a written contract will be borne by the Firm.

All SOQs submitted to the City in response to this RFQUAL shall become the property of the City.
v. Standard Contract
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Prior to the performance of any Services, the City and the selected Firm shall enter into a written contract using the attached Agreement. If the Firm fails or refuses to enter into a written contract, the City may, in its sole discretion, proceed to enter into a written contract with the next highest ranked Firm(s) or may reject all SOQs and determine whether it is in the City’s best interests to reissue the RFQUAL. vi. Conflict Of Interest
As a City consultant, the Firm or its key personnel for this Project may be subject to the conflict of interest provisions of the Political Reform Act, Government Code section 1090, and other conflict of interest and public ethics laws.
vii. Non-Discrimination
The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract. viii. Protest
Should any Firm protest the award to the Firm offering the most advantageous Statement of Qualifications after consideration of all Evaluation Criteria, such protest must be made in writing to the Purchasing Agent. All protests must be filed and will be adjudicated in compliance with the City Municipal Code Section “I-2-3.19 –Bid Protest”. ix. Confidentiality of SOQ
Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, SOQs submitted in response to this RFQUAL shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Firm have completed negotiations and entered into an Agreement or City has rejected all SOQs. All correspondence with the City including responses to this RFQUAL will become the exclusive property of the City and will become public records under the California Public Records Act. Furthermore, the City will have no liability to the Firm or other party as a result of any public disclosure of any SOQ or the Agreement.

If a Firm desires to exclude a portion of its SOQ from disclosure under the California Public Records Act, the Firm must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption – failure to include the legal basis for the exemption shall be deemed a waiver of the Firm’s right to preclude the City’s release of the requested SOQ in response to a Public Records Act request. For example, if a Firm submits trade secret information, the Firm must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City is not in a position to establish that the information that Packet Page. 1350

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a Firm submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary”, the City will provide Firms who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction.
x. Prevailing Wage Requirements
Firms shall take cognizance of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public work” and “maintenance” projects. The Firms must agree to fully comply with and to require its subcontractors/subconsultants to fully comply with such Prevailing Wage Laws to the extent applicable.
[END OF SECTION]
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EXHIBIT A

SCOPE OF SERVICES
Proposition 47 Program (BSCC Proposition 47 Grant Program Cohort 5) Project Overview
The Subcontractor shall implement services under the City of San Bernardino’s Proposition 47-funded initiative from January 1, 2026, through December 31, 2028. The program’s mission is to prevent retaliatory and network-based violence through traumainformed, community-centered interventions delivered by culturally competent professionals. Services will focus on individuals most at risk of being victims or perpetrators of violence.

The City will monitor program implementation, receive regular data and progress updates, and coordinate across partners to ensure fidelity to the intervention model.

Services will be delivered in accordance with the BSCC Proposition 47 Cohort 5 funding priorities and performance metrics. Subcontractors are expected to maintain service fidelity, ensure quality assurance across activities, and adhere to BSCC Proposition 47 data collection standards. Funding is contingent upon meeting minimum service thresholds, data reporting compliance, and participation in coordinated planning and evaluation. Subcontractors that do not meet performance benchmarks may be subject to contract modification, reduction in scope, or termination.

Key Subcontractor Activities

1. Mental Health Services and/or Substance Use Disorder Treatment • Conduct outreach and engagement with individuals in need of services or treatment relating to mental health or substance use disorders • Respond to referrals for individuals in need of services or treatment relating to mental health or substance use disorders
• Employ de-escalation strategies, mediation, and safe passage efforts. • Participate in City-led service coordination and performance management meetings.
• Engage individuals and families impacted by mental health or substance use disorders.
• Maintain documentation of patient assistance using City-approved templates or tools.

2. Case Management
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• Maintain a caseload of at least 25 high-risk participants per year • Conduct five high-quality client contacts per week (at least two in person). • Create and maintain “Service Plans” for clients addressing personal goals relating to their challenges.
• Provide support services including relocation, mentoring, and referrals for substance use, housing, and mental health.
• Ensure 75% of clients are referred through service coordination meetings or community engagement.
• Complete initial intake assessments within 7 business days of enrollment.

3. Diversion Programs
• Program to support alternatives to traditional criminal prosecution that aim to guide individuals into supportive services
• Provide or connect participants to vocational training, job placement assistance, and continuing education programs.
• Support rehabilitation and long-term stability
• Track program outcomes post-placement

4. Community Engagement
• Develop and implement localized engagement plans including cultural and wellness events.
• Promote participation of individuals at highest risk and trusted community leaders in public safety and healing strategies.
• Submit monthly engagement reports including activities and outreach strategies. • Include community feedback and suggestions from event participants in monthly reports.

5. Partnership and Coordination
• Collaborate with local stakeholders, including schools, hospitals, faith-based organizations, and law enforcement (as appropriate).
• Share promising practices and lessons learned.

6. Performance Monitoring & Data Reporting
• Track and report services, participant progress, and outcomes using City’s approved system.
• Contribute data on the following BSCC Prop 47 metrics:
o Individuals’ information that includes topics relating to demographics, education, employment, criminal history, and program participation Packet Page. 1353

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o Reduction in victimization, recidivism, and justice system contact o Improvement in client life satisfaction and mental well-being • Submit monthly and quarterly reports with supporting documentation as outlined in the City’s invoicing and reimbursement guidelines.
• Data must be entered into the City's approved system within 3 business days of service delivery.

7. Evaluation Support
• Collaborate with an external evaluator to assess program effectiveness. • Participate in surveys, qualitative assessments, and interviews as part of a formal outcome and process evaluation.
• Subcontractors must:
o Support the collection of pre- and post-intervention surveys. o Participate in biannual fidelity assessments.
o Submit participant narratives or case studies upon request. o Use City-approved assessment tools (e.g., client risk/needs assessment, mental health/substance use history questionnaire)
o Support qualitative interviews with clients or staff to evaluate program impact and barriers.
• Address any corrective actions or evaluation findings within 30 days of notice.

8. Program Objectives (2025–2028)
• Enroll 75 high-risk individuals in case management and prevention services over the three-year grant period.
• Maintain a 70% participant retention rate annually across case management and prevention tracks.

All services must reflect a commitment to equity, cultural responsiveness, and traumainformed care in alignment with BSCC Proposition 47 Cohort 5 guidance.

Schedule of Charges & Reimbursement
The Consultant shall submit complete and timely monthly invoices no later than the 10th calendar day of each month for services performed in the preceding month, along with supporting documentation for every project-related expense, in accordance with Section 4 of the Agreement.

All documentation must clearly identify the funding source (BSCC Proposition 47 Cohort 5) on invoices or attachments.

If the Consultant fails to provide complete supporting documentation for any projectrelated expense in a submitted invoice, the City reserves the right to withhold payment on the affected portions of the invoice until all required documentation is received and approved.

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Consultant invoices must include a detailed description of services performed and the associated time for completion.

The City shall remit payment for approved invoices within forty-five (45) days from receipt of a complete and acceptable invoice package.

Required Supporting Documentation by Expense Type:

Personnel Cost
(Documentation related to salaries, wages, and fringe benefits for staff assigned to the Proposition 47 project.)
• Staff allocation sheet reflecting project work.
• Timesheets showing percentages of time worked on the project, signed and dated by both employee and supervisor.
o Electronically submitted timesheets are acceptable if they include supervisor approval (wet signature or electronic).
• Payroll register or copies of processed paychecks.
• Invoices and proof of payment (e.g., canceled check, bank statement) for fringe benefits, if applicable.

Contractual Services
(Documentation related to consultants, vendors, and subcontracted services.) • Signed invoices indicating the service period, services provided, and number of hours billed (if applicable).
• Proof of payment (copy of canceled check and matching bank statement) for all consultants and vendors, including address and contact information. • For subcontractors: submit a copy of the subcontractor’s invoice, canceled check, and corresponding bank statement.

Participant-Related Costs
(Documentation related to expenses for program participants such as incentives, supplies, or transportation.)
• Invoices include date, company name, address, contact information, and itemized costs.
o All invoices and receipts must be dated within the month for which the expenditure report is submitted.
• Proof of payment (e.g., canceled check, bank statement, credit card receipt). • For gift cards, prizes, gifts, or other incentives:
o Submit a distribution form identifying recipients, item amounts, and signatures.
o Maintain proof of receipt signed by the client or family member, including the recipient's name, date, item source and amount, and relationship to the client (if applicable).
o Submit copies of the front and back of each distributed gift card showing serial numbers.

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• For program events and field trips:
o Submit sign-in sheets with event name, date, and location.

Other Costs
(Documentation for miscellaneous project expenses not covered under other categories.) • Invoices that include date, company name, and itemized costs. • Receipts for all purchased items, dated within the applicable month. • Proof of payment (copy of canceled check, bank statement, or credit card receipt).

Consultant shall submit complete and timely monthly invoices no later than the 10th calendar day of each month for services performed in the preceding month. Said invoice shall be based on the total of Consultant's services which have been completed to City's sole satisfaction.

City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion.
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EXHIBIT B

CITY OF SAN BERNARDINO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT DATE***], 2025 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF

ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

PROPOSITION 47 GRANT PROGRAM (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their Statement of Qualifications. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant Packet Page. 1357

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further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***]. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval.

Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”).

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.

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b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B”, and incorporated herein by this reference. [***IF NO PERFORMANCE INDICATORS WILL BE USED DELETE THE ABOVE LANGUAGE AND ACCOMPANYING EXHIBIT B***]

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to assign or to transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

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a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

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c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

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f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Aviation and/or Drone Liability
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation and/or Drone Liability $1,000,000 per occurrence limit (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
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Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

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k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and Packet Page. 1365

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harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Packet Page. 1366

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Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification Packet Page. 1367

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and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Consultant shall assign an employee as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***]
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]
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30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

36. Time of Essence. Time is of the essence for each and every provision of this Agreement.

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

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38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

44. Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.

This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after Packet Page. 1370

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Mayor and City CouncilJune 3, 2026

Mayor and City Council
June 3, 2026