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HomeMy WebLinkAbout08-05-2020 Agenda Packet CITY OF SAN BERNARDINO AGENDA F OR THE R EGULAR M EETING OF THE M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S UCCESSOR H OUSING A GENCY TO THE R EDEVELOPMENT A GENCY, AND M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE H OUSING A UTHORITY WEDNESDAY, AUGUST 5, 2020 5:30 PM CLOSED SESSION 7:00 OPEN SESSION W EB-C ONFERENCE V IA Z OOM WWW.SBCITY.ORG IMPORTANT COVID-19 NOTICE IN AN EFFORT TO PROTECT PUBLIC HEALTH AND PREVENT THE SPREAD OF COVID-19 (CORONAVIRUS) AND TO ENABLE APPROPRIATE SOCIAL DISTANCING, THE MAYOR & CITY COUNCIL MEETING WILL NOT BE OPEN TO PUBLIC ATTENDANCE. THE CITY OF SAN BERNARDINO ENCOURAGES THE PUBLIC TO VIEW THIS MAYOR & CITY COUNCIL MEETING ON TELEVISION OR ONLINE. 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IF YOU HAVE ANY QUESTIONS PLEASE -384-5002. http://edocs.sbcity.org/WebLink/Browse.aspx?id=4077885&dbid=0&repo=SB Regular Meeting Agenda August 5, 2020 Theodore Sanchez James Mulvihill John Valdivia M AYOR M AYOR P RO-T EM, W ARD 1 C OUNCIL M EMBER, W ARD 7 Sandra Ibarra Teri Ledoux C OUNCIL M EMBER, W ARD 2 C ITY M ANAGER Juan Figueroa Sonia Carvalho C OUNCIL M EMBER, W ARD 3 C ITY A TTORNEY Fred Shorett Genoveva Rocha C OUNCIL M EMBER, W ARD 4 A CTING C ITY C LERK Henry Nickel C OUNCIL M EMBER, W ARD 5 Bessine L. Richard C OUNCIL M EMBER, W ARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o -5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o going to www.sbcity.org. CALL TO ORDER Attendee Name Present Absent Late Arrived Mayor Pro-Tem, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Henry Nickel Council Member, Ward 6 Bessine L. Richard Council Member, Ward 7 James Mulvihill Mayor John Valdivia Acting City Clerk Genoveva Rocha City Attorney Sonia Carvalho City Manager Teri Ledoux Mayor and City Council of the City of San Bernardino Page 2 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): Mirna Cisneros, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Three cases - Tort claims filed by Karen Cervantes (dated February 12, 2020), Don Smith (dated March 31, 2020) and Jackie Aboud (dated April 27, 2020) (C) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957): City Clerk (D) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative(s): Director of Human Resources Unrepresented Employee: City Clerk (E) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: Property Address: Two (2) parcels, approximately 0.72 acres, of vacant real property located at 757 and 761 North Mt. Vernon Avenue, APNs 0139-291-60 and 0139-291-61 Agency Negotiator: Teri Ledoux, City Manager Negotiating Parties: Mat Baburyan, trustee of the Mat Baburyan Revocable Trust dated February 21, 2017 Under Negotiation: Price and Terms of Purchase Mayor and City Council of the City of San Bernardino Page 3 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. Route 66 Complete Street Improvements (CalTrans) 2. SBPD 2020 Mid-Year Review PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA STAFF REPORTS 3. League of California Cities Annual Conference Delegate and Alternates Recommendation Approve the selection of a delegate and up to two alternates for the League of California Cities Annual Conference on October 7-9, 2020, which will be held via a virtual event due to the many unknown risk factors related to the COVID-19 pandemic. 4. First Reading of Ordinance Increasing Number of Cannabis Business Permits and Adoption of Resolution Concerning Types of Cannabis Businesses Permitted, Trade-In of Certain Permits for Microbusiness Permits for Businesses Operating as of August 31, 2020 and Direction Concerning Guideline Amendments for Permit Processing Deadlines Causing Forfeiture of Applications Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Accept for first reading, Ordinance MC-1541 allowing for a total of 17 Retail/Micro Businesses and an unlimited number of businesses in other Identified Categories; and 2. Adopt Resolution 2020-190, concerning types of cannabis businesses, allowing trade-in of permits for microbusiness permit if open by August 31, 2020, establishing deadlines to process applications or face forfeiture of applications and providing direction to adopt Guidelines. Mayor and City Council of the City of San Bernardino Page 4 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 PUBLIC HEARINGS 5. Public Hearing on Annexation No. 4 to Community Facilities District 2019-1 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2020-184 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 4); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2020-185 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 4); and 5. Introduce Ordinance No. MC-1538 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2020-21 to pay the annual costs of the maintenance and servicing of landscaping, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No MC-1538 for August 19, 2020. 6. Public Hearing on Annexation No. 5 to Community Facilities District 2019-1 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2020-187 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 5); and 3. Hold a special landowner election and canvass the election; and Mayor and City Council of the City of San Bernardino Page 5 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 4. Adopt Resolution No. 2020-188 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 5); and 5. Introduce Ordinance No. MC-1539 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2020-21 to pay the annual costs of the maintenance and servicing of landscaping, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No MC-1539 for August 19, 2020. 7. Annexation No. 1 to Community Facilities District 2018-1 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2020-193 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), and calling elections therein; 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2020-194 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying the results of the August 5, 2020 annexation and special tax election. 8. Proceedings to Form Proposed CFD No. 2020-1 (Rancho Palma) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2020-195 of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding and Acquisition Agreement; and Mayor and City Council of the City of San Bernardino Page 6 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 3. Adopt Resolution No. 2020-196 of the Mayor and City Council of the City of San Bernardino, California, determining the necessity to incur a bonded indebtedness for Community Facilities District No. 2020-1 (Rancho Palma), submitting to the qualified electors of the Community Facilities District a proposition to authorize the levy of a special tax therein, to authorize such Community Facilities District to incur a bonded indebtedness secured by the levy of a special therein to finance certain types of public facilities and to establish an appropriations limit for such Community Facilities District and calling a special election for the Community Facilities District on a proposition for incurring such bonded indebtedness; and 4. Adopt Resolution No. 2020-197 of the Mayor and City Council of the City of San Bernardino, California calling a special election and submitting to the voters of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino propositions regarding the annual levy of special taxes within the Community Facilities District to pay principal of and interest on bonds thereof and to pay the costs of public facilities and establishing an appropriations limit thereof; and 5. Adopt Resolution No. 2020-198 of the Mayor and City Council of the City of San Bernardino, California declaring the results of the consolidated special elections within Community Facilities District No. 2020-1 (Rancho Palma); and 6. Introduce, read by title only, and waive further reading of Ordinance MC-1540 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of Community Facilities District No. 2020-1 (Rancho Palma), authorizing the levy of special taxes in such community facilities district. 9. Vehicle Miles Traveled (VMT) Thresholds of Significance Recommendation Adopt Resolution No. 2020-191 of the Mayor and City Council of the City of San - Miles Traveled (VMT) Thresholds of Significance and Associated Guidelines under the California Environmental Quality Act; and finding that the action is not a Environmental Quality Act (Attachment 1). CONSENT CALENDAR 10. Approval of Commercial and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for June 2020. Mayor and City Council of the City of San Bernardino Page 7 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 11. Monthly Investment Portfolio Report for June 2020 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for June 2020. 12. Bryce Hanes Park Agreement Between the City of San Bernardino and San Bernardino Valley Municipal Water District Recommendation Adopt Resolution No. 2020-169 of the Mayor and City Council of the City of San Bernardino, California, 1. Approving a cooperative agreement between the City of San Bernardino and San Bernardino Valley Municipal Water District terminating the Joint Exercise of Powers Agreement, dissolving the San Bernardino Regional Water Resources Authority, and providing for the long-term maintenance of Bryce Hanes Park; and 2. Approving a grant assignment agreement between the San Bernardino Regional Water Resources Authority and the City of San Bernardino. 13. Health Benefits Plan Year 2021 Recommendation Adopt Resolution No. 2020-179 of the Mayor and City Council of the City of San Bernardino, California, approving the City health benefit plan options for plan year 2021. 14. Risk Management Excess General Liability Insurance Program Outcome and Option Selected Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the selection of a provider for excess general liability insurance. 15. Agreement for Deceased Animal Removal Services Recommendation Adopt Resolution No. 2020-180 of the Mayor and City Council of the City of San Bernardino, California, authorizing an agreement between the City of San Bernardino and TLC Animal Removal Services and a Purchase Order in the amount of $48,000 for removal and disposal of deceased animals 16. Resolution to Accept and Administer the FY 2020/21 Alcoholic Beverage Control (ABC) Grant Recommendation Adopt Resolution No. 2020-181 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2020/21 Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership (APP) grant and authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget effective July 1, 2020. Mayor and City Council of the City of San Bernardino Page 8 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 17. Resolution Accepting the FY 2019/20 Federal Railroad Administration Railroad Trespassing Enforcement Grant Recommendation Adopt Resolution No. 2020-182 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2019/20 Federal Railroad Administration Railroad Trespassing Enforcement Grant and authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget. 18. Irrevocable Agreement to Annexation No. 2019-006 Recommendation Adopt Resolution No. 2020-183 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property within an unincorporated th territory located at 604 West 40 Street (APN 0265-272-11) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. 19. Street Vacation of Portions of 4TH Street Recommendation Adopt Resolution 2020-192 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a public hearing to order th the vacation of portions of 4 Street, between the intersections of Cabrera Avenue and Mt. Vernon Avenue, and the reservation of utilities therein. 20. Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 6 Recommendation Adopt Resolution No. 2020-186 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. 6) and authorizing the levy of a special taxes therein. ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED Mayor and City Council of the City of San Bernardino Page 9 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 ADJOURNMENT The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to a Special Meeting to be held on Wednesday, August 19, 2020 via web-conference. The Special Meeting will begin at 4:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the August 5, 2020 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the Ci I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, Acting City Clerk Mayor and City Council of the City of San Bernardino Page 10 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 NOTICE: The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Mayor and City Council of the City of San Bernardino Page 11 Printed 8/1/2020 3 Staff Report City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager Subject: League of California Cities Annual Conference Delegate and Alternates Recommendation Approve the selection of a delegate and up to two alternates for the League of California Cities Annual Conference on October 7-9, 2020, which will be held via a virtual event due to the many unknown risk factors related to the COVID-19 pandemic. Background The League of California Cities Annual Conference will be held on October 7-9, 2020. One very important aspect of the Annual Conference is the General Business Meeting when the membership takes action on conference resolutions that establish League policy. Annual conference resolutions guide cities and the League in efforts to improve the quality, responsiveness and vitality of local government in California. To expedite the conduct of business at the above referenced policy-making meeting, the League has requested that each City designate a voting representative and up to two alternate voting delegates. At least one must be present during the virtual Business Meeting on Friday, October 9, 2020 and in possession of the voting card in order to cast a vote. Voting delegates must be designated as soon as possible so that proper records can be eptember 30, 2020. Discussion Select a delegate and up to two alternates for the League of California Cities Annual Conference. 2020-2025 Key Strategic Targets and Goals Selecting a voting delegate and attending the General Business Meeting at the League of California Cities Conference aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community. Fiscal Impact None. Packet Pg. 12 Page 1 3 6830 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of a delegate and up to two alternates for the League of California Cities Annual Conference on October 7-9, 2020, which will be held via a virtual event due to the many unknown risk factors related to the COVID-19 pandemic. Attachments Attachment 1 League of California Cities 2020 Annual Conference Voting Delegate/Alternate Form Packet Pg. 13 Page 2 3.a Attachment: Annual Conf.Delegate Form. Attach2 (6830 : League of California Cities Annual Conference Delegate and Alternates) Packet Pg. 14 3.a Attachment: Annual Conf.Delegate Form. Attach2 (6830 : League of California Cities Annual Conference Delegate and Alternates) Packet Pg. 15 3.a Attachment: Annual Conf.Delegate Form. Attach2 (6830 : League of California Cities Annual Conference Delegate and Alternates) Packet Pg. 16 3.a Attachment: Annual Conf.Delegate Form. Attach2 (6830 : League of California Cities Annual Conference Delegate and Alternates) Packet Pg. 17 4 Staff Report City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Michael Huntley, Director of Community & Economic Development Subject: Cannabis Ordinance Increasing Permits and Resolution Concerning Types of Permits Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Accept for first reading, Ordinance MC-1541 allowing for a total of 17 Retail/Micro Businesses and an unlimited number of businesses in other Identified Categories; and 2. Adopt Resolution 2020-190, concerning types of cannabis businesses, allowing trade-in of permits for microbusiness permit if open by August 31, 2020, establishing deadlines to process applications or face forfeiture of applications and providing direction to adopt Guidelines. Background At the Mayor and City Council meeting of June 17, 2020, staff was given direction to increase the maximum number of Commercial Cannabis Business permits allowed in the City and to permit up to a maximum of 17 Retail and Microbusiness permits combined and also allow for an unlimited number of permits in other categories. Additionally, staff was given direction to allow Commercial Cannabis Businesses that are open and operating prior to August 31, 2020 the opportunity to transition to a Microbusiness. Discussion Under Chapter 5.10, to operate a Commercial Cannabis Business in the City, a person must obtain a valid Commercial Cannabis Business (CCB) Permit from the City and a valid license for the cannabis operation from the State (SBMC, § 5.10.060). The City offers six types of permits: cultivation; distribution; manufacturing; microbusiness; retail; and testing. (SBMC, § 5.10.060). Chapter 5.10 currently caps the number of CCB Permits that the City may issue at one permit per every 12,500 residents, based on population reports from the State Department of Finance (SBMC, § 5.10.080). The total cap is therefore 17 permits, based on a January 2017 population report. This cap may Packet Pg. 18 Page 1 4 6835 be increased by ordinance of the Mayor and City Council (SBMC, § 5.10.080). At the June 17, 2020 meeting, the Mayor and the City Council provide direction to increase the cap. First Reading of Ordinance to Increase Maximum Number of Cannabis Permit. Chapter 5.10 authorizes the City Council to establish the maximum number of Commercial Cannabis Business permits allowed in the City. This number must be set by adoption of an Ordinance. The proposed Ordinance provides that the City will permit up to a maximum of 17 retail and microbusiness permits combined and will allow for an unlimited number of permits for the other business categories identified as cultivation, distribution, testing and manufacturing. The City will continue to work with the 16 originally approved applications, three of which are fully operational. City staff will be proposing revised Procedure Guidelines to address applications and final selection for additional applicants beyond the existing 16. No applications beyond the 16 already accepted will be processed until Procedure Guidelines are adopted by Resolution of the City Council at a future City Council meeting. Proposed Resolution Concerning Categories, Permit Processing Deadlines and Guideline Direction. Chapter 5.10 of the San Bernardino Municipal Code provides that the City Council may establish various categories for Commercial Cannabis Businesses and authorizes the Council to establish rules and procedures. The Resolution establishes that the City can have up to 17 retail and microbusinesses and an unlimited number in other categories. It also establishes permit processing deadlines which can result in forfeitures of permits. The deadlines set forth in the Resolution may be further refined in the Procedure Guidelines which staff will present to the Council upon the second reading of the Ordinance. The Resolution provides direction for staff to prepare the proposed Procedure Guidelines. Staff believes that it is in the best interest of the City, and current and future applicants to establish and impose deadlines on applicants whose applications are approved so they can seek a final permit, but who have been slow to open their business. There may be various reasons why some of the permittees have been slow to proceed; however, staff contends that a performance provision should have been included in the original Procedure Guidelines to ensure progress and the opening of revenue generating businesses. Staff is therefor applicants that were awarded a CCB in February 2019. Staff proposes they should have three months from the date to be stated in the Procedure Guidelines. If the awarded applicant is not able to secure a location and submit tenant improvement plans to the City for review within the allotted time frame, the applicant will forfeit their application. The intent of this proposed provision is to move stalled applicants along, and if they cannot proceed in a reasonable time frame, open the available permits up to other prospective applicants who have the ability to secure a location and establish a Commercial Cannabis Business. Additionally, staff is also proposing a new 12-month deadline for new applicants once a process is identified and opened up. The 12-month deadline begins from the date the permit is awarded. This is intended to provide ample time for an applicant to proceed with securing a location, and submitting for their tenant improvements. Moreover, the Packet Pg. 19 Page 2 4 6835 timeframe emphasizes to applicants that they must diligently pursue the establishment of their Commercial Cannabis Business, or risk the chance of losing their permit. The lack of a performance provision has impacted the projected cannabis tax revenue that the City was expecting to receive as a result by permitting Commercial Cannabis Businesses in the city. Award Existing Operators Opportunity to Operate as Microbusinesses. The City awarded five Microbusiness permits in February 2019. To date, not a single Microbusiness is operating. One Microbusiness applicant experienced a delay due to relocation and is now preparing to begin operations. The three operators who are open for business and generating tax revenue (1-distribution and 2-retail) have demonstrated the ability to open, operate and do business. The City can further its goals by offering each of the two businesses the opportunity to operate as Microbusinesses. The -permit under which they are operating for a microbusiness permit. The intent is not to provide an additional permit or to allow for a trade-in of a non-operational permit. Only those who are operating under a specific permit will be eligible for the trade-in. If the City Council adopts the proposed Resolution and conducts the First Reading of the Ordinance, it will establish new policy and provide direction to the staff for the preparation and amendment of the Procedure Guidelines. Staff intends to present the revised Procedure Guidelines to the Council at the same meeting when the City Council conducts the second reading and adopts the Ordinance. Financial Impact Commercial Cannabis Business Permit applicants are required to pay an application fee to rec Commercial Cannabis Business Permits are issued and businesses are operating, it is anticipated the City will receive revenues related to the business activities. 2020-2025 Key Strategic Targets and Goals The proposed changes presented tonight as exhibited through the Ordinance and Resolution are consistent with Key Target No 1: Financial Stability. Specifically, improving the Commercial Cannabis Business procedures and the code provisions that regulate commercial cannabis, should improve the process thereby allowing the City to capture cannabis revenue. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Accept for first reading, Ordinance MC-1541 allowing for a total of 17 Retail/Micro Businesses and an unlimited number of businesses in other Identified Categories; and 2. Adopt Resolution 2020-190, concerning types of Commercial Cannabis Businesses, allowing trade-in of permits for microbusiness permit if open by Packet Pg. 20 Page 3 4 6835 August 31, 2020, establishing deadlines to process applications or face forfeiture of applications and providing direction to adopt Procedure Guidelines. Attachments Attachment 1 Ordinance MC-1541 Attachment 2 Resolution 2020-190 Ward: All Synopsis of Previous Council Actions: June 17, 2020 City Council meeting, staff was given direction to increase the maximum number of Commercial Cannabis Business permits allowed in the City and to permit up to a maximum of 17 Retail and Microbusiness permits combined and also allow for an unlimited number of permits in other categories. Packet Pg. 21 Page 4 4.a ORDINANCE NO. MC-1541 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE MAXIMUM NUMBER OF CANNABIS BUSINESS PERMITS AUTHORIZED PURSUANT TO SECTION 5.10.80 OF THE SAN BERNARDINO MUNICIPAL CODE WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance No. MC-1464 approving Chapter 5.10 of the City of San Bernardino Municipal Code to regulate Commercial Cannabis Activities; WHEREAS, on April 4, 2018, the Mayor and City Council established review criteria, procedures and maximum number of commercial cannabis business types for the implementation of Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code; WHEREAS, on September 5, 2018, the Mayor and City Council adopted Ordinance No. MC-1503, amending Chapter 5.10 of the City of San Bernardino Municipal Code related to the regulation of Commercial Cannabis Activities; which was subsequently approved by the registered voters on November 6, 2018; and WHEREAS, Section 5.10.080 of the San Bernardino Municipal Code states that the number of cannabis businesses that shall be permitted to operate in the City shall be established by Resolution of the Mayor and City Council but at no time shall the total number of permits for all license types exceed one (1) permit per twelve thousand five hundred (12,500) residents of the City as determined by the most recent Population Estimates for Cities, Counties and the State Report generated by the State Department of Finance for the most recent year, unless the Mayor and City Council adopt an ordinance allowing for a greater number of total permits and on June 17, 2020, the Mayor and City Council directed City Staff to prepare an ordinance to increase the number of cannabis business permits to allow for up to 17 retail permits, which total number is to include microbusiness permits, and allow for an unlimited number of permits in the other business categories approved by the City Council in accordance with Chapter 5.10 of the City of San Bernardino Municipal Code; NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein. Attachment: CED.Cannabis.Ordinance MC-1541 - Max Number Lic (6835 : Cannabis Ordinance Increasing Permits and Resolution Concerning Packet Pg. 22 4.a Ordinance No. MC-1541 SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of and this Ordinance No. MC- 1541 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment. SECTION 3. Amendment to Section 5.10.80. Section 5.10.80 of the San Bernardino Municipal Code is hereby amended to add a subsection (c) to read as follows: c) In accordance with the first paragraph of this Section 5.10.80, the City Council has elected to increase the maximum number of cannabis permits that can be lawfully awarded in accordance with the population formula set forth in this Section as follows: the City may award up to 17 retail business permits. This maximum number of retail business permits shall include all awarded microbusiness permits so that there are no more than a total of 17 retail and microbusiness permits. The City may award an unlimited number of cannabis business permits for other types of cannabis businesses in accordance with the restrictions set forth in Chapter 5.10, applicable guidelines adopted in accordance with Chapter 5.10 and any zoning regulations adopted by the City Council. SECTION 4. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 7. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. Attachment: CED.Cannabis.Ordinance MC-1541 - Max Number Lic (6835 : Cannabis Ordinance Increasing Permits and Resolution Concerning Packet Pg. 23 4.a Ordinance No. MC-1541 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________, 2020. __________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, Acting City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney Attachment: CED.Cannabis.Ordinance MC-1541 - Max Number Lic (6835 : Cannabis Ordinance Increasing Permits and Resolution Concerning Packet Pg. 24 4.a Ordinance No. MC-1541 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Ordinance MC-1541, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: CED.Cannabis.Ordinance MC-1541 - Max Number Lic (6835 : Cannabis Ordinance Increasing Permits and Resolution Concerning Packet Pg. 25 4.b RESOLUTION NO. 2020-190 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING CATEGORIES FOR COMMERCIAL CANNABIS BUSINESS PERMITS AND GIVING DIRECTION FOR REVISION OF CANNABIS PROCEDURE GUIDELINES ESTABLISHING DEADLINES TO MAKE PROGRESS TOWARD OPENING FOR BUSINESS WHEREAS, Chapter 5.10 of the San Bernardino Municipal Code provides that the various categories of cannabis business types may be set by Resolution; and WHEREAS, the City Council previously authorized various business types, including microbusinesses, retail, cultivation, testing and manufacturing businesses; and WHEREAS, the City Council approved 16 cannabis permits in February 2019 and to date only three are open and operating; and WHEREAS, the City Council desires to increase revenue from cannabis operations as the City had anticipated more cannabis businesses that had been awarded permits would be operating and generating revenue; and WHEREAS the permitted cannabis businesses that are open and operating have demonstrated that they can professionally manage and operate their businesses and it may be beneficial to the City to authorize existing operators to trade-in their existing permits in exchange for a microbusinesses permit; and WHEREAS, the City Council desires to revisit previous decisions concerning the maximum number of cannabis permits and various cannabis business types and would like to allow a maximum number of 17 retail business permits with the understanding that the existing microbusiness permits and any permits for those businesses which are fully open and operating as of August 31, 2020 that traded in existing business permits to become microbusiness permits will be counted toward the maximum of 17 retail permits; and WHEREAS, the City Council desires for staff to take all additional actions necessary, such as amending the cannabis Procedure Guidelines to provide for a permit fee and processing to accommodate a transition to a microbusiness should the current operators desire to trade in their existing permits; and WHEREAS, the City Council desires to maximize revenue from cannabis businesses and wishes to see all applicants in the current approval process open and operating as soon as possible; and WHEREAS, the City Council has publicly expressed concerns that after 17 months from the February 21, 2019 date, 16 applicants were given the approval to move forward in obtaining Attachment: CED.Cannabis.Increasing Cannabis Business Categories.Resolution.Attachment 2 (6835 : Cannabis Ordinance Increasing Permits Packet Pg. 26 4.b Resolution No. 2020-190 their business permits, and only three are fully operating and several have made little to no progress; and WHEREAS, the City Council discussed deadlines by which they would want to see applicants complete milestones on their way to obtaining business permits; and WHEREAS, Section 5.10.120 of the San Bernardino Municipal Code states that the City Manager may revoke a permit for any violation of any law and/or any rule, regulation and/or standard and the City Council wishes to make performance deadlines standards in the Guidelines cannabis businesses open and generating revenue for the City. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to revise the cannabis Guidelines to: 1) permit any of the existing cannabis business permit holders who are open and lawfully operating in accordance with all City ordinances and Guidelines or before August 31, 2020, to trade-in their existing permits for a microbusiness permit (not receive an additional permit, but trade-in a different permit type for a microbusiness permit such as a trade-in of a retail permit for a microbusiness permit) in accordance with the Guidelines to be adopted by Resolution and 2) provide for the application deadlines whereby if deadlines are not met the application approvals will be revoked as set forth in the Guidelines to be adopted by Resolution, Example of Deadlines to be established in Guidelines Commercial Cannabis Businesses awarded February 21, 2019: Any Commercial Cannabis Business that has been granted approval pursuant to (Section 5.10.180), but is not in operation prior to the date set forth in the Procedure Guidelines shall have three (3) months to secure a final business location and submit plans to the City for improvements. These Improvements may include electrical, plumbing, fire, planning permits or reviews, and any other permits or licenses, or reviews as may be necessary by the relevant departments or government entities in charge of said permits. New Commercial Cannabis Business (CCB) Applicants: For all business granted approval on the date set forth in the Procedure Guidelines, a final business location shall be secured, the submittal and completion of all improvement plans must take place and the opening of the business shall occur within a period of twelve (12) months from the date of award by Mayor and City Council. These Improvements may include electrical, plumbing, fire, planning permits or reviews, and any other permits or licenses, or reviews as may be necessary by the pertinent departments or government entities in charge of said permits. New Location (i.e. relocation to a new property/site/address): Attachment: CED.Cannabis.Increasing Cannabis Business Categories.Resolution.Attachment 2 (6835 : Cannabis Ordinance Increasing Permits Packet Pg. 27 4.b Resolution No. 2020-190 Commercial Cannabis Businesses wanting to or needing to relocate during the initial twelve (12) months after being granted approval, may do so by submitting a new application for review and determination by Mayor and City Council. Applying for relocation does NOT extend the time frame in which a business would be required to secure a location and submit improvement plans. These Improvements may include electrical, plumbing, fire, planning permits or reviews, and any other permits or licenses, or reviews as may be necessary by the relevant departments or government entities in charge of said permits. SECTION 3. The City Manager is further authorized to revise the cannabis Procedure Guidelines to permit an unlimited number of cannabis business permits in the categories previously approved by the City Council by Resolution No. 2018-101 and to prepare the necessary Ordinance to allow for processing of these permits in accordance with Chapter 5.10 of the San Bernardino Municipal Code. SECTION 4. 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 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: CED.Cannabis.Increasing Cannabis Business Categories.Resolution.Attachment 2 (6835 : Cannabis Ordinance Increasing Permits Packet Pg. 28 4.b Resolution No. 2020-190 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-190, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: CED.Cannabis.Increasing Cannabis Business Categories.Resolution.Attachment 2 (6835 : Cannabis Ordinance Increasing Permits Packet Pg. 29 5 Public Hearing City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Public Hearing on Annexation No. 4 to Community Facilities District 2019-1 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2020-184 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 4); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2020-185 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 4); and 5. Introduce Ordinance No. MC-1538 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2020-21 to pay the annual costs of the maintenance and servicing of landscaping, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No MC-1538 for August 19, 2020. Background On June 17, 2020, the Mayor and City Council adopted Resolution No. 2020-144, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 Packet Pg. 30 Page 1 5 6823 - public hearing was set for August 5, 2020 on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on June 24, 2020, at 9:01 a.m. in Book 89 Page 22, Document No. 2020-0208516 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder. The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 28 gross acres of vacant residential property within the City, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The State legislature enacted the Mello- Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Maintenance of median landscaping and other public improvements installed within the public rights-of-way, including maintenance and repair of irrigation facilities; and 2. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and 3. Maintenance of streets, including pavement management, and provide street sweeping; and 4. Maintenance of parks and appurtenant facilities, including landscaping vegetation situated on or adjacent to parks; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and 5. Graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads, and open spaces; and 6. 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 area proposed within Annexation No. 4 is approximately 28 gross acres of vacant residential property within TR 20006. The proposed area to be annexed into the CFD will be included in Tax Zone 5 and is located on the northeast intersection of Magnolia Avenue and Little League Drive, as shown in Attachment #1. The proposed development will include 119 detached single-family residential lots. The maximum annual special tax for this development has been calculated to be $394 per residential unit. This tax rate includes a Maximum Special Tax A of $344 per unit Packet Pg. 31 Page 2 5 6823 per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $50 per unit per year for FY 2020-21. Annual Special Tax B (Contingent) rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted June 17, 2020. Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. Resolution declaring the results of the election and directing the recording of the notice of special tax lien. Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for August 19, 2020. Discussion The Resolution of Intention called for a public hearing to be held on August 5, 2020 on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act, the City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the City Council may adopt the resolution establishing the CFD. Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The Packet Pg. 32 Page 3 5 6823 election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2020-184, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2020-185 declaring the results of the election. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Fiscal Stability. Approval of this ordinance amendment will establish an ongoing revenue source to offset costs associated with future maintenance of infrastructure and landscape areas in public rights of way associated with the CFD. Fiscal Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $40,920 to be used to pay for maintenance costs within the development. 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. All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019- Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and Packet Pg. 33 Page 4 5 6823 2. Adopt Resolution No. 2020-184 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 4); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2020-185 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 4); and 5. Introduce Ordinance No. MC-1538 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2020-21 to pay the annual costs of the maintenance and servicing of landscaping, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No MC-1538 for August 19, 2020. Attachments Attachment 1 Project Map Attachment 2 Resolution No. 2020-184 Calling Election, Authorizing Levy, and Establishing Appropriations -Description of -Rate and Method of Apportionment Attachment 3 Resolution No. 2020-- Certificate of Election Results Attachment 4 Ordinance No. MC-1538 Levying Speci- Attachment 5 Petition Attachment 6 PowerPoint Ward: 5 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 - 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 Packet Pg. 34 Page 5 5 6823 special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. June 17, 2020 Mayor and City Council adopted Resolution No. 2020-144, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San - Packet Pg. 35 Page 6 Attachment: PW. CFD 2019-1 Annex 4 - Attach 1 - Project Map (6823 : Public Hearing on Annexation No. 4 5.a Packet Pg. 36 5.b RESOLUTION NO. 2020-184 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 4) WHEREAS, the Mayor and its Resolution No. 2019- declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance --Roos Community Facilities Act of 1982 -1 pursuant to ) described in Exhibit A hereto, and WHEREAS, the City Council set a public hearing for July 17, 2019 after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on June 17, 2020 duly adopted Resolution No. 2020-144 - 1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for August 5, 2020; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 4 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on June 24, 2020, in Book 89 of Maps of Assessment and Community Facilities Districts at Page 22, in the office of the San Bernardino County Recorder; and Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 - Reso Calling an Election (6823 : Public Hearing on Annexation No. 4 to Community Facilities Packet Pg. 37 5.b Resolution No. 2020-184 WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on August 5, 2020, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the August 5, 2020 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, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Clerk has concurred in the election date set forth herein. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are true and correct. SECTION 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention. SECTION 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 - Reso Calling an Election (6823 : Public Hearing on Annexation No. 4 to Community Facilities Packet Pg. 38 5.b Resolution No. 2020-184 the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled. SECTION 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to CFD No. 2019-1 are valid and in conformity with the requirements of the Act. SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto. SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property. SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North will be parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents. SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1. SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on August 5, 2020, and shall be conducted as follows: (a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on July 1, 2020 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1. Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 - Reso Calling an Election (6823 : Public Hearing on Annexation No. 4 to Community Facilities Packet Pg. 39 5.b Resolution No. 2020-184 (b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on August 5, 2020. The City Clerk shall have available ballots that may be marked at th voted, the City Clerk may close the election. (e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on August 5, 2020, or when all City Clerk shall declare the results of the election. (f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns. SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office. SECTION 11. 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 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 13. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 - Reso Calling an Election (6823 : Public Hearing on Annexation No. 4 to Community Facilities Packet Pg. 40 5.b Resolution No. 2020-184 John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 - Reso Calling an Election (6823 : Public Hearing on Annexation No. 4 to Community Facilities Packet Pg. 41 5.b Resolution No. 2020-184 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 - Reso Calling an Election (6823 : Public Hearing on Annexation No. 4 to Community Facilities Packet Pg. 42 5.c EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the ÐCFD No. 2019-1Ñ) Annexation No. 4 is currently comprised of one parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APN). APN Owner Name 0261-181-16 TH Rancho Palma LLC 0261-181-17 TH Rancho Palma LLC Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit A - Description of Territory (6823 : Public Hearing on Annexation No. 4 to Community Packet Pg. 43 5.d EXHIBIT B RATEANDMETHODOFAPPORTIONMENTOFSPECIALTAXFOR COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) OFTHECITYOFSANBERNARDINO ASpecialTax(theͻ{ƦĻĭźğƌğǣͼΜshallbeleviedonandcollectedfromeach!ƭƭĻƭƭƚƩ͸ƭParcel(defined below)inCommunityFacilitiesDistrictNo.20191(MaintenanceServices)(theͻ/C5No.2019Њͼor ͻ/C5ͼͳdefinedbelow),ineachFiscalYear,(definedbelow),commencingintheFiscalYearbeginningJuly 1,2019,inanamountdeterminedbytheCityCounciloftheCityofSanBernardino,actinginitscapacity asthelegislativebodyofCFDNo.20191,byapplyingtherateandmethodofapportionmentsetforth below.AlloftherealpropertyinCFDNo.20191,unlessexemptedbylaworbytheprovisionsherein, shallbetaxedtotheextentandinthemannerprovidedherein. A. DEFINITIONS ͻ!ĭƩĻͼ or ͻ!ĭƩĻğŭĻͼ meansthelandareaofan!ƭƭĻƭƭƚƩ͸ƭParcelasshownonany!ƭƭĻƭƭƚƩ͸ƭParcel Map,orifthelandareaisnotshownonthe!ƭƭĻƭƭƚƩ͸ƭParcelMap,thelandareaasshownonthe applicableFinalMap,oriftheareaisnotshownontheapplicableFinalMap,thelandareashallbe calculatedbytheAdministrator. ͻ!ķƒźƓźƭƷƩğƷźǝĻ9ǣƦĻƓƭĻƭͼ meanstheactualorreasonablyestimatedcostsdirectlyrelatedtothe formation,annexation,andadministrationofCFDNo.20191including,butnotlimitedto:thecosts ofcomputingtheSpecialTaxesandpreparingtheannualSpecialTaxcollectionschedules(whether bytheCityordesigneethereoforboth);thecoststotheCity,CFDNo.20191,oranydesigneethereof associatedwithfulfillingtheCFDNo.20191disclosurerequirements;thecostsassociatedwith respondingtopublicinquiriesregardingtheSpecialTaxes;thecostsoftheCity,CFDNo.20191or anydesigneethereofrelatedtoanappealoftheSpecialTax;andtheCity'sannualadministrationfees includingpaymentofaproportionalshareofsalariesandbenefitsofanyCityemployeesandCity overheadwhosedutiesarerelatedtotheadministrationandthirdpartyexpenses.Administrative ExpensesshallalsoincludeamountsestimatedoradvancedbytheCityorCFDNo.20191forany otheradministrativepurposesofCFDNo.20191,includingattorney'sfeesandothercostsrelatedto commencingandpursuingtocompletionanyforeclosureofdelinquentSpecialTaxes. ͻ!ķƒźƓźƭƷƩğƷƚƩͼ meanstheCityManageroftheCityofSanBernardino,orhisorherdesignee. ͻ!ƦƦƩƚǝĻķtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertythatareincludedinaFinal MapthatwasrecordedpriortotheMarch1precedingtheFiscalYearinwhichtheSpecialTaxisbeing levied,andthathavenotbeenissuedabuildingpermitonorpriortotheMarch1precedingtheFiscal yearinwhichthespecialtaxisbeinglevied. ͻ!ƭƭĻƭƭƚƩ͸ƭtğƩĭĻƌͼ meansalotorparceloflandthatisidentifiablebyan!ƭƭĻƭƭƚƩ͸ƭParcelNumber bytheCountyAssessoroftheCountyofSanBernardino. ͻ!ƭƭĻƭƭƚƩ͸ƭParcelağƦͼ meansanofficialmapoftheAssessoroftheCountydesignatingparcelsby !ƭƭĻƭƭƚƩ͸ƭParcelNumber. ͻ!ƭƭĻƭƭƚƩ͸ƭParcelbǒƒĬĻƩͼ meansthatidentificationnumberassignedtoaparcelbytheCounty AssessoroftheCounty. Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino1 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 44 5.d ͻ.ǒźƌķźƓŭSquareCƚƚƷğŭĻͼ or ͻ.{Cͼ meansthefloorareasquarefootagereflectedontheoriginal constructionbuildingpermitissuedforconstructionofabuildingofNonResidentialPropertyandany BuildingSquareFootagesubsequentlyaddedtoabuildingofsuchTaxablePropertyafterissuanceof abuildingpermitforexpansionorrenovationofsuchbuilding. ͻ/ğƌĻƓķğƩ—ĻğƩͼ meanstheperiodcommencingJanuary1ofanyyearandendingthefollowing December31. ͻ/C5ͼ or ͻ/C5No.2019Њͼ meanstheCityofSanBernardinoCommunityFacilitiesDistrictNo.2019 1(MaintenanceServices). ͻ/źƷǤͼ meanstheCityofSanBernardino. ͻ/ƚƓƷźƓŭĻƓƷSpecialTaxBwĻƨǒźƩĻƒĻƓƷͼ meansthatamountrequiredinanyFiscalYear,ifthePOA isunabletomaintaintheService(s)to:(i)paythecostsofServicesincurredorotherwisepayablein theCalendarYearcommencinginsuchFiscalYear;(ii)fundanoperatingreserveforthecosts ofServicesasdeterminedbytheAdministrator;lessacreditforfundsavailabletoreducetheannual SpecialTaxB(Contingent)levyasdeterminedbytheAdministrator. ͻ/ƚǒƓƷǤͼ meanstheCountyofSanBernardino. ͻ5ĻǝĻƌƚƦĻķtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertyforwhichabuildingpermit fornewconstructionhasbeenissuedonorpriortoMarch1precedingtheFiscalYearinwhichthe SpecialTaxisbeinglevied. ͻ9ǣĻƒƦƷtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩƭ͸ParcelsdesignatedasbeingexemptfromtheSpecialTaxas providedforinSectionG. ͻCźƓğƌağƦͼ meansasubdivisionofpropertybyrecordationofafinalmap,parcelmap,orlotline adjustment,pursuanttotheSubdivisionMapAct(CaliforniaGovernmentCodeSection66410etseq.) orrecordationofacondominiumplanpursuanttoCaliforniaCivilCode1352thatcreatesindividual lotsforwhichbuildingpermitsmaybeissuedwithoutfurthersubdivision. st ͻCźƭĭğƌ—ĻğƩͼ means theperiodfromandincludingJuly1ofanyyeartoandincludingthefollowing th June30 . ͻ\[ğƓķUse/ğƷĻŭƚƩǤͼ or ͻ\[ /ͼ meansanyofthecategoriescontainedinSectionBhereoftowhichan !ƭƭĻƭƭƚƩ͸ƭParcelisassignedconsistentwiththelanduseapprovalsthathavebeenreceivedor proposedforthe!ƭƭĻƭƭƚƩ͸ƭParcelasofMarch1precedingtheFiscalYearinwhichtheSpecialTaxis beinglevied. ͻağǣźƒǒƒSpecialğǣͼ meanseitherMaximumSpecialTaxAand/orMaximumSpecialTaxB (Contingent),asapplicable. ͻağǣźƒǒƒSpecialTax!ͼ meanstheMaximumSpecialTaxA,asdeterminedinaccordancewith SectionCbelowthatcanbeleviedinanyFiscalYearonanyAssessor'sParcelofTaxableProperty withinCFDNo.20191. Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino2 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 45 5.d ͻağǣźƒǒƒSpecialTaxBΛ/ƚƓƷźƓŭĻƓƷΜͼ meanstheMaximumSpecialTaxB(Contingent),as determinedinaccordancewithSectionCbelowthatcanbeleviedinanyFiscalYearonanyAssessor's ParcelofTaxablePropertywithinCFDNo.20191. ͻaǒƌƷźFamilyResidentialtƩƚƦĻƩƷǤͼ meansany!ƭƭĻƭƭƚƩ͸ƭParcelofresidentialpropertythatconsists ofabuildingorbuildingscomprisedofattachedResidentialUnitssharingatleastonecommonwall withanotherunit. ͻbƚƓResidentialtƩƚƦĻƩƷǤͼ or ͻbwͼ meansallAssessor'sParcelsofTaxablePropertyforwhicha buildingpermit(s)wasissuedforanonresidentialuse.TheAdministratorshallmakethe determinationifan!ƭƭĻƭƭƚƩ͸ƭParcelisNonResidentialProperty. ͻtƩƚƦĻƩƷǤhǞƓĻƩ͸ƭ!ƭƭƚĭźğƷźƚƓͼ or ͻth!ͼ meansthepropertyƚǞƓĻƩ͸ƭassociationorŷƚƒĻƚǞƓĻƩ͸ƭ associationestablishedtomaintaincertainlandscapingwithinaTaxZone. ͻtƩƚƦƚƩƷźƚƓğƷĻƌǤͼ meansforTaxablePropertythatis:(i)DevelopedProperty,thattheratioofthe actualSpecialTaxlevytotheMaximumSpecialTaxisthesameforallParcelsofDevelopedProperty withthesameTaxZone,(ii)ApprovedProperty,thattheratiooftheactualSpecialTaxlevytothe MaximumSpecialTaxisthesameforallParcelsofApprovedPropertywiththesameTaxZone,and (iii)UndevelopedPropertythattheratiooftheactualSpecialTaxlevyperacretotheMaximum SpecialTaxperacreisthesameforallParcelsofUndevelopedPropertywiththesameTaxZone. ͻwĻƭźķĻƓƷźğƌ ƓźƷͼ or"RU"meansaresidentialunitthatisusedorintendedtobeusedasadomicile byoneormorepersons,asdeterminedbytheAdministrator. ͻwĻƭźķĻƓƷźğƌtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertyuponwhichcompleted ResidentialUnitshavebeenconstructedorforwhichbuildingpermitshavebeenormaybeissuedfor purposesofconstructingoneormoreResidentialUnits. ͻ{ĻƩǝźĭĻΛƭΜͼ meansservicespermittedundertheMelloRoosCommunityFacilitiesActof1982 including,withoutlimitation,thoseservicesauthorizedtobefundedbyCFDNo.20191assetforth inthedocumentsadoptedbytheCityCouncilatthetimetheCFDwasformed. ͻ{źƓŭƌĻFamilyResidentialtƩƚƦĻƩƷǤͼ meansanyresidentialpropertyotherthanMultiFamily ResidentialPropertyonan!ƭƭĻƭƭƚƩ͸ƭParcel. ͻ{ƦĻĭźğƌğǣΛĻƭΜͼ meanstheSpecialTaxAand/orSpecialTaxB(Contingent)tobeleviedineachFiscal Yearoneach!ƭƭĻƭƭƚƩ͸ƭParcelofTaxableProperty. ͻ{ƦĻĭźğƌTax!ͼ meanstheannualspecialtaxtobeleviedineachFiscalYearoneach!ƭƭĻƭƭƚƩ͸ƭParcel ofTaxablePropertytofundtheSpecialTaxARequirement. "SpecialTaxARequirement"meansforeachTaxZone,thatamounttobecollectedinanyFiscalYear topayforcertaincostsasrequiredtomeettheneedsforsuchTaxZoneofCFDNo.20191inboth thecurrentFiscalYearandthenextFiscalYear.Thecoststobecoveredshallbethedirectcostsfor maintenanceservicesincludingbutnotlimitedto(i)maintenanceandlightingofparks,parkways, streets,roadsandopenspace,(ii)maintenanceandoperationofwaterqualityimprovements,(iii) publicstreetsweeping,(iv)fundanoperatingreserveforthecostsofServicesasdeterminedbythe Administrator,and(v)AdministrativeExpenses.UndernocircumstancesshalltheSpecialTaxA RequirementincludefundsforBonds. Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino3 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 46 5.d ͻ{ƦĻĭźğƌTaxBΛ/ƚƓƷźƓŭĻƓƷΜͼ meanstheSpecialTaxB(Contingent)tobeleviedineachFiscalYearon each!ƭƭĻƭƭƚƩ͸ƭParcelofTaxablePropertytofundtheContingentSpecialTaxBRequirement,if required. "TaxableProperty"meansall!ƭƭĻƭƭƚƩ͸ƭParcelswithinCFDNo.20191,whicharenotExempt Property. ͻğǣğĬƌĻ ƓźƷͼ meansaResidentialUnit,BuildingSquareFootage,oranAcre. "TaxZone"meansamutuallyexclusivegeographicarea,withinwhichparticularSpecialTaxratesmay beleviedpursuanttothisRateandMethodofApportionmentofSpecialTax.AppendixCidentifies theTaxZoneinCFDNo.20191atformation;additionalTaxZonesmaybecreatedwhenpropertyis annexedintotheCFD. "TaxZone1"meansthespecificgeographicareaidentifiedontheCFDBoundaryMapasTaxZone1. "Tract(s)"meansanareaofland;i)withinasubdivisionidentifiedbyaparticulartractnumberona FinalMap,ii)identifiedwithinaParcelMap;oriii)identifiedwithinlotlineadjustmentapprovedfor subdivision. ͻ ƓķĻǝĻƌƚƦĻķtƩƚƦĻƩƷǤͼ means,foreachFiscalYear,allTaxablePropertynotclassifiedasDeveloped PropertyorApprovedProperty. B. ASSIGNMENTTOLANDUSECATEGORIES ForeachFiscalYear,all!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertywithinCFDNo.20191shallbeclassified asDevelopedProperty,ApprovedProperty,orUndevelopedProperty,andshallbesubjecttothelevy ofSpecialTaxesasdeterminedpursuanttoSectionsCandDbelow.!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertyandApprovedPropertyshallbeclassifiedaseitherResidentialPropertyorNonResidential Property.ResidentialPropertyshallbefurtherclassifiedasSingleFamilyResidentialPropertyor MultiFamilyResidentialPropertyandthenumberofResidentialUnitsshallbedeterminedbythe Administrator. C. MAXIMUMSPECIALTAXRATES ForpurposesofdeterminingtheapplicableMaximumSpecialTaxfor!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertyandApprovedPropertywhichareclassifiedasResidentialProperty,allsuch!ƭƭĻƭƭƚƩ͸ƭ ParcelsshallbeassignedthenumberofResidentialUnit(s)constructedortobeconstructedthereon asspecifiedinorshownonthebuildingpermit(s)issuedorFinalMapasdeterminedbythe Administrator.ForParcelsofundevelopedpropertyzonedfordevelopmentofsinglefamilyattached ormultifamilyunits,thenumberofResidentialUnitsshallbedeterminedbyreferencingthe condominiumplan,apartmentplan,siteplanorotherdevelopmentplan,orbyassigningthe maximumallowableunitspermittedbasedontheunderlyingzoningfortheParcel.Onceasingle familyattachedormultifamilybuildingorbuildingshavebeenbuiltonanAssessor'sParcel,the AdministratorshalldeterminetheactualnumberofResidentialUnitscontainedwithinthebuilding orbuildings,andtheSpecialTaxAleviedagainsttheParcelinthenextFiscalYearshallbecalculated bymultiplyingtheactualnumberofResidentialUnitsbytheMaximumSpecialTaxperResidential UnitidentifiedfortheTractbeloworasincludedinAppendixAaseachAnnexationoccurs. ForpurposesofdeterminingtheapplicableMaximumSpecialTaxfor!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertyandApprovedPropertywhichareclassifiedasNonResidentialProperty,allsuch!ƭƭĻƭƭƚƩ͸ƭ Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino4 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 47 5.d ParcelsshallbeassignedthenumberofBuildingSquareFootageorAcresasshownontheFinalMap asdeterminedbytheAdministrator.OncetheAdministratordeterminestheactualnumberof BuildingSquareFootageorAcresforthe!ƭƭĻƭƭƚƩ͸ƭParcels,theSpecialTaxAleviedagainstthe !ƭƭĻƭƭƚƩ͸ƭParcelinthenextFiscalYearshallbecalculatedbymultiplyingthenumberofBuilding SquareFootageorAcresbytheMaximumSpecialTaxperTaxableUnitidentifiedfortheTaxZone beloworasincludedinAppendixAaseachAnnexationoccurs. 1.SpecialTaxA a.DevelopedProperty (i)MaximumSpecialTaxA TheMaximumSpecialTaxAforeach!ƭƭĻƭƭƚƩ͸ƭParcelofDevelopedPropertyshallbespecific toeachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.20191, therateandmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTax AfortheTaxZonesannexedandincludedinAppendixA.TheMaximumSpecialTaxAfor DevelopedPropertyforFiscalYear20192020withinTaxZone1isidentifiedinTable1below: TABLE1 MAXIMUMSPECIALTAXARATES DEVELOPEDPROPERTY TaxTaxableMaximum ZoneTractLandUseCategoryUnitSpecialTaxA 1TR17170SingleFamilyResidentialPropertyRU$961 (ii)IncreaseintheMaximumSpecialTaxA OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforDeveloped Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems) forLosAngelesRiversideOrangeCounty(198284=100)sincethebeginningofthe precedingFiscalYear,orii)bytwopercent(2.0%),whicheverisgreater. (iii)MultipleLandUseCategories InsomeinstancesanAssessor'sParcelofDevelopedPropertymaycontainmorethanone LandUseCategory.TheMaximumSpecialTaxAthatcanbeleviedonanAssessor'sParcel shallbethesumoftheMaximumSpecialTaxAthatcanbeleviedforeachLandUseCategory locatedonthatAssessor'sParcel.ForanAssessor'sParcelthatcontainsmorethanoneland use,theAcreageofsuchAssessor'sParcelshallbeallocatedtoeachtypeofpropertybased ontheamountofAcreagedesignatedforeachlanduseasdeterminedbyreferencetothe siteplanapprovedforsuchAssessor'sParcel.TheAdministrator'sallocationtoeachtypeof propertyshallbefinal. b.ApprovedProperty TheMaximumSpecialTaxAforeach!ƭƭĻƭƭƚƩ͸ƭParcelofApprovedPropertyshallbespecificto eachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.20191,therate andmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTaxAforthe TaxZoneannexedandincludedinAppendixA.TheMaximumSpecialTaxAforApprovedproperty FiscalYear201920withinTaxZone1isidentifiedinTable2below: Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino5 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 48 5.d TABLE2 MAXIMUMSPECIALTAXARATES APPROVEDPROPERTY TaxTaxableMaximum ZoneTractLandUseCategoryUnitSpecialTaxA 1TR17170SingleFamilyResidentialRU$961 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforApprovedProperty shallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLosAngeles RiversideOrangeCounty(198284=100)sincethebeginningoftheprecedingFiscalYear,orii) bytwopercent(2.0%),whicheverisgreater. c.UndevelopedProperty TheMaximumSpecialTaxAforeach!ƭƭĻƭƭƚƩ͸ƭParcelofUndevelopedPropertyshallbespecific toeachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.20191,the rateandmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTaxAfor theTaxZoneannexedandincludedinAppendixA.TheMaximumSpecialTaxAforUndeveloped PropertyforFiscalYear201920withinTaxZone1isidentifiedinTable3below: TABLE3 MAXIMUMSPECIALTAXARATES UNDEVELOPEDPROPERTY TaxZoneTractsTaxableUnitMaximumSpecialTaxA 1TR17170Acre$4,338 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforUndevelopedProperty shallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLosAngeles RiversideOrangeCounty(198284=100)sincethebeginningoftheprecedingFiscalYear,orii) bytwopercent(2.0%),whicheverisgreater. 2.SpecialTaxB(Contingent) TheCityCouncilshalllevySpecialTaxB(Contingent)onlyintheeventthePOAdefaultsinitsbligation tomaintaintheContingentServices,whichdefaultshallbedeemedtohaveoccurred,asdetermined bytheAdministrator,ineachofthefollowingcircumstances: (a)ThePOAfilesforbankruptcy; (b)ThePOAisdissolved; (c)ThePOAceasestolevyannualassessmentsfortheContingentServices;or (d)ThePOAfailstoprovidetheContingentServicesatthesamelevelastheCityprovidessimilar servicesandmaintainssimilarimprovementsthroughouttheCityandwithinninety(90)days afterwrittennoticefromtheCity,orsuchlongerperiodpermittedbytheCityManager,fails toremedythedeficiencytothereasonablesatisfactionoftheCityCouncil. a.DevelopedProperty (i)MaximumSpecialTaxB(Contingent) Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino6 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 49 5.d TheMaximumSpecialTaxB(Contingent)foreach!ƭƭĻƭƭƚƩ͸ƭParcelofTaxablePropertyis showninTable4andshallbespecifictoeachTaxZonewithintheCFD.Whenadditional propertyisannexedintoCFDNo.20191,therateandmethodadoptedfortheannexed propertyshallreflecttheMaximumSpecialTaxB(Contingent)foreachTaxZonesannexed andincludedinAppendixA.TheMaximumSpecialTaxB(Contingent)forFiscalYear201920 withinTaxZone1isidentifiedinTable4below: TABLE4 MAXIMUMSPECIALTAXB(CONTINGENT)RATES DEVELOPEDPROPERTY TaxTaxableMaximumSpecial ZoneTractLandUseCategoryUnitTaxB(Contingent) 1TR17170SingleFamilyResidentialPropertyRU$0 (ii)IncreaseintheMaximumSpecialTaxB(Contingent) OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)for DevelopedPropertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex (AllItems)forLosAngelesRiversideOrangeCounty(198284=100)sincethebeginningof theprecedingFiscalYear,orii)bytwopercent(2.0%),whicheverisgreater. (iii)MultipleLandUseCategories InsomeinstancesanAssessor'sParcelofDevelopedPropertymaycontainmorethanone LandUseCategory.TheMaximumSpecialTaxB(Contingent)thatcanbeleviedonan Assessor'sParcelshallbethesumoftheMaximumSpecialTaxB(Contingent)thatcanbe leviedforeachLandUseCategorylocatedonthatAssessor'sParcel.ForanAssessor'sParcel thatcontainsmorethanonelanduse,theAcreageofsuchAssessor'sParcelshallbeallocated toeachtypeofpropertybasedontheamountofAcreagedesignatedforeachlanduseas determinedbyreferencetothesiteplanapprovedforsuchAssessor'sParcel.The Administrator'sallocationtoeachtypeofpropertyshallbefinal. b.ApprovedProperty TheMaximumSpecialTaxB(Contingent)foreach!ƭƭĻƭƭƚƩ͸ƭParcelofTaxablePropertyisshown inTable5andshallbespecifictoeachTaxZonewithintheCFD.Whenadditionalpropertyis annexedintoCFDNo.20191,therateandmethodadoptedfortheannexedpropertyshallreflect theMaximumSpecialTaxB(Contingent)fortheTaxZoneannexedandincludedinAppendixA. TheMaximumSpecialTaxB(Contingent)forFiscalYear201920withintheTaxZoneisidentified inTable5below: TABLE5 MAXIMUMSPECIALTAXB(CONTINGENT)RATES APPROVEDPROPERTY TaxTaxableMaximumSpecial ZoneTractLandUseCategoryUnitTaxB(Contingent) 1TR17170SingleFamilyResidentialPropertyRU$0 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)forApproved Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)for Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino7 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 50 5.d LosAngelesRiversideOrangeCounty(198284=100)sincethebeginningofthepreceding FiscalYear,orii)bytwopercent(2.0%),whicheverisgreater. c.UndevelopedProperty TheMaximumSpecialTaxB(Contingent)foreach!ƭƭĻƭƭƚƩ͸ƭParcelofTaxablePropertyisshown inTable6andshallbespecifictoeachTaxZonewithintheCFD.Whenadditionalpropertyis annexedintoCFDNo.20191,therateandmethodadoptedfortheannexedpropertyshallreflect theMaximumSpecialTaxB(Contingent)fortheTaxZoneannexedandincludedinAppendixA. TheMaximumSpecialTaxB(Contingent)forFiscalYear201920withintheTaxZoneisidentified inTable6below: TABLE6 MAXIMUMSPECIALTAXB(CONTINGENT)RATES UNDEVELOPEDPROPERTY TaxZoneMaximumSpecial TractsTaxableUnitTaxB(Contingent) 1TR17170Acre$0 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)forUndeveloped Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLos AngelesRiversideOrangeCounty(198284=100)sincethebeginningoftheprecedingFiscalYear, orii)bytwopercent(2.0%),whicheverisgreater. D. METHODOFAPPORTIONMENTOFANNUALSPECIALTAX 1.SpecialTaxA CommencingwithFiscalYear201920andforeachfollowingFiscalYear,theCouncilshalldetermine theSpecialTaxARequirementandshalllevytheSpecialTaxAonall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxable PropertyuntiltheaggregateamountofSpecialTaxAequalstheSpecialTaxARequirementforeach TaxZone.TheSpecialTaxAshallbeleviedforeachFiscalYearasfollows: First:TheSpecialTaxAshallbeleviedProportionatelyonall!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertywithineachTaxZoneupto100%oftheapplicableMaximumSpecialTaxtosatisfytheSpecial TaxARequirementforsuchTaxZone; Second:IfadditionalmoneysareneededtosatisfytheSpecialTaxARequirementforaTaxZone afterthefirststephasbeencompleted,theSpecialTaxAshallbeleviedProportionatelyoneach ParcelofApprovedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecialTaxAfor ApprovedProperty; Third:IfadditionalmoniesareneededtosatisfytheSpecialTaxARequirementforaTaxZone afterthefirsttwostepshasbeencompleted,theSpecialTaxAshallbeleviedProportionatelyonall !ƭƭĻƭƭƚƩ͸ƭParcelsofUndevelopedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecial TaxAforUndevelopedProperty. 2.SpecialTaxB(Contingent) CommencingwithFiscalYearinwhichSpecialTaxB(Contingent)isauthorizedtobeleviedandfor eachfollowingFiscalYear,theCityCouncilshalldeterminetheContingentSpecialTaxB(Contingent) RequirementforeachTaxZone,ifany,andshalllevytheSpecialTaxonall!ƭƭĻƭƭƚƩ͸ƭParcelsof Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino8 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 51 5.d TaxablePropertywithinsuchTaxZoneuntiltheaggregateamountofSpecialTaxB(Contingent)equals theSpecialTaxB(Contingent)RequirementforsuchTaxZone.TheSpecialTaxB(Contingent)Shall beleviedforeachFiscalYearasfollows: First:TheSpecialTaxshallbeleviedProportionatelyonall!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertyforaTaxZoneupto100%oftheapplicableMaximumSpecialTaxB(Contingent)tosatisfy theContingentSpecialTaxBRequirement; Second:IfadditionalmoneysareneededtosatisfytheContingentSpecialTaxBRequirementafter thefirststephasbeencompleted,theSpecialTaxB(Contingent)shallbeleviedProportionatelyon eachParcelofApprovedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecialTaxB (Contingent)forApprovedProperty; Third:IfadditionalmoniesareneededtosatisfytheContingentSpecialTaxBRequirementafter thefirsttwostepshasbeencompleted,theSpecialTaxB(Contingent)shallbeleviedProportionately onall!ƭƭĻƭƭƚƩ͸ƭParcelsofUndevelopedPropertywithinsuchTaxZoneupto100%oftheMaximum SpecialTaxB(Contingent)forUndevelopedProperty. E. FUTUREANNEXATIONS ItisanticipatedthatadditionalpropertieswillbeannexedtoCFDNo.20191fromtimetotime.As eachannexationisproposed,ananalysiswillbepreparedtodeterminetheannualcostforproviding Services.Basedonthisanalysis,thepropertytobeannexed,pursuanttoCaliforniaGovernmentCode section53339etseq.willbeassignedtotheappropriateMaximumSpecialTaxratefortheTaxZone whenannexedandincludedinAppendixA. F. DURATIONOFSPECIALTAX ForeachFiscalYear,theSpecialTaxAshallbeleviedaslongastheServicesarebeingprovided. ForeachFiscalYear,theSpecialTaxB(Contingent)shallbeleviedaslongastheContingentServices arebeingprovided. G. EXEMPTIONS TheCityshallclassifyasExemptPropertywithinCFDNo.20191,any!ƭƭĻƭƭƚƩ͸ƭParcels;(i)whichare ownedby,irrevocablyofferedfordedication,encumberedbyorrestrictedinusebyanypublicentity; (ii)withpublicorutilityeasementsmakingimpracticaltheirutilizationforotherthanthepurposesset forthintheeasement;(iii)whichareprivatelyownedbutareencumberedbyorrestrictedsolelyfor publicuses;or(iv)whichisinuseintheperformanceofapublicfunctionasdeterminedbythe Administrator. H. APPEALS AnypropertyownerclaimingthattheamountorapplicationoftheSpecialTaxesarenotcorrectmay fileawrittennoticeofappealwiththeCitynotlaterthantwelvemonthsafterhavingpaidthefirst installmentoftheSpecialTaxthatisdisputed.Arepresentative(s)ofCFDNo.20191shallpromptly reviewtheappeal,andifnecessary,meetwiththepropertyowner,considerwrittenandoralevidence regardingtheamountoftheSpecialTax,andruleontheappeal.IftheƩĻƦƩĻƭĻƓƷğƷźǝĻ͸ƭdecision requiresthattheSpecialTaxforan!ƭƭĻƭƭƚƩ͸ƭParcelbemodifiedorchangedinfavoroftheproperty owner,acashrefundshallnotbemade,butanadjustmentshallbemadetotheSpecialTaxonthat !ƭƭĻƭƭƚƩ͸ƭParcelinthesubsequentFiscalYear(s). Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino9 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 52 5.d I. MANNEROFCOLLECTION TheSpecialTaxshallbecollectedinthesamemannerandatthesametimeasordinaryadvalorem propertytaxes,provided,however,thatCFDNo.20191maycollecttheSpecialTaxatadifferenttime orinadifferentmannerifnecessarytomeetitsfinancialobligations. Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino10 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 53 5.d APPENDIXA CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) COSTESTIMATE SpecialTaxAServices Theestimatebreaksdownthecostsofprovidingoneyear'smaintenance servicesforFiscalYear202021.TheseservicesarebeingfundedbythelevyofSpecialTaxAfor CommunityFacilitiesDistrictNo.20191. TAXZONE5 TRACTNO.20006 ItemDescriptionEstimatedCost 1Landscaping$22,133 2Lighting$2,161 3Streets$7,364 4Parks$3,835 5Graffiti$657 6Reserves$1,155 7Admin$3,615 Total$40,920 SpecialTaxBContingentServices ΑTheestimateinthetablebelowbreaksdownthecostsof providingoneǤĻğƩ͸ƭcontingentmaintenanceservicesforFiscalYear202021.Ifnecessary,these serviceswillbefundedbythelevyofSpecialTaxB(Contingent)forCommunityFacilitiesDistrict No.20191TaxZone5. TAXZONE5(CONTINGENTSERVICES) TRACTNO.20006 ItemDescriptionEstimatedCost 1Drainage$4,993 2Reserves$499 3Administration$500 Total$5,992 TAXZONE5 FY202021MAXIMUMSPECIALTAXRATES DEVELOPEDPROPERTYANDAPPROVEDPROPERTY LandUseTaxableMaximumMaximum CategoryUnitSpecialTaxASpecialTaxB SingleFamilyResidentialRU$344$50 MultiFamilyResidentialRU$344$50 NonResidentialPropertyAcre$2,315$339 Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino11 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 54 5.d TAXZONE5 FY202021MAXIMUMSPECIALTAXRATES UNDEVELOPEDPROPERTY TaxableMaximumMaximum UnitSpecialTaxASpecialTaxB Acre$2,315$339 Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino12 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 55 5.d TAXZONESUMMARY TaxTractFiscalMaximumMaximum AnnexationZoneAPNYearSpecialTaxASpecialTaxBSubdivider Original117170201920$961/RU$0/RUSantiagoCommunities,Inc. 1217329201920$473/RU$0/RUJECEnterprises,Inc. 23PM19814202021$608/Acre$0/AcreGWS#4Development,LLC 34026604139201920$1,136/Acre$0/AcreDevoreStorageFacility,LLC 45TR20006202021$344/RUTHRanchoPalma,LLC $50/RU ESCALATIONOFMAXIMUMSPECIALTAXES OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxshallincreasebyi)the percentageincreaseintheConsumerPriceIndex(AllItems)forLosAngelesRiversideOrange County(198284=100)sincethebeginningoftheprecedingFiscalYear,orii)bytwopercent (2.0%),whicheverisgreater. Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino13 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 56 5.d APPENDIXB CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) DESCRIPTIONOFAUTHORIZEDSERVICES TheserviceswhichmaybefundedwithproceedsofthespecialtaxofCFDNo.20191,asprovidedby Section53313oftheAct,willincludeallcostsattributabletomaintaining,servicing,cleaning,repairing and/orreplacinglandscapedareas(mayincludereservesforreplacement)inpublicstreetrightofways, publiclandscaping,publicopenspacesandothersimilarlandscapedareasofficiallydedicatedforpublic use.Theseservicesincludingthefollowing: (a)maintenanceandlightingofparks,parkways,streets,roadsandopenspace,which maintenanceandlightingservicesmayinclude,withoutlimitation,furnishingofelectricalpowertostreet lightsandtrafficsignals;repairandreplacementofdamagedorinoperativelightbulbs,fixturesand standards;maintenance(includingirrigationandreplacement)oflandscapingvegetationsituatedonor adjacenttoparks,parkways,streets,roadsandopenspace;maintenanceandrepairofirrigationfacilities; maintenanceofpublicsignage;graffitiremovalfromandmaintenanceandrepairofpublicstructures situatedonparks,parkways,streets,roadsandopenspace;maintenanceandrepairofplaygroundor recreationprogramequipmentorfacilitiessituatedonanypark;and (b)maintenanceandoperationofwaterqualityimprovementswhichincludestormdrainage andfloodprotectionfacilities,including,withoutlimitation,drainageinlets,catchbasininserts,infiltration basins,floodcontrolchannels,fossilfuelfilters,andsimilarfacilities.Maintenanceservicesmayinclude butisnotlimitedtotherepair,removalorreplacementofallorpartofanyofthewaterquality improvements,fossilfuelfilterswithinthepublicrightofwayincludingtheremovalofpetroleum hydrocarbonsandotherpollutantsfromwaterrunoff,orappurtenantfacilities,clearingofinletsand outlets;erosionrepairs;andcleanuptoimprovements,andotheritemsnecessaryforthemaintenance, servicing;orbothofthewaterqualitybasinimprovementswithinfloodcontrolchannelimprovements; and (c)publicstreetsweeping,onthesegmentsofthearterialswithintheboundariesofCFDNo. 20191;aswellaslocalroadswithinresidentialsubdivisionslocatedwithinCFDNo.20191;andany portionsadjacenttothepropertieswithinCFDNo.20191;and Inadditiontopaymentofthecostandexpenseoftheforgoingservices,proceedsofthespecialtaxmay beexpendedtopayͻ!ķƒźƓźƭƷƩğƷźǝĻ9ǣƦĻƓƭĻƭͲͼassaidtermisdefinedintheRateandMethodof Apportionment. TheaboveservicesshallbelimitedtothoseprovidedwithintheboundariesofCFDNo.20191orforthe benefitofthepropertieswithintheboundariesofCFDNo.20191,astheboundaryisexpandedfromtime totimebyanticipatedannexations,andsaidservicesmaybefinancedbyproceedsofthespecialtaxof CFDNo.20191onlytotheextentthattheyareinadditiontothoseprovidedintheterritoryofCFDNo. 20191beforeCFDNo.20191wascreated. Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino14 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 57 5.d APPENDIXC CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) PROPOSEDBOUNDARIESANDPOTENTIALANNEXATIONAREABOUNDARIES Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 4 to Community Facilities District CityofSanBernardino15 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 58 Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 5.d Packet Pg. 59 Attachment: PW. CFD 2019-1 Annex 4 - Attach 2 Exhibit B - RMA (6823 : Public Hearing on Annexation No. 5.d Packet Pg. 60 5.e RESOLUTION NO. 2020-185 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 4) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for August 5, 2020, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated August 5, 2020, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Counc Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. This Council finds and determines that the foregoing recitals are true and correct. SECTION 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code. SECTION 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the City Council is also authorized, pursuant to said Section Attachment: PW. CFD 2019-1 Annex 4 - Attach 3 - Reso Election Results (6823 : Public Hearing on Annexation No. 4 to Community Facilities Packet Pg. 61 5.e Resolution No. 2020-185 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2020-144 adopted by the City Council on June 17, 2020. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 4 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on June 24, 2020, in Book 89 of Maps of Assessment and Community Facilities Districts at Page 22, in the office of the San Bernardino County Recorder. SECTION 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory. SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: PW. CFD 2019-1 Annex 4 - Attach 3 - Reso Election Results (6823 : Public Hearing on Annexation No. 4 to Community Facilities Packet Pg. 62 5.e Resolution No. 2020-185 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: PW. CFD 2019-1 Annex 4 - Attach 3 - Reso Election Results (6823 : Public Hearing on Annexation No. 4 to Community Facilities Packet Pg. 63 5.f EXHIBIT A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 4 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed-ballot election called by the City Council of the City of San Bernardino on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated July 1, 2020, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. favor of the ballot measure, the measure has therefore passed. Qualified Landowner Landowner Votes Votes Cast YES NO TH Rancho Palma, LLC 28.34 29 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 ____________, 2020. Genoveva Rocha, CMC Acting City Clerk City of San Bernardino By: (Attach completed copies of Waiver/Consent and Ballot) Attachment: PW. CFD 2019-1 Annex 4 - Attach 3 Exhibit A - Certificate (6823 : Public Hearing on Annexation No. 4 to Community Facilities Packet Pg. 64 5.g Ordinance MC-1538 ORDINANCE NO. MC-1538 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2020/21 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on August 5, 2020, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities Attachment: PW. CFD 2019-1 Annex 4 - Attach 4 - Ordinance \[Revision 1\] (6823 : Public Hearing on Annexation No. 4 to Community Facilities 1 Packet Pg. 65 5.g Ordinance MC-1538 District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2020-2021, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto, and in the amount set forth for each such parcel in said Exhibit "B." Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4. Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 5. Effective Date. This ordinance shall take effect thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this XXth day of , 2020. __________________________________ Attachment: PW. CFD 2019-1 Annex 4 - Attach 4 - Ordinance \[Revision 1\] (6823 : Public Hearing on Annexation No. 4 to Community Facilities 2 Packet Pg. 66 5.g Ordinance MC-1538 John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, Acting City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney Attachment: PW. CFD 2019-1 Annex 4 - Attach 4 - Ordinance \[Revision 1\] (6823 : Public Hearing on Annexation No. 4 to Community Facilities 3 Packet Pg. 67 5.g Ordinance MC-1538 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-_____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the XX day of , 2020. Ordinance No. MC-____ was approve passed and adopted at a regular meeting held the XX day of , 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. ______________________________ Genoveva Rocha, CMC, Acting City Clerk Attachment: PW. CFD 2019-1 Annex 4 - Attach 4 - Ordinance \[Revision 1\] (6823 : Public Hearing on Annexation No. 4 to Community Facilities 4 Packet Pg. 68 5.h EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay ÐAdministrative Expenses,Ñ 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. Attachment: PW. CFD 2019-1 Annex 4 - Attach 4 Exhibit A - Description of Services (6823 : Public Hearing on Annexation No. 4 to Community Packet Pg. 69 5.i EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2020-21 (Effective as of August 5, 2020) ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Cauffman Family Trust 4/20/98 0142-041-43 Original Formation Cauffman Family Trust 5/4/11 0142-041-46 0348-111-52, 0261-031-10, -11, 1 17329, LLC and 0261-062-11 thru -14 2 GWS #4 Development, LLC 0141-431-24 3 Devore Storage Facility, LLC 0266-041-39 4 TH Rancho Palma, LLC 0261-181-16, -17 Attachment: PW. CFD 2019-1 Annex 4 - Attach 4 Exhibit B - Parcel List (6823 : Public Hearing on Annexation No. 4 to Community Facilities Packet Pg. 70 5.j PETITIONTO THECITY COUNCILOFTHECITYOFSAN BERNARDINO REQUESTING ANNEXINGTERRITORY INTOCOMMUNITYFACILITIESDISTRICT NO. 2019-1OFPROPERTYTHECITYOFSAN BERNARDINO ANDA WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITYFACILITIESACTOF 1982ANDCONSENTINGTOTHE LEVYOF SPECIALTAXESTHEREONTO PAYTHE COSTSOF SERVICESTOBE PROVIDED BYTHECOMMUNITYFACILITIESDISTRICT 1. TheundersignedrequeststhattheCityCounciloftheCityofSan Bernardino,initiate and conductproceedingspursuantto theMello-RoosCommunityFacilitiesActof1982(the“Act”) (Government Code Section53311 etseq.),to annex territoryintoCommunity FacilitiesDistrictNo.2019-1 (MaintenanceServices)(the “Community Facilities District”)ofthepropertydescribedbelowandconsentsto theannuallevyofspecialtaxesonsuch propertytopaythecostsofservicestobeprovidedbythe Community Facilities District. 2. Theundersignedrequeststhatthecommunityfacilitiesdistrictprovideany services thatarepermittedundertheActincluding,butnotlimitedto,allnecessaryservice,operations, administrationandmaintenancerequired to keep landscapelighting, street lighting,flood control facilities, ground cover, shrubs, plants and tree, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorousand satisfactory working condition. 3. Theundersignedherebycertifiesthatasofthedateindicatedoppositeits signature, itistheownerofallthepropertywithintheproposedboundariesoftheCommunityFacilities District describedinExhibitAheretoandasshownonthemapExhibitBhereto. 4. TheundersignedrequeststhataspecialelectionbeheldundertheActto authorize thespecialtaxesfortheproposedcommunityfacilities district.Theundersignedwaivesanyrequirementfor themailingoftheballotforthespecialelectionandexpresslyagreesthatsaidelectionmaybeconductedby mailedorhand-deliveredballottobereturnedasquicklyas possibletothedesignatedelectionofficial,being theofficeoftheCityClerkandtheundersignedrequest thattheresults ofsaidelectionbecanvassedand reportedtotheCityCouncilatthesamemeetingofthe CityCouncilasthepublic hearing on the creation of the CommunityFacilitiesDistrictoratthe nextavailablemeeting. 5. PursuanttoSections53326(a)and53327(b)oftheAct,theundersignedexpressly waivesallapplicablewaitingperiodsfortheelectionandwaivestherequirementforanalysisand argumentsrelatingtothespecialelection,andconsentstonothavingsuchmaterialsprovidedtothe landownerintheballotpacket,andexpresslywaivesanyrequirementsastotheformoftheballot.The undersignedexpresslywaivesallnoticerequirementsrelatingtohearingsandspecialelections(exceptfor publishednoticesrequiredbytheAct),andwhethersuchrequirementsarefoundintheCaliforniaElections Code,theCaliforniaGovernmentCodeorotherlawsorprocedures,includingbutnotlimitedtoanynotice providedforbycompliancewiththeprovisionsofSection4101oftheCaliforniaElectionsCode. 6. Theundersignedherebyconsentstoandexpresslywaivesanyandallclaims basedonanyirregularity,error,mistakeordeparturefromtheprovisionsoftheActorotherlawsofthe Stateandanyandalllaws andrequirementsincorporatedtherein,andnosteporactioninanyproceeding relativetoannexingterritoryintoCommunityFacilities DistrictNo.2019-1oftheportionoftheincorporated areaoftheCity of San Bernardino orthespecialelectionthereinshallbeinvalidatedoraffectedbyanysuch Attachment: PW. CFD 2019-1 Annex 4 - Attach 5 Petition (6823 : Public Hearing on Annexation No. 4 to Community Facilities District 2019-1) irregularity,errormistakeordeparture. Packet Pg. 71 5.j IN WITNESS WHEREOF, I hereunto set my hand this ____ day of __________, 20___. TH RANCHOPALMA, LLC a Delaware limited liability Company By: TH Rancho Palma, LLC By:_____________________ Name: Richard P. Douglass Title: Authorized Agent OWNER'S PROPERTY: TRACT MAP OR PARCEL MAP NO. or PROJECT NO. 20006 OWNER'S MAILINGADDRESS: 450 Newport Center Dr, Suite 300 Newport Beach, CA 92660 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 CityCouncil of the City of San Bernardino Attachment: PW. CFD 2019-1 Annex 4 - Attach 5 Petition (6823 : Public Hearing on Annexation No. 4 to Community Facilities District 2019-1) Packet Pg. 72 5.j Attachment: PW. CFD 2019-1 Annex 4 - Attach 5 Petition (6823 : Public Hearing on Annexation No. 4 to Community Facilities District 2019-1) Packet Pg. 73 5.j Attachment: PW. CFD 2019-1 Annex 4 - Attach 5 Petition (6823 : Public Hearing on Annexation No. 4 to Community Facilities District 2019-1) Packet Pg. 74 Attachment: PW.Annexation No. 4 PowerPoint \[Revision 1\] 5.k Packet Pg. 76 Works/City Engineer 17 - 181 - Director of Public 16 and 0261 - Deputy 181 - - 1 Annexation No. 4: - Alex Qishta Public Hearing CFD No. 2019(TR 20006) APNs 0261 Presented by Attachment: PW.Annexation No. 4 PowerPoint \[Revision 1\] 5.k . - Packet Pg. 77 O THE N MC IN . O N ISTRICT EXIST D : . WILL RDINANCE AND ACILITIES O2020 ACTIONS F , 19 EXISTS ; UGUST AMENDING NOW OMMUNITY FOLLOWING A C IT ELECTION , THE FOR AS ( 1 - RDINANCE O TAKING ELECTION 1 Annexation No. 4 ERNARDINO - 2019 BY B RDINANCE AN . LANDOWNER THE O O AN N S OF "CFD") SPECIAL CFD , CANVASS MENDED ITY OR IN NTRODUCE OF A I C " , 1 AND - TOTAX THE ELECTION OF RESULTS 2019 . THE SPECIAL O ELECTION N TERRITORY RESOLUTIONS THE OF ADOPTION DECLARING CALLING , ("CFD ) AND LANDOWNER PRECEDING HEARING ERVICES ANNEXATION ESOLUTION ESOLUTION S APPORTIONING THE READING R R SPECIAL A A OF PUBLIC A AND FINAL INITIATE OLD DOPT OLD Public Hearing on CFD 2019 DOPT A H A H THE . . . . AINTENANCE LEVYING ABCD ANDAPPROVAL AND OUNCIL (M ; C ) 1 AND - PON ITY CHEDULE U CS ... 12019 21522 FUTURE 3 Recommended Action Attachment: PW.Annexation No. 4 PowerPoint \[Revision 1\] 5.k Packet Pg. 78 1 and - 144, a - family - 1 to cover the costs - 1 Annexation No. 4 - 17 within TR 20006. This proposed - 181 - 16 and 0261 - Public Hearing on CFD 2019 181 - The Property Owner, TH Rancho Palma, LLC, has requested the City assist them in annexing territory into CFD No. 2019associated with the maintenance of Public Improvements.The area proposed within Annexation No. 4 includes two parcels APN 0261development is to include approximately 119 detached singleresidential lots.On June 17, 2020 the City Council adopted Resolution No. 2020Resolution of Intention to annex these properties into CFD No. 2019hold a Public Hearing on August 5, 2020. The property owner consented to waiving certain time restriction and conduct the election the same night. Discussion Attachment: PW.Annexation No. 4 PowerPoint \[Revision 1\] 5.k Packet Pg. 79 This tax 1 Annexation No. 4 - 1 as Tax Zone 5. - Public Hearing on CFD 2019 The proposed maximum annual tax of $394 per residential unit will be included in CFD No. 2019 rate includes a Maximum Special Tax A of $344 per unit per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $50 per unit per year.Both Annual Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Discussion Attachment: PW.Annexation No. 4 PowerPoint \[Revision 1\] 5.k Packet Pg. 80 way - of - 1 Annexation No. 4 - Public Hearing on CFD 2019 All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rightsPublic lighting including street lights and traffic signals,Maintenance of streets, including pavement management, and street sweeping,Maintenance of parks, including landscaping, and maintenance and repair of playground or recreation program equipment, and graffiti abatement,In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds. The services, which may be funded with proceeds of the special tax include: Discussion (Cont.) Attachment: PW.Annexation No. 4 PowerPoint \[Revision 1\] 5.k Packet Pg. 81 Project Location Attachment: PW.Annexation No. 4 PowerPoint \[Revision 1\] 5.k Packet Pg. 82 1 Annexation No. 4 - out the total Special Tax revenues - Public Hearing on CFD 2019 It is anticipated that at buildto pay for maintenance costs will be approximately $40,921. All costs associated with the annexation is borne by the Fund. Fiscal Impact Attachment: PW.Annexation No. 4 PowerPoint \[Revision 1\] 5.k Packet Pg. 83 Questions? 6 Public Hearing City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Public Hearing on Annexation No. 5 to Community Facilities District 2019-1 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2020-187 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 5); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2020-188 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 5); and 5. Introduce Ordinance No. MC-1539 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2020-21 to pay the annual costs of the maintenance and servicing of landscaping, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No MC-1539 for August 19, 2020. Background On July 1, 2020, the Mayor and City Council adopted Resolution No. 2020-155, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 Packet Pg. 84 Page 1 6 6826 - public hearing was set for August 5, 2020 on the proposed annexationof the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on July 8, 2020, at 11:28 a.m. in Book 89 Page 28, Document No. 2020-0227135 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder. The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 9.21 gross acres of a vacant s Parcel Number 0261-182-41 within the City, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Maintenance of median landscaping and other public improvements installed within the public rights-of-way, including maintenance and repair of irrigation facilities; and 2. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and 3. Maintenance of streets, including pavement management, and provide street sweeping; 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 area to be annexed into the CFD will be included in Tax Zone 6 and is located east of I-215, north-west of intersection W. Little League Dr. and Palm Ave., as shown in Attachment #1. The maximum annual special tax for this development has been calculated to be $2,282 per acre. This tax rate includes a Maximum Special Tax A of $1,895 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $387 per acre per year for FY 2020-21. Annual Special Tax B (Contingent) rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving Packet Pg. 85 Page 2 6 6826 analysis and arguments, and waiving all notice requirements relating to the conduct of the election. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted July 1, 2020. Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. Resolution declaring the results of the election and directing the recording of the notice of special tax lien. Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for August 19, 2020. Discussion The Resolution of Intention called for a public hearing to be held on August 5, 2020 on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act, the City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the City Council may adopt the resolution establishing the CFD. Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2020-187, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2020-188 declaring the results of the election. Packet Pg. 86 Page 3 6 6826 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Fiscal Stability. Approval of this ordinance will establish an ongoing revenue source to offset costs associated with future maintenance of infrastructure and landscape areas in public rights of way associated with the CFD. Fiscal Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $16,932 to be used to pay for maintenance costs within the development. 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. All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019- Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2020-187 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 5); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2020-188 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 5); and 5. Introduce Ordinance No. MC-1539 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2020-21 to pay the annual costs Packet Pg. 87 Page 4 6 6826 of the maintenance and servicing of landscaping, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No MC-1539 for August 19, 2020. Attachments Attachment 1 Project Map Attachment 2 Resolution No. 2020-187 Calling Election, Authorizing Levy, and -Description of -Rate and Method of Apportionment Attachment 3 Resolution No. 2020-- Certificate of Election Results Attachment 4 Ordinance No. MC-- Description of Services; Exhibit B Parcel List Attachment 5 Petition Attachment 6 PowerPoint Presentation Ward: 5 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 - July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. July 1, 2020 Mayor and City Council adopted Resolution No. 2020-155, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San - Packet Pg. 88 Page 5 Attachment: PW CFD 2019-1 Annex 5 - Att 1. Project Map (6826 : Public Hearing on Annexation No. 5 to 6.a Packet Pg. 89 6.b RESOLUTION NO. 2020-187 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 5) WHEREAS, the Mayor and - declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance --Roos Community Facilities Act of 1982 i) proposing to levy a special taxes within CFD No. 2019-1 pursuant to described in Exhibit A hereto, and WHEREAS, the City Council set a public hearing for July 17, 2019 after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on July 1, 2020 duly adopted Resolution No. 2020-155 - 1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for August 5, 2020; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 4 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on July 8, 2020, in Book 89 of Maps of Assessment and Community Facilities Districts at Page 28, in the office of the San Bernardino County Recorder; and Attachment: PW CFD 2019-1 Annex 5 - Att 2. Reso Calling an Election (6826 : Public Hearing on Annexation No. 5 to Community Facilities Packet Pg. 90 6.b Resolution No. 2020-187 WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on August 5, 2020, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the August 5, 2020 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, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Clerk has concurred in the election date set forth herein. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are true and correct. SECTION 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention. SECTION 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of Attachment: PW CFD 2019-1 Annex 5 - Att 2. Reso Calling an Election (6826 : Public Hearing on Annexation No. 5 to Community Facilities Packet Pg. 91 6.b Resolution No. 2020-187 the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled. SECTION 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to CFD No. 2019-1 are valid and in conformity with the requirements of the Act. SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto. SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property. SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North rnia 92418, is hereby designated as the office that will be parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents. SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1. SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on August 5, 2020, and shall be conducted as follows: (a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on July 1, 2020 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1. Attachment: PW CFD 2019-1 Annex 5 - Att 2. Reso Calling an Election (6826 : Public Hearing on Annexation No. 5 to Community Facilities Packet Pg. 92 6.b Resolution No. 2020-187 (b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City exed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on August 5, 2020. The City Clerk shall have available ballots that may be voted, the City Clerk may close the election. (e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on August 5, 2020, or when all City Clerk shall declare the results of the election. (f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns. SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office. SECTION 11. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 13. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. Attachment: PW CFD 2019-1 Annex 5 - Att 2. Reso Calling an Election (6826 : Public Hearing on Annexation No. 5 to Community Facilities Packet Pg. 93 6.b Resolution No. 2020-187 John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: PW CFD 2019-1 Annex 5 - Att 2. Reso Calling an Election (6826 : Public Hearing on Annexation No. 5 to Community Facilities Packet Pg. 94 6.b Resolution No. 2020-187 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: PW CFD 2019-1 Annex 5 - Att 2. Reso Calling an Election (6826 : Public Hearing on Annexation No. 5 to Community Facilities Packet Pg. 95 6.c EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the ÐCFD No. 2019-1Ñ) Annexation No. 5 is currently comprised of one parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APN). APN Owner Name 0261-182-41 Strata Palma, LLC Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex A Description of Territory (6826 : Public Hearing on Annexation No. 5 to Community Facilities Packet Pg. 96 6.d EXHIBIT B RATEANDMETHODOFAPPORTIONMENTOFSPECIALTAXFOR COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) OFTHECITYOFSANBERNARDINO ASpecialTax(theͻ{ƦĻĭźğƌğǣͼΜshallbeleviedonandcollectedfromeach!ƭƭĻƭƭƚƩ͸ƭParcel(defined below)inCommunityFacilitiesDistrictNo.20191(MaintenanceServices)(theͻ/C5No.2019Њͼor ͻ/C5ͼͳdefinedbelow),ineachFiscalYear,(definedbelow),commencingintheFiscalYearbeginningJuly 1,2019,inanamountdeterminedbytheCityCounciloftheCityofSanBernardino,actinginitscapacity asthelegislativebodyofCFDNo.20191,byapplyingtherateandmethodofapportionmentsetforth below.AlloftherealpropertyinCFDNo.20191,unlessexemptedbylaworbytheprovisionsherein, shallbetaxedtotheextentandinthemannerprovidedherein. A. DEFINITIONS ͻ!ĭƩĻͼ or ͻ!ĭƩĻğŭĻͼ meansthelandareaofan!ƭƭĻƭƭƚƩ͸ƭParcelasshownonany!ƭƭĻƭƭƚƩ͸ƭParcel Map,orifthelandareaisnotshownonthe!ƭƭĻƭƭƚƩ͸ƭParcelMap,thelandareaasshownonthe applicableFinalMap,oriftheareaisnotshownontheapplicableFinalMap,thelandareashallbe calculatedbytheAdministrator. ͻ!ķƒźƓźƭƷƩğƷźǝĻ9ǣƦĻƓƭĻƭͼ meanstheactualorreasonablyestimatedcostsdirectlyrelatedtothe formation,annexation,andadministrationofCFDNo.20191including,butnotlimitedto:thecosts ofcomputingtheSpecialTaxesandpreparingtheannualSpecialTaxcollectionschedules(whether bytheCityordesigneethereoforboth);thecoststotheCity,CFDNo.20191,oranydesigneethereof associatedwithfulfillingtheCFDNo.20191disclosurerequirements;thecostsassociatedwith respondingtopublicinquiriesregardingtheSpecialTaxes;thecostsoftheCity,CFDNo.20191or anydesigneethereofrelatedtoanappealoftheSpecialTax;andtheCity'sannualadministrationfees includingpaymentofaproportionalshareofsalariesandbenefitsofanyCityemployeesandCity overheadwhosedutiesarerelatedtotheadministrationandthirdpartyexpenses.Administrative ExpensesshallalsoincludeamountsestimatedoradvancedbytheCityorCFDNo.20191forany otheradministrativepurposesofCFDNo.20191,includingattorney'sfeesandothercostsrelatedto commencingandpursuingtocompletionanyforeclosureofdelinquentSpecialTaxes. ͻ!ķƒźƓźƭƷƩğƷƚƩͼ meanstheCityManageroftheCityofSanBernardino,orhisorherdesignee. ͻ!ƦƦƩƚǝĻķtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertythatareincludedinaFinal MapthatwasrecordedpriortotheMarch1precedingtheFiscalYearinwhichtheSpecialTaxisbeing levied,andthathavenotbeenissuedabuildingpermitonorpriortotheMarch1precedingtheFiscal yearinwhichthespecialtaxisbeinglevied. ͻ!ƭƭĻƭƭƚƩ͸ƭtğƩĭĻƌͼ meansalotorparceloflandthatisidentifiablebyan!ƭƭĻƭƭƚƩ͸ƭParcelNumber bytheCountyAssessoroftheCountyofSanBernardino. ͻ!ƭƭĻƭƭƚƩ͸ƭParcelağƦͼ meansanofficialmapoftheAssessoroftheCountydesignatingparcelsby !ƭƭĻƭƭƚƩ͸ƭParcelNumber. ͻ!ƭƭĻƭƭƚƩ͸ƭParcelbǒƒĬĻƩͼ meansthatidentificationnumberassignedtoaparcelbytheCounty AssessoroftheCounty. Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino1 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 97 6.d ͻ.ǒźƌķźƓŭSquareCƚƚƷğŭĻͼ or ͻ.{Cͼ meansthefloorareasquarefootagereflectedontheoriginal constructionbuildingpermitissuedforconstructionofabuildingofNonResidentialPropertyandany BuildingSquareFootagesubsequentlyaddedtoabuildingofsuchTaxablePropertyafterissuanceof abuildingpermitforexpansionorrenovationofsuchbuilding. ͻ/ğƌĻƓķğƩ—ĻğƩͼ meanstheperiodcommencingJanuary1ofanyyearandendingthefollowing December31. ͻ/C5ͼ or ͻ/C5No.2019Њͼ meanstheCityofSanBernardinoCommunityFacilitiesDistrictNo.2019 1(MaintenanceServices). ͻ/źƷǤͼ meanstheCityofSanBernardino. ͻ/ƚƓƷźƓŭĻƓƷSpecialTaxBwĻƨǒźƩĻƒĻƓƷͼ meansthatamountrequiredinanyFiscalYear,ifthePOA isunabletomaintaintheService(s)to:(i)paythecostsofServicesincurredorotherwisepayablein theCalendarYearcommencinginsuchFiscalYear;(ii)fundanoperatingreserveforthecosts ofServicesasdeterminedbytheAdministrator;lessacreditforfundsavailabletoreducetheannual SpecialTaxB(Contingent)levyasdeterminedbytheAdministrator. ͻ/ƚǒƓƷǤͼ meanstheCountyofSanBernardino. ͻ5ĻǝĻƌƚƦĻķtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertyforwhichabuildingpermit fornewconstructionhasbeenissuedonorpriortoMarch1precedingtheFiscalYearinwhichthe SpecialTaxisbeinglevied. ͻ9ǣĻƒƦƷtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩƭ͸ParcelsdesignatedasbeingexemptfromtheSpecialTaxas providedforinSectionG. ͻCźƓğƌağƦͼ meansasubdivisionofpropertybyrecordationofafinalmap,parcelmap,orlotline adjustment,pursuanttotheSubdivisionMapAct(CaliforniaGovernmentCodeSection66410etseq.) orrecordationofacondominiumplanpursuanttoCaliforniaCivilCode1352thatcreatesindividual lotsforwhichbuildingpermitsmaybeissuedwithoutfurthersubdivision. st ͻCźƭĭğƌ—ĻğƩͼ means theperiodfromandincludingJuly1ofanyyeartoandincludingthefollowing th June30 . ͻ\[ğƓķUse/ğƷĻŭƚƩǤͼ or ͻ\[ /ͼ meansanyofthecategoriescontainedinSectionBhereoftowhichan !ƭƭĻƭƭƚƩ͸ƭParcelisassignedconsistentwiththelanduseapprovalsthathavebeenreceivedor proposedforthe!ƭƭĻƭƭƚƩ͸ƭParcelasofMarch1precedingtheFiscalYearinwhichtheSpecialTaxis beinglevied. ͻağǣźƒǒƒSpecialğǣͼ meanseitherMaximumSpecialTaxAand/orMaximumSpecialTaxB (Contingent),asapplicable. ͻağǣźƒǒƒSpecialTax!ͼ meanstheMaximumSpecialTaxA,asdeterminedinaccordancewith SectionCbelowthatcanbeleviedinanyFiscalYearonanyAssessor'sParcelofTaxableProperty withinCFDNo.20191. Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino2 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 98 6.d ͻağǣźƒǒƒSpecialTaxBΛ/ƚƓƷźƓŭĻƓƷΜͼ meanstheMaximumSpecialTaxB(Contingent),as determinedinaccordancewithSectionCbelowthatcanbeleviedinanyFiscalYearonanyAssessor's ParcelofTaxablePropertywithinCFDNo.20191. ͻaǒƌƷźFamilyResidentialtƩƚƦĻƩƷǤͼ meansany!ƭƭĻƭƭƚƩ͸ƭParcelofresidentialpropertythatconsists ofabuildingorbuildingscomprisedofattachedResidentialUnitssharingatleastonecommonwall withanotherunit. ͻbƚƓResidentialtƩƚƦĻƩƷǤͼ or ͻbwͼ meansallAssessor'sParcelsofTaxablePropertyforwhicha buildingpermit(s)wasissuedforanonresidentialuse.TheAdministratorshallmakethe determinationifan!ƭƭĻƭƭƚƩ͸ƭParcelisNonResidentialProperty. ͻtƩƚƦĻƩƷǤhǞƓĻƩ͸ƭ!ƭƭƚĭźğƷźƚƓͼ or ͻth!ͼ meansthepropertyƚǞƓĻƩ͸ƭassociationorŷƚƒĻƚǞƓĻƩ͸ƭ associationestablishedtomaintaincertainlandscapingwithinaTaxZone. ͻtƩƚƦƚƩƷźƚƓğƷĻƌǤͼ meansforTaxablePropertythatis:(i)DevelopedProperty,thattheratioofthe actualSpecialTaxlevytotheMaximumSpecialTaxisthesameforallParcelsofDevelopedProperty withthesameTaxZone,(ii)ApprovedProperty,thattheratiooftheactualSpecialTaxlevytothe MaximumSpecialTaxisthesameforallParcelsofApprovedPropertywiththesameTaxZone,and (iii)UndevelopedPropertythattheratiooftheactualSpecialTaxlevyperacretotheMaximum SpecialTaxperacreisthesameforallParcelsofUndevelopedPropertywiththesameTaxZone. ͻwĻƭźķĻƓƷźğƌ ƓźƷͼ or"RU"meansaresidentialunitthatisusedorintendedtobeusedasadomicile byoneormorepersons,asdeterminedbytheAdministrator. ͻwĻƭźķĻƓƷźğƌtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertyuponwhichcompleted ResidentialUnitshavebeenconstructedorforwhichbuildingpermitshavebeenormaybeissuedfor purposesofconstructingoneormoreResidentialUnits. ͻ{ĻƩǝźĭĻΛƭΜͼ meansservicespermittedundertheMelloRoosCommunityFacilitiesActof1982 including,withoutlimitation,thoseservicesauthorizedtobefundedbyCFDNo.20191assetforth inthedocumentsadoptedbytheCityCouncilatthetimetheCFDwasformed. ͻ{źƓŭƌĻFamilyResidentialtƩƚƦĻƩƷǤͼ meansanyresidentialpropertyotherthanMultiFamily ResidentialPropertyonan!ƭƭĻƭƭƚƩ͸ƭParcel. ͻ{ƦĻĭźğƌğǣΛĻƭΜͼ meanstheSpecialTaxAand/orSpecialTaxB(Contingent)tobeleviedineachFiscal Yearoneach!ƭƭĻƭƭƚƩ͸ƭParcelofTaxableProperty. ͻ{ƦĻĭźğƌTax!ͼ meanstheannualspecialtaxtobeleviedineachFiscalYearoneach!ƭƭĻƭƭƚƩ͸ƭParcel ofTaxablePropertytofundtheSpecialTaxARequirement. "SpecialTaxARequirement"meansforeachTaxZone,thatamounttobecollectedinanyFiscalYear topayforcertaincostsasrequiredtomeettheneedsforsuchTaxZoneofCFDNo.20191inboth thecurrentFiscalYearandthenextFiscalYear.Thecoststobecoveredshallbethedirectcostsfor maintenanceservicesincludingbutnotlimitedto(i)maintenanceandlightingofparks,parkways, streets,roadsandopenspace,(ii)maintenanceandoperationofwaterqualityimprovements,(iii) publicstreetsweeping,(iv)fundanoperatingreserveforthecostsofServicesasdeterminedbythe Administrator,and(v)AdministrativeExpenses.UndernocircumstancesshalltheSpecialTaxA RequirementincludefundsforBonds. Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino3 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 99 6.d ͻ{ƦĻĭźğƌTaxBΛ/ƚƓƷźƓŭĻƓƷΜͼ meanstheSpecialTaxB(Contingent)tobeleviedineachFiscalYearon each!ƭƭĻƭƭƚƩ͸ƭParcelofTaxablePropertytofundtheContingentSpecialTaxBRequirement,if required. "TaxableProperty"meansall!ƭƭĻƭƭƚƩ͸ƭParcelswithinCFDNo.20191,whicharenotExempt Property. ͻğǣğĬƌĻ ƓźƷͼ meansaResidentialUnit,BuildingSquareFootage,oranAcre. "TaxZone"meansamutuallyexclusivegeographicarea,withinwhichparticularSpecialTaxratesmay beleviedpursuanttothisRateandMethodofApportionmentofSpecialTax.AppendixCidentifies theTaxZoneinCFDNo.20191atformation;additionalTaxZonesmaybecreatedwhenpropertyis annexedintotheCFD. "TaxZone1"meansthespecificgeographicareaidentifiedontheCFDBoundaryMapasTaxZone1. "Tract(s)"meansanareaofland;i)withinasubdivisionidentifiedbyaparticulartractnumberona FinalMap,ii)identifiedwithinaParcelMap;oriii)identifiedwithinlotlineadjustmentapprovedfor subdivision. ͻ ƓķĻǝĻƌƚƦĻķtƩƚƦĻƩƷǤͼ means,foreachFiscalYear,allTaxablePropertynotclassifiedasDeveloped PropertyorApprovedProperty. B. ASSIGNMENTTOLANDUSECATEGORIES ForeachFiscalYear,all!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertywithinCFDNo.20191shallbeclassified asDevelopedProperty,ApprovedProperty,orUndevelopedProperty,andshallbesubjecttothelevy ofSpecialTaxesasdeterminedpursuanttoSectionsCandDbelow.!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertyandApprovedPropertyshallbeclassifiedaseitherResidentialPropertyorNonResidential Property.ResidentialPropertyshallbefurtherclassifiedasSingleFamilyResidentialPropertyor MultiFamilyResidentialPropertyandthenumberofResidentialUnitsshallbedeterminedbythe Administrator. C. MAXIMUMSPECIALTAXRATES ForpurposesofdeterminingtheapplicableMaximumSpecialTaxfor!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertyandApprovedPropertywhichareclassifiedasResidentialProperty,allsuch!ƭƭĻƭƭƚƩ͸ƭ ParcelsshallbeassignedthenumberofResidentialUnit(s)constructedortobeconstructedthereon asspecifiedinorshownonthebuildingpermit(s)issuedorFinalMapasdeterminedbythe Administrator.ForParcelsofundevelopedpropertyzonedfordevelopmentofsinglefamilyattached ormultifamilyunits,thenumberofResidentialUnitsshallbedeterminedbyreferencingthe condominiumplan,apartmentplan,siteplanorotherdevelopmentplan,orbyassigningthe maximumallowableunitspermittedbasedontheunderlyingzoningfortheParcel.Onceasingle familyattachedormultifamilybuildingorbuildingshavebeenbuiltonanAssessor'sParcel,the AdministratorshalldeterminetheactualnumberofResidentialUnitscontainedwithinthebuilding orbuildings,andtheSpecialTaxAleviedagainsttheParcelinthenextFiscalYearshallbecalculated bymultiplyingtheactualnumberofResidentialUnitsbytheMaximumSpecialTaxperResidential UnitidentifiedfortheTractbeloworasincludedinAppendixAaseachAnnexationoccurs. ForpurposesofdeterminingtheapplicableMaximumSpecialTaxfor!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertyandApprovedPropertywhichareclassifiedasNonResidentialProperty,allsuch!ƭƭĻƭƭƚƩ͸ƭ Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino4 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 100 6.d ParcelsshallbeassignedthenumberofBuildingSquareFootageorAcresasshownontheFinalMap asdeterminedbytheAdministrator.OncetheAdministratordeterminestheactualnumberof BuildingSquareFootageorAcresforthe!ƭƭĻƭƭƚƩ͸ƭParcels,theSpecialTaxAleviedagainstthe !ƭƭĻƭƭƚƩ͸ƭParcelinthenextFiscalYearshallbecalculatedbymultiplyingthenumberofBuilding SquareFootageorAcresbytheMaximumSpecialTaxperTaxableUnitidentifiedfortheTaxZone beloworasincludedinAppendixAaseachAnnexationoccurs. 1.SpecialTaxA a.DevelopedProperty (i)MaximumSpecialTaxA TheMaximumSpecialTaxAforeach!ƭƭĻƭƭƚƩ͸ƭParcelofDevelopedPropertyshallbespecific toeachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.20191, therateandmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTax AfortheTaxZonesannexedandincludedinAppendixA.TheMaximumSpecialTaxAfor DevelopedPropertyforFiscalYear20192020withinTaxZone1isidentifiedinTable1below: TABLE1 MAXIMUMSPECIALTAXARATES DEVELOPEDPROPERTY TaxTaxableMaximum ZoneTractLandUseCategoryUnitSpecialTaxA 1TR17170SingleFamilyResidentialPropertyRU$961 (ii)IncreaseintheMaximumSpecialTaxA OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforDeveloped Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems) forLosAngelesRiversideOrangeCounty(198284=100)sincethebeginningofthe precedingFiscalYear,orii)bytwopercent(2.0%),whicheverisgreater. (iii)MultipleLandUseCategories InsomeinstancesanAssessor'sParcelofDevelopedPropertymaycontainmorethanone LandUseCategory.TheMaximumSpecialTaxAthatcanbeleviedonanAssessor'sParcel shallbethesumoftheMaximumSpecialTaxAthatcanbeleviedforeachLandUseCategory locatedonthatAssessor'sParcel.ForanAssessor'sParcelthatcontainsmorethanoneland use,theAcreageofsuchAssessor'sParcelshallbeallocatedtoeachtypeofpropertybased ontheamountofAcreagedesignatedforeachlanduseasdeterminedbyreferencetothe siteplanapprovedforsuchAssessor'sParcel.TheAdministrator'sallocationtoeachtypeof propertyshallbefinal. b.ApprovedProperty TheMaximumSpecialTaxAforeach!ƭƭĻƭƭƚƩ͸ƭParcelofApprovedPropertyshallbespecificto eachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.20191,therate andmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTaxAforthe TaxZoneannexedandincludedinAppendixA.TheMaximumSpecialTaxAforApprovedproperty FiscalYear201920withinTaxZone1isidentifiedinTable2below: Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino5 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 101 6.d TABLE2 MAXIMUMSPECIALTAXARATES APPROVEDPROPERTY TaxTaxableMaximum ZoneTractLandUseCategoryUnitSpecialTaxA 1TR17170SingleFamilyResidentialRU$961 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforApprovedProperty shallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLosAngeles RiversideOrangeCounty(198284=100)sincethebeginningoftheprecedingFiscalYear,orii) bytwopercent(2.0%),whicheverisgreater. c.UndevelopedProperty TheMaximumSpecialTaxAforeach!ƭƭĻƭƭƚƩ͸ƭParcelofUndevelopedPropertyshallbespecific toeachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.20191,the rateandmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTaxAfor theTaxZoneannexedandincludedinAppendixA.TheMaximumSpecialTaxAforUndeveloped PropertyforFiscalYear201920withinTaxZone1isidentifiedinTable3below: TABLE3 MAXIMUMSPECIALTAXARATES UNDEVELOPEDPROPERTY TaxZoneTractsTaxableUnitMaximumSpecialTaxA 1TR17170Acre$4,338 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforUndevelopedProperty shallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLosAngeles RiversideOrangeCounty(198284=100)sincethebeginningoftheprecedingFiscalYear,orii) bytwopercent(2.0%),whicheverisgreater. 2.SpecialTaxB(Contingent) TheCityCouncilshalllevySpecialTaxB(Contingent)onlyintheeventthePOAdefaultsinitsbligation tomaintaintheContingentServices,whichdefaultshallbedeemedtohaveoccurred,asdetermined bytheAdministrator,ineachofthefollowingcircumstances: (a)ThePOAfilesforbankruptcy; (b)ThePOAisdissolved; (c)ThePOAceasestolevyannualassessmentsfortheContingentServices;or (d)ThePOAfailstoprovidetheContingentServicesatthesamelevelastheCityprovidessimilar servicesandmaintainssimilarimprovementsthroughouttheCityandwithinninety(90)days afterwrittennoticefromtheCity,orsuchlongerperiodpermittedbytheCityManager,fails toremedythedeficiencytothereasonablesatisfactionoftheCityCouncil. a.DevelopedProperty (i)MaximumSpecialTaxB(Contingent) Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino6 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 102 6.d TheMaximumSpecialTaxB(Contingent)foreach!ƭƭĻƭƭƚƩ͸ƭParcelofTaxablePropertyis showninTable4andshallbespecifictoeachTaxZonewithintheCFD.Whenadditional propertyisannexedintoCFDNo.20191,therateandmethodadoptedfortheannexed propertyshallreflecttheMaximumSpecialTaxB(Contingent)foreachTaxZonesannexed andincludedinAppendixA.TheMaximumSpecialTaxB(Contingent)forFiscalYear201920 withinTaxZone1isidentifiedinTable4below: TABLE4 MAXIMUMSPECIALTAXB(CONTINGENT)RATES DEVELOPEDPROPERTY TaxTaxableMaximumSpecial ZoneTractLandUseCategoryUnitTaxB(Contingent) 1TR17170SingleFamilyResidentialPropertyRU$0 (ii)IncreaseintheMaximumSpecialTaxB(Contingent) OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)for DevelopedPropertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex (AllItems)forLosAngelesRiversideOrangeCounty(198284=100)sincethebeginningof theprecedingFiscalYear,orii)bytwopercent(2.0%),whicheverisgreater. (iii)MultipleLandUseCategories InsomeinstancesanAssessor'sParcelofDevelopedPropertymaycontainmorethanone LandUseCategory.TheMaximumSpecialTaxB(Contingent)thatcanbeleviedonan Assessor'sParcelshallbethesumoftheMaximumSpecialTaxB(Contingent)thatcanbe leviedforeachLandUseCategorylocatedonthatAssessor'sParcel.ForanAssessor'sParcel thatcontainsmorethanonelanduse,theAcreageofsuchAssessor'sParcelshallbeallocated toeachtypeofpropertybasedontheamountofAcreagedesignatedforeachlanduseas determinedbyreferencetothesiteplanapprovedforsuchAssessor'sParcel.The Administrator'sallocationtoeachtypeofpropertyshallbefinal. b.ApprovedProperty TheMaximumSpecialTaxB(Contingent)foreach!ƭƭĻƭƭƚƩ͸ƭParcelofTaxablePropertyisshown inTable5andshallbespecifictoeachTaxZonewithintheCFD.Whenadditionalpropertyis annexedintoCFDNo.20191,therateandmethodadoptedfortheannexedpropertyshallreflect theMaximumSpecialTaxB(Contingent)fortheTaxZoneannexedandincludedinAppendixA. TheMaximumSpecialTaxB(Contingent)forFiscalYear201920withintheTaxZoneisidentified inTable5below: TABLE5 MAXIMUMSPECIALTAXB(CONTINGENT)RATES APPROVEDPROPERTY TaxTaxableMaximumSpecial ZoneTractLandUseCategoryUnitTaxB(Contingent) 1TR17170SingleFamilyResidentialPropertyRU$0 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)forApproved Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)for Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino7 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 103 6.d LosAngelesRiversideOrangeCounty(198284=100)sincethebeginningofthepreceding FiscalYear,orii)bytwopercent(2.0%),whicheverisgreater. c.UndevelopedProperty TheMaximumSpecialTaxB(Contingent)foreach!ƭƭĻƭƭƚƩ͸ƭParcelofTaxablePropertyisshown inTable6andshallbespecifictoeachTaxZonewithintheCFD.Whenadditionalpropertyis annexedintoCFDNo.20191,therateandmethodadoptedfortheannexedpropertyshallreflect theMaximumSpecialTaxB(Contingent)fortheTaxZoneannexedandincludedinAppendixA. TheMaximumSpecialTaxB(Contingent)forFiscalYear201920withintheTaxZoneisidentified inTable6below: TABLE6 MAXIMUMSPECIALTAXB(CONTINGENT)RATES UNDEVELOPEDPROPERTY TaxZoneMaximumSpecial TractsTaxableUnitTaxB(Contingent) 1TR17170Acre$0 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)forUndeveloped Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLos AngelesRiversideOrangeCounty(198284=100)sincethebeginningoftheprecedingFiscalYear, orii)bytwopercent(2.0%),whicheverisgreater. D. METHODOFAPPORTIONMENTOFANNUALSPECIALTAX 1.SpecialTaxA CommencingwithFiscalYear201920andforeachfollowingFiscalYear,theCouncilshalldetermine theSpecialTaxARequirementandshalllevytheSpecialTaxAonall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxable PropertyuntiltheaggregateamountofSpecialTaxAequalstheSpecialTaxARequirementforeach TaxZone.TheSpecialTaxAshallbeleviedforeachFiscalYearasfollows: First:TheSpecialTaxAshallbeleviedProportionatelyonall!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertywithineachTaxZoneupto100%oftheapplicableMaximumSpecialTaxtosatisfytheSpecial TaxARequirementforsuchTaxZone; Second:IfadditionalmoneysareneededtosatisfytheSpecialTaxARequirementforaTaxZone afterthefirststephasbeencompleted,theSpecialTaxAshallbeleviedProportionatelyoneach ParcelofApprovedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecialTaxAfor ApprovedProperty; Third:IfadditionalmoniesareneededtosatisfytheSpecialTaxARequirementforaTaxZone afterthefirsttwostepshasbeencompleted,theSpecialTaxAshallbeleviedProportionatelyonall !ƭƭĻƭƭƚƩ͸ƭParcelsofUndevelopedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecial TaxAforUndevelopedProperty. 2.SpecialTaxB(Contingent) CommencingwithFiscalYearinwhichSpecialTaxB(Contingent)isauthorizedtobeleviedandfor eachfollowingFiscalYear,theCityCouncilshalldeterminetheContingentSpecialTaxB(Contingent) RequirementforeachTaxZone,ifany,andshalllevytheSpecialTaxonall!ƭƭĻƭƭƚƩ͸ƭParcelsof Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino8 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 104 6.d TaxablePropertywithinsuchTaxZoneuntiltheaggregateamountofSpecialTaxB(Contingent)equals theSpecialTaxB(Contingent)RequirementforsuchTaxZone.TheSpecialTaxB(Contingent)Shall beleviedforeachFiscalYearasfollows: First:TheSpecialTaxshallbeleviedProportionatelyonall!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertyforaTaxZoneupto100%oftheapplicableMaximumSpecialTaxB(Contingent)tosatisfy theContingentSpecialTaxBRequirement; Second:IfadditionalmoneysareneededtosatisfytheContingentSpecialTaxBRequirementafter thefirststephasbeencompleted,theSpecialTaxB(Contingent)shallbeleviedProportionatelyon eachParcelofApprovedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecialTaxB (Contingent)forApprovedProperty; Third:IfadditionalmoniesareneededtosatisfytheContingentSpecialTaxBRequirementafter thefirsttwostepshasbeencompleted,theSpecialTaxB(Contingent)shallbeleviedProportionately onall!ƭƭĻƭƭƚƩ͸ƭParcelsofUndevelopedPropertywithinsuchTaxZoneupto100%oftheMaximum SpecialTaxB(Contingent)forUndevelopedProperty. E. FUTUREANNEXATIONS ItisanticipatedthatadditionalpropertieswillbeannexedtoCFDNo.20191fromtimetotime.As eachannexationisproposed,ananalysiswillbepreparedtodeterminetheannualcostforproviding Services.Basedonthisanalysis,thepropertytobeannexed,pursuanttoCaliforniaGovernmentCode section53339etseq.willbeassignedtotheappropriateMaximumSpecialTaxratefortheTaxZone whenannexedandincludedinAppendixA. F. DURATIONOFSPECIALTAX ForeachFiscalYear,theSpecialTaxAshallbeleviedaslongastheServicesarebeingprovided. ForeachFiscalYear,theSpecialTaxB(Contingent)shallbeleviedaslongastheContingentServices arebeingprovided. G. EXEMPTIONS TheCityshallclassifyasExemptPropertywithinCFDNo.20191,any!ƭƭĻƭƭƚƩ͸ƭParcels;(i)whichare ownedby,irrevocablyofferedfordedication,encumberedbyorrestrictedinusebyanypublicentity; (ii)withpublicorutilityeasementsmakingimpracticaltheirutilizationforotherthanthepurposesset forthintheeasement;(iii)whichareprivatelyownedbutareencumberedbyorrestrictedsolelyfor publicuses;or(iv)whichisinuseintheperformanceofapublicfunctionasdeterminedbythe Administrator. H. APPEALS AnypropertyownerclaimingthattheamountorapplicationoftheSpecialTaxesarenotcorrectmay fileawrittennoticeofappealwiththeCitynotlaterthantwelvemonthsafterhavingpaidthefirst installmentoftheSpecialTaxthatisdisputed.Arepresentative(s)ofCFDNo.20191shallpromptly reviewtheappeal,andifnecessary,meetwiththepropertyowner,considerwrittenandoralevidence regardingtheamountoftheSpecialTax,andruleontheappeal.IftheƩĻƦƩĻƭĻƓƷğƷźǝĻ͸ƭdecision requiresthattheSpecialTaxforan!ƭƭĻƭƭƚƩ͸ƭParcelbemodifiedorchangedinfavoroftheproperty owner,acashrefundshallnotbemade,butanadjustmentshallbemadetotheSpecialTaxonthat !ƭƭĻƭƭƚƩ͸ƭParcelinthesubsequentFiscalYear(s). Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino9 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 105 6.d I. MANNEROFCOLLECTION TheSpecialTaxshallbecollectedinthesamemannerandatthesametimeasordinaryadvalorem propertytaxes,provided,however,thatCFDNo.20191maycollecttheSpecialTaxatadifferenttime orinadifferentmannerifnecessarytomeetitsfinancialobligations. Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino10 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 106 6.d APPENDIXA CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) COSTESTIMATE SpecialTaxAServices Theestimatebreaksdownthecostsofprovidingoneyear'smaintenance servicesforFiscalYear202021.TheseservicesarebeingfundedbythelevyofSpecialTaxAfor CommunityFacilitiesDistrictNo.20191. TAXZONE6 PM19701(ParcelNo.3) ItemDescriptionEstimatedCost 1Landscaping$7,841 2Lighting$300 3Streets$4,362 4Reserves$310 5Admin$1,250 Total$14,063 SpecialTaxBContingentServices ΑTheestimateinthetablebelowbreaksdownthecostsof providingoneǤĻğƩ͸ƭcontingentmaintenanceservicesforFiscalYear202021.Ifnecessary,these serviceswillbefundedbythelevyofSpecialTaxB(Contingent)forCommunityFacilitiesDistrict No.20191TaxZone6. TAXZONE6(CONTINGENTSERVICES) PM19701(ParcelNo.3) ItemDescriptionEstimatedCost 1Drainage$2,153 2Reserves$215 3Admin$500 Total$2,868 TAXZONE6 FY202021MAXIMUMSPECIALTAXRATES DEVELOPEDPROPERTYANDAPPROVEDPROPERTY LandUseTaxableMaximumMaximum CategoryUnitSpecialTaxASpecialTaxB NonResidentialPropertyAcre$1,895$387 Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino11 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 107 6.d TAXZONE6 FY202021MAXIMUMSPECIALTAXRATES UNDEVELOPEDPROPERTY TaxableMaximumMaximum UnitSpecialTaxASpecialTaxB Acre$1,895$387 Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino12 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 108 6.d TAXZONESUMMARY TaxTractFiscalMaximumMaximum AnnexationZoneAPNYearSpecialTaxASpecialTaxBSubdivider Original117170201920$961/RU$0/RUSantiagoCommunities,Inc. 1217329201920$473/RU$0/RUJECEnterprises,Inc. 23PM19814202021$608/Acre$0/AcreGWS#4Development,LLC 34026604139201920$1,136/Acre$0/AcreDevoreStorageFacility,LLC 45TR20006202021$344/RU$50/RUTHRanchoPalma,LLC 56PM19701202021$1,895/Acre$387/AcreStrataPalma,LLC ESCALATIONOFMAXIMUMSPECIALTAXES OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxshallincreasebyi)the percentageincreaseintheConsumerPriceIndex(AllItems)forLosAngelesRiversideOrange County(198284=100)sincethebeginningoftheprecedingFiscalYear,orii)bytwopercent (2.0%),whicheverisgreater. Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino13 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 109 6.d APPENDIXB CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) DESCRIPTIONOFAUTHORIZEDSERVICES TheserviceswhichmaybefundedwithproceedsofthespecialtaxofCFDNo.20191,asprovidedby Section53313oftheAct,willincludeallcostsattributabletomaintaining,servicing,cleaning,repairing and/orreplacinglandscapedareas(mayincludereservesforreplacement)inpublicstreetrightofways, publiclandscaping,publicopenspacesandothersimilarlandscapedareasofficiallydedicatedforpublic use.Theseservicesincludingthefollowing: (a)maintenanceandlightingofparks,parkways,streets,roadsandopenspace,which maintenanceandlightingservicesmayinclude,withoutlimitation,furnishingofelectricalpowertostreet lightsandtrafficsignals;repairandreplacementofdamagedorinoperativelightbulbs,fixturesand standards;maintenance(includingirrigationandreplacement)oflandscapingvegetationsituatedonor adjacenttoparks,parkways,streets,roadsandopenspace;maintenanceandrepairofirrigationfacilities; maintenanceofpublicsignage;graffitiremovalfromandmaintenanceandrepairofpublicstructures situatedonparks,parkways,streets,roadsandopenspace;maintenanceandrepairofplaygroundor recreationprogramequipmentorfacilitiessituatedonanypark;and (b)maintenanceandoperationofwaterqualityimprovementswhichincludestormdrainage andfloodprotectionfacilities,including,withoutlimitation,drainageinlets,catchbasininserts,infiltration basins,floodcontrolchannels,fossilfuelfilters,andsimilarfacilities.Maintenanceservicesmayinclude butisnotlimitedtotherepair,removalorreplacementofallorpartofanyofthewaterquality improvements,fossilfuelfilterswithinthepublicrightofwayincludingtheremovalofpetroleum hydrocarbonsandotherpollutantsfromwaterrunoff,orappurtenantfacilities,clearingofinletsand outlets;erosionrepairs;andcleanuptoimprovements,andotheritemsnecessaryforthemaintenance, servicing;orbothofthewaterqualitybasinimprovementswithinfloodcontrolchannelimprovements; and (c)publicstreetsweeping,onthesegmentsofthearterialswithintheboundariesofCFDNo. 20191;aswellaslocalroadswithinresidentialsubdivisionslocatedwithinCFDNo.20191;andany portionsadjacenttothepropertieswithinCFDNo.20191;and Inadditiontopaymentofthecostandexpenseoftheforgoingservices,proceedsofthespecialtaxmay beexpendedtopayͻ!ķƒźƓźƭƷƩğƷźǝĻ9ǣƦĻƓƭĻƭͲͼassaidtermisdefinedintheRateandMethodof Apportionment. TheaboveservicesshallbelimitedtothoseprovidedwithintheboundariesofCFDNo.20191orforthe benefitofthepropertieswithintheboundariesofCFDNo.20191,astheboundaryisexpandedfromtime totimebyanticipatedannexations,andsaidservicesmaybefinancedbyproceedsofthespecialtaxof CFDNo.20191onlytotheextentthattheyareinadditiontothoseprovidedintheterritoryofCFDNo. 20191beforeCFDNo.20191wascreated. Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino14 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 110 6.d APPENDIXC CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) PROPOSEDBOUNDARIESANDPOTENTIALANNEXATIONAREABOUNDARIES Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CityofSanBernardino15 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 111 Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to 6.d Attachment: PW CFD 2019-1 Annex 5 - Att 2. Ex B RMA (6826 : Public Hearing on Annexation No. 5 to 6.d Packet Pg. 113 6.e RESOLUTION NO. 2020-188 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 5) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for August 5, 2020, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated August 5, 2020, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as certifying on said basis that the special mailed-ballot election was closed; and WHEREAS Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. This Council finds and determines that the foregoing recitals are true and correct. SECTION 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code. SECTION 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the City Council is also authorized, pursuant to said Section Attachment: PW CFD 2019-1 Annex 5 - Att 3. Reso Election Results (6826 : Public Hearing on Annexation No. 5 to Community Facilities District Packet Pg. 114 6.e Resolution No. 2020-188 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2020-155 adopted by the City Council on July 1, 2020. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 5 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on July 8, 2020, in Book 89 of Maps of Assessment and Community Facilities Districts at Page 28, in the office of the San Bernardino County Recorder. SECTION 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory. SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: PW CFD 2019-1 Annex 5 - Att 3. Reso Election Results (6826 : Public Hearing on Annexation No. 5 to Community Facilities District Packet Pg. 115 6.e Resolution No. 2020-188 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: PW CFD 2019-1 Annex 5 - Att 3. Reso Election Results (6826 : Public Hearing on Annexation No. 5 to Community Facilities District Packet Pg. 116 6.f EXHIBIT A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 5 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed-ballot election called by the City Council of the City of San Bernardino on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated July 1, 2020, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. favor of the ballot measure, the measure has therefore passed. Qualified Landowner Landowner Votes Votes Cast YES NO Strata Palma, LLC 9.21 10 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 ____________, 2020. Genoveva Rocha, CMC Acting City Clerk City of San Bernardino By: (Attach completed copies of Waiver/Consent and Ballot) Attachment: PW CFD 2019-1 Annex 5 - Att 3. Ex A Certificate (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019- Packet Pg. 117 6.g ORDINANCE NO. MC -1539 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2020-2021 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on August 5, 2020, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities Attachment: PW CFD 2019-1 Annex 5 - Att 4. Ordinance (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) Packet Pg. 118 6.g Ordinance MC-1539 District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2020-2021, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto, and in the amount set forth for each such parcel in said Exhibit "B." Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this XXth day of , 2020. Attachment: PW CFD 2019-1 Annex 5 - Att 4. Ordinance (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) 2 Packet Pg. 119 6.g Ordinance MC-1539 __________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, Acting City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney Attachment: PW CFD 2019-1 Annex 5 - Att 4. Ordinance (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) 3 Packet Pg. 120 6.g Ordinance MC-1539 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-_____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the XX day of , 2020. Ordinance No. MC-____ was approve passed and adopted at a regular meeting held the XX day of , 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. ______________________________ Genoveva Rocha, CMC, Acting City Clerk Attachment: PW CFD 2019-1 Annex 5 - Att 4. Ordinance (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) 4 Packet Pg. 121 6.h EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay ÐAdministrative Expenses,Ñ 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. Attachment: PW CFD 2019-1 Annex 5 - Att 4. Ex A Description of Services (6826 : Public Hearing on Annexation No. 5 to Community Facilities Packet Pg. 122 6.i EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2020-21 (Effective as of August 5, 2020) ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Cauffman Family Trust 4/20/98 0142-041-43 Original Formation Cauffman Family Trust 5/4/11 0142-041-46 0348-111-52, 0261-031-10, -11, 1 17329, LLC and 0261-062-11 thru -14 2 GWS #4 Development, LLC 0141-431-24 3 Devore Storage Facility, LLC 0266-041-39 4 TH Rancho Palma, LLC 0261-181-16, -17 5 Strata Palma, LLC 0261-182-41 Attachment: PW CFD 2019-1 Annex 5 - Att 4. Ex B Parcel List (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019- Packet Pg. 123 6.j PETITIONTO THECITY COUNCILOFTHECITYOFSAN BERNARDINO REQUESTING ANNEXINGTERRITORY INTOCOMMUNITYFACILITIESDISTRICT NO. 2019-1OFPROPERTYTHECITYOFSAN BERNARDINO ANDA WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITYFACILITIESACTOF 1982ANDCONSENTINGTOTHE LEVYOF SPECIALTAXESTHEREONTO PAYTHE COSTSOF SERVICESTOBE PROVIDED BYTHECOMMUNITYFACILITIESDISTRICT 1. TheundersignedrequeststhattheCityCounciloftheCityofSan Bernardino,initiate and conductproceedingspursuantto theMello-RoosCommunityFacilitiesActof1982(the“Act”) (Government Code Section53311 etseq.),to annex territoryintoCommunity FacilitiesDistrictNo.2019-1 (MaintenanceServices)(the “Community Facilities District”)ofthepropertydescribedbelowandconsentsto theannuallevyofspecialtaxesonsuch propertytopaythecostsofservicestobeprovidedbythe Community Facilities District. 2.Theundersignedrequeststhatthecommunityfacilitiesdistrictprovideany services thatarepermittedundertheActincluding,butnotlimitedto,allnecessaryservice,operations, administrationandmaintenancerequired to keep landscapelighting, street lighting,flood control facilities, ground cover, shrubs, plants and tree, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorousand satisfactory working condition. 3. Theundersignedherebycertifiesthatasofthedateindicatedoppositeits signature, itistheownerofallthepropertywithintheproposedboundariesoftheCommunityFacilities District describedinExhibitAheretoandasshownonthemapExhibitBhereto. 4. TheundersignedrequeststhataspecialelectionbeheldundertheActto authorize thespecialtaxesfortheproposedcommunityfacilities district.Theundersignedwaivesanyrequirementfor themailingoftheballotforthespecialelectionandexpresslyagreesthatsaidelectionmaybeconductedby mailedorhand-deliveredballottobereturnedasquicklyas possibletothedesignatedelectionofficial,being theofficeoftheCityClerkandtheundersignedrequest thattheresults ofsaidelectionbecanvassedand reportedtotheCityCouncilatthesamemeetingofthe CityCouncilasthepublic hearing on the creation of the CommunityFacilitiesDistrictoratthe nextavailablemeeting. 5. PursuanttoSections53326(a)and53327(b)oftheAct,theundersignedexpressly waivesallapplicablewaitingperiodsfortheelectionandwaivestherequirementforanalysisand argumentsrelatingtothespecialelection,andconsentstonothavingsuchmaterialsprovidedtothe landownerintheballotpacket,andexpresslywaivesanyrequirementsastotheformoftheballot.The undersignedexpresslywaivesallnoticerequirementsrelatingtohearingsandspecialelections(exceptfor publishednoticesrequiredbytheAct),andwhethersuchrequirementsarefoundintheCaliforniaElections Code,theCaliforniaGovernmentCodeorotherlawsorprocedures,includingbutnotlimitedtoanynotice providedforbycompliancewiththeprovisionsofSection4101oftheCaliforniaElectionsCode. 6.Theundersignedherebyconsentstoandexpresslywaivesanyandallclaims basedonanyirregularity,error,mistakeordeparturefromtheprovisionsoftheActorotherlawsofthe Attachment: PW.Annexation No. 5 Petition (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) Stateandanyandalllaws andrequirementsincorporatedtherein,andnosteporactioninanyproceeding relativetoannexingterritoryintoCommunityFacilities DistrictNo.2019-1oftheportionoftheincorporated areaoftheCity of San Bernardino orthespecialelectionthereinshallbeinvalidatedoraffectedbyanysuch irregularity,errormistakeordeparture. Packet Pg. 124 6.j IN WITNESS WHEREOF, I hereunto set my hand this13thdayofMay2020. STRATA PALMA, LLC aDelaware limited liability Company By: Strata Palma, LLC By: Name: Eric Flodine Title: Authorized Agent OWNER'S PROPERTY: PARCEL NO. 3 OFPARCEL MAP NO. 19701 OWNER'S MAILING ADDRESS: 4370 La Jolla Village Drive, Suite 960 San Diego, CA 92122 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 CityofSan Bernardino Attachment: PW.Annexation No. 5 Petition (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) Packet Pg. 125 6.j PRELIMINARY REPORTChicago Title Company YOUR REFERENCE: Strata PalmaORDER NO.: 00064797-996-SD1-RT4 EXHIBIT “A” LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN BERNARDINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1: (0261-181-01-0-000) THAT PORTION OF THE NORTHERLY 320 FEET OF BLOCK 71, PLAT OF THE TOWN OF IRVINGTON AND THE LAND OF IRVINGTON LAND AND WATER COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PUT RECORDED IN BOOK 3 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY, LYING SOUTHWESTERLY THAT PARCEL OF LAND CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED DECEMBER 13, 1948 IN BOOK 2334, PAGE 300, OFFICIAL RECORDS. PARCEL NO. 2: (0261-182-10-0-000) THOSE PORTIONS OF BLOCKS 65 AND 66, IRVINGTON LAND AND WATER COMPANY SUBDIVISION AND OF THE RIGHT OF WAY OF CAJON AVENUE, AS VACATED BY AN ORDINANCE OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, RECORDED IN BOOK 730, PAGE 369 OFFICIAL RECORDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 1, PAGE 32 RECORDS OF SURVEY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN A LINE PARALLEL WITH AND DISTANT 179.37 FEET NORTHWESTERLY MEASURED AT RIGHT ANGLES FROM THE NORTHWESTERLY LINE OF ORIGINAL 100 FOOT RIGHT OF WAY OF PALM AVENUE, AS SHOWN ON SAID MAP, DISTANT THEREON NORTH 27° 15' 52" EAST, 13.66 FEET FROM THE NORTHEASTERLY LINE OF KENDALL DRIVE, BY DEED RECORDED NOVEMBER 13, 1925, IN BOOK33, PAGE 284, OFFICIAL RECORDS; THENCE COURSE "A" FROM A TANGENT BEARING NORTH 41° 36' 14" WEST, NORTHWESTERLY ALONG A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 570.00 FEET THROUGH AN ANGLE OF 18° 26' 47", AN ARC DISTANCE OF 183.51 FEET; THENCE COURSE "B" TANGENT TO SAID CURVE, NORTH 23° 09' 27" WEST, 119.23 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 200.00 FEET; THENCE COURSE "C" NORTHWESTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 72° 14' 33", AN ARC DISTANCE OF 252.17 FEET; THENCE COURSE "D" TANGENT TO SAID CURVE, SOUTH 84° 36' 00" WEST, 251.15 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 262.00 FEET; THENCE COURSE "E" WESTERLY ALONGSAID CURVE, THROUGH AN ANGLE OF L° 47' 20" AN ARC DISTANCE OF 8.18 FEET TO SAID NORTHEASTERLY LINE OF KENDALL DRIVE; THENCE COURSE "F" ALONG SAID NORTHEASTERLY LINE, NORTH 58° 09' 24" WEST, 454.34 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 10.00 FEET OF THE ORIGINAL 80 FOOT RIGHT OF WAY OF CHESTNUT AVENUE, AS SHOWN ON SAID MAP; THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 27° 22' 26" EAST TO THE CENTER LINE (OR CONTINUATION THEREOF) OF A 130 FOOT EASEMENT FOR A FLOOD CONTROL CHANNEL, AS GRANTED TO SAN BERNARDINO COUNTY, BY DEED RECORDED NOVEMBER 15, 1948 IN BOOK2321, PAGE 57 OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE SOUTHEASTERLY TO THE INTERSECTION THEREOF WITH SAID LINE PARALLEL WITH AND DISTANT 179.39 FEET NORTHWESTERLY MEASURED AT RIGHT ANGELS FROM SAID NORTHWESTERLY LINE OF THE ORIGINAL 100 FOOT RIGHT OF WAY OF PALM AVENUE; THENCE ALONG SAID PARALLEL LINE SOUTH 27° 15' 22" WEST TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING SOUTHEASTERLY OF THE NORTHERLY LINE OF THE EASEMENT AS GRANTED TO THE CITY OF SAN BERNARDINO BY DEED RECORDED APRIL 18, 1972, IN BOOK 7911, PAGE 578, OFFICIAL RECORDS. Attachment: PW.Annexation No. 5 Petition (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) ALSO EXCEPT ALL MINERALS, OIL, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THAT PORTION OF SAID PARCEL OF UND LYING SOUTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT 712.66 FEET SOUTHEASTERLY, MEASURED CLTA Preliminary Report Form – Modified (11/17/06)Page 3 Packet Pg. 126 6.j PRELIMINARY REPORTChicago Title Company YOUR REFERENCE: Strata PalmaORDER NO.: 00064797-996-SD1-RT4 EXHIBIT A (Continued) AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID ORIGINAL 80 FOOT RIGHT OF WAY OF CHESTNUT AVENUE, AS RESERVED IN THE DEEDS TO THE STATE OF CALIFORNIA, RECORDED APRIL 19, 1957 IN BOOK 4210, PAGES 202 AND 206, OFFICIAL RECORDS. ALSO EXCEPT ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY THAT MAY BE WITHIN OR UNDER THAT PORTION OF SAID PARCEL OF UND LYING NORTHWESTERLY OF LINE PARALLEL WITH AND DISTANT 712.66 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM SAID SOUTHEASTERLY LINE OF THE ORIGINAL 80 FOOT RIGHT OF WAY OF CHESTNUT AVENUE, WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE THEREOF, AS EXCEPTED IN DEED FROM STATE OF CALIFORNIA, RECORDED SEPTEMBER 19, 1961 IN BOOK 5539, PAGE 161, OFFICIAL RECORDS. PARCEL NO. 3: (PORTION OF 0261-181-15-0-000) THOSE PORTIONS OF LOTS 1 AND 11, INCLUSIVE, TRACT NO. 3167, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 42, OF MAPS, PAGE 59, RECORDS OF SAID COUNTY, AND THAT PORTION OF LOT (OR BLOCK) 71, LYING NORTHEASTERLY OF SAID TRACT NO. 3167, AS SAID LOT (OR BLOCK) 71 IS SHOWN ON PLAT OF THE TOWN OF IRVINGTON AND THE LAND IRVINGTON LAND AND WATER COMPANY, AS PER MAP RECORDED IN BOOK 3OF MAPS, PAGE 9, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT, SOUTH 27° 22' 26" WEST 226.90 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHWESTERLY LINE THEREOF, NORTH 58° 09' 24" WEST 19.15 FEET; THENCE NORTH 48° 57' 13" WEST, 45.78 FEET; THENCE FROM A TANGENT BEARING NORTH 47° 53' 17" WEST, NORTHWESTERLY ALONG A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 17.912 FEET THROUGH AN ANGLE OF 0° 42' 17" AN ARC DISTANCE OF 220.36 FEET THENCE TANGENT TO SAID CURVE NORTH 47° 11' 00" WEST, 1098.80 FEET TO A POINT IN THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF LOT 13 OF SAID TRACT NO. 3167, DISTANT ALONG SAID PROLONGATION, NORTH 27° 30' 04" EAST, 69.31 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 13; THENCE ALONG SAID PROLONGATION NORTH 27° 30' EAST, (RECORDED NORTH 28° 04' 30" EAST AS PER TRACT NO. 3167) TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 320.00 FEET TO SAID LOT (OR BLOCK) 71; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE TO THE INTERSECTION THEREOF WITH THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG THE LAST MENTIONED NORTHEASTERLY PROLONGATION SOUTH 27° 22' 26" WEST (RECORDED NORTH 27° 57' 15" EAST PER TRACT NO. 3167), TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREIN ABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THESURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF LAND HEREINABOVE DESCRIBED OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONSTRUCTED ON SAID LANDS, AS RESERVED IN THE Attachment: PW.Annexation No. 5 Petition (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) DEEDS FROM MARY LOUISE STOUFFER TO THE STATE OF CALIFORNIA, RECORDED MAY 3, 1975, IN BOOK 4221, PAGE 462, OFFICIAL RECORDS, (AFFECTS LOTS 1 AND 2 OF TRACT NO. 3167) W. H. CASADY, TO THE STATE OF CALIFORNIA, RECORDED MAY 10, 1957, IN BOOK 4227, PAGE 279, OFFICIAL RECORDS, (AFFECTS CLTA Preliminary Report Form – Modified (11/17/06)Page 4 Packet Pg. 127 6.j PRELIMINARY REPORTChicago Title Company YOUR REFERENCE: Strata PalmaORDER NO.: 00064797-996-SD1-RT4 EXHIBIT A (Continued) LOT 6 OF TRACT NO. 3167); MARY LOUISE STOUFFER, TO THE STATE OF CALIFORNIA, RECORDED MAY 3, 1957 IN BOOK 4221, PAGE 457, OFFICIAL RECORDS (AFFECTS LOT 9 OF TRACT NO. 3167); W. H. CASADY, TO THE STATE OF CALIFORNIA, RECORDED MAY 10, 1957, IN BOOK 4227, PAGE 275, OFFICIAL RECORDS, (AFFECTS A PORTION OF BLOCK 71); MARY LOUISE STOUFFER, TO THE STATE OF CALIFORNIA, RECORDED MAY 3, 1957, IN BOOK 4221, PAGE 449, OFFICIAL RECORDS, (AFFECTING A PORTION OF BLOCK 71); MARY LOUISE STOUFFER, TO THE STATE OF CALIFORNIA, RECORDED MAY 3, 1957, IN BOOK 4221, PAGE 453, OFFICIAL RECORDS, (AFFECTS A PORTION OF BLOCK 71). ALSO EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS, AND OTHER HYDROCARBONS AND MINERALS, NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER, OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND UNLIMITED RIGHT TO MINE, DRILL AND ORE BENEATH THE SURFACE OF SAID LAND AT ANY LEVEL OR LEVELS, 100 FEET OR MORE BELOW THE SURFACE FOR THE PURPOSE OF DEVELOPMENT OR REMOVAL OF SUCH SUBSTANCES, AS RESERVED IN THE DEED FROM W. H. CASADY TO AUGUST SIOLA AND JOSEPHINE SIOLA, RECORDED FEBRUARY 29, 1956, IN BOOK 3869, PAGE 434, OFFICIAL RECORDS, (AFFECTS LOT 11 OF TRACT NO. 3167, AND A PORTION OF LOT OR BLOCK 71, ABOVE DESCRIBED). AND FURTHER EXCEPTING THEREFROM AND RESERVING UNTO THE STATE OF CALIFORNIA ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE HEREIN CONVEYED PORTIONS OF LOTS 3, 4, 5, 7, 8, 10 AND 11 OF SAID TRACT NO. 3167, TOGETHER WITH THE REMAINING 1/2 INTEREST IN AND TO SAID MINERALS, OIL, GASES AND HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER SAID HEREIN CONVEYED PORTIONS OF SAID LOT (OR BLOCK) 71, LYING NORTHWESTERLY OF THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF LOT 10, OF SAID TRACT NO. 3167, WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE OF THE HEREIN CONVEYED PARCEL OF LAND, AS CONTAINED IN THE DEED FOR THE STATE OF CALIFORNIA TO SAL MARTINO, AN UNMARRIED MAN, DATED FEBRUARY 2, 1962 AND RECORDED MARCH 6, 1962 IN BOOK 5657 PAGE 37, OFFICIAL RECORDS. NOTE: SAID LAND IS ALSO SHOWN ON THE LICENSED LAND SURVEYOR'S MAP RECORDED IN BOOK 1, PAGE 32, RECORD OF SURVEY. ALSO EXCEPTING THEREFROM A PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY LINE OF THE EASEMENT AS GRANTED TO THE CITY OF SAN BERNARDINO BY DEED RECORDED APRIL 18, 1972 IN BOOK7911 PAGE 578, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED IN CERTIFICATE OF COMPLIANCE FOR LOT MERGER RECORDED DECEMBER 14, 2007 AS INSTRUMENT NOS. 2007-697014 AND 2007-697016, BOTH OF OFFICIAL RECORDS. PARCEL 4: (PORTION OF 0261-181-15-0-000) THAT PORTION OF CHESTNUT AVENUE LYING BETWEEN BLOCKS 64 AND 71 ON THE PLAT OF THE TOWN OF IRVINGTON AND THE LAND OF IRVINGTON LAND AND WATER COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA, RECORDED IN BOOK 3, PAGE 9 MAPS, IN THE OFFICE OF THE COUNTY RECORDED OF SAID COUNTY, LYING SOUTHWESTERLY OF THE CENTERLINE OF THE CABLE FLOOD CONTROL CREEK RIGHT OF WAY, 130 FEET WIDE, MORE PARTICULARLY DESCRIBED IN THE EASEMENT DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RECORDED APRIL 10, 1948 IN BOOK 2210, PAGE 167 OF OFFICIAL RECORDS, AND LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF LITTLE LEAGUE DRIVE, MORE PARTICULARLY DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO RECORDED APRIL 18, 1972 IN BOOK 7911, PAGE 578 OF OFFICIAL RECORDS. Attachment: PW.Annexation No. 5 Petition (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) PARCEL 5: (0261-181-13-0-000) CLTA Preliminary Report Form – Modified (11/17/06)Page 5 Packet Pg. 128 6.j PRELIMINARY REPORTChicago Title Company YOUR REFERENCE: Strata PalmaORDER NO.: 00064797-996-SD1-RT4 EXHIBIT A (Continued) THOSE PORTIONS OF LOTS 1 THROUGH 4, INCLUSIVE, OF TRACT NO. 3167, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK42 PAGE 59 OF MAPS, LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THAT CERTAIN EASEMENT GRANTED TO THE CITY OF SAN BERNARDINO RECORDED APRIL 18, 1972 IN BOOK 7911 PAGE 578, TOGETHER WITH THAT PORTION OF THE VACATED ALLEY (20.00 FEET IN WIDTH), AS PER RESOLUTION NO. 2007-335, RECORDED AUGUST 9, 2007 AS DOCUMENT NO. 2007-0465937, LYING ADJACENT TO SAID LOTS 1 THROUGH 4, ALL OFFICIAL RECORDS OF THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WAY LINE OF CHESTNUT AVENUE (60.00 FEET IN WIDTH) AND SAID NORTHEASTERLY LINE OF EASEMENT TO THE CITY OF SAN BERNARDINO; THENCE, ALONG SAID NORTHEASTERLY LINE, THE FOLLOWING THREE (3) COURSES AND DISTANCES: NORTH 48° 22' 52" WEST 49.55 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 17852.00 FEET, A RADIAL BEARING TO SAID BEGINNING OF NON-TANGENT CURVE BEARS SOUTH 42° 41' 07" WEST; THENCE, NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00° 42' 14" AND AN ARC LENGTH OF 219.30 FEET; THENCE, NORTH 46° 36' 39" WEST 150.66 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 4; THENCE, ALONG SAID NORTHWESTERLY LINE AND ITS NORTHEASTERLY PROLONGATION, NORTH 30° 44' 30" EAST 89.57 FEET TO THE NORTHEASTERLY LINE OF SAID VACATED ALLEY; THENCE, ALONG SAID NORTHEASTERLY LINE, SOUTH 59° 15' 30" EAST 401.24 FEET TO SAID NORTHWESTERLY RIGHT-OF-WAY LINE OF CHESTNUT AVENUE; THENCE, ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, SOUTH 27° 57' 15" WEST 178.82 FEET TO THE POINT OF BEGINNING. PARCEL 6: (0261-181-14-0-000) THOSE PORTIONS OF LOTS 5 THROUGH 8, INCLUSIVE, OF TRACT NO. 3167, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK42 PAGE 59 OF MAPS, LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THAT CERTAIN EASEMENT GRANTED TO THE CITY OF SAN BERNARDINO RECORDED APRIL 18, 1972 IN BOOK 7911 PAGE 578, TOGETHER WITH THAT PORTION OF THE VACATED ALLEY (20.00 FEET IN WIDTH), AS PER RESOLUTION NO. 2007-335, RECORDED AUGUST 9, 2007 AS DOCUMENT NO. 2007-0465937, LYING ADJACENT TO SAID LOTS 5 THROUGH 8, ALL OFFICIAL RECORDS OF THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THAT CERTAIN LOT MERGER RECORDED DECEMBER 14, 2007 AS DOCUMENT NO. 2007-697014, SHOWN AS LOT MERGER NO. ENG. 2007-007, OF OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING THE INTERSECTION OF SAID NORTHEASTERLY LINE OF EASEMENT TO THE CITY OF SAN BERNARDINO AND THE SOUTHEASTERLY LINE OF SAID LOT 5; THENCE, ALONG SAID NORTHEASTERLY LINE, NORTH 46° 36' 39" WEST 409.07 FEET TO ITS INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT MERGER, SAID PROLONGATION ALSO BEING THE NORTHEASTERLY LINE OF SAID VACATED ALLEY; THENCE, SOUTHEASTERLY ALONG SAID PROLONGATION, SOUTH 59° 15' 30" EAST 399.15 FEET TO THE NORTHERLY CORNER OF SAID LOT MERGER; THENCE, ALONG THE NORTHWESTERLY LINE OF SAID LOT MERGER AND THE SOUTHEASTERLY LINE OF SAID LOT 5, SOUTH 30° 44' 30" WEST 89.57 FEET TO THE POINT OF BEGINNING. Attachment: PW.Annexation No. 5 Petition (6826 : Public Hearing on Annexation No. 5 to Community Facilities District 2019-1) CLTA Preliminary Report Form – Modified (11/17/06)Page 6 Packet Pg. 129 Attachment: PW.Annexation No. 5 PowerPoint \[Revision 1\] 6.k Packet Pg. 133 Works/City Engineer Director of Public 1 Annexation No. 5: - Alex Qishta Deputy 41 (PM 19701) Parcel No. 3 - 182 - Public Hearing CFD No. 2019 0261 Presented by Attachment: PW.Annexation No. 5 PowerPoint \[Revision 1\] 6.k . - Packet Pg. 134 O THE N MC IN . O N ISTRICT EXIST D : . WILL RDINANCE AND ACILITIES O2020 ACTIONS F , 19 EXISTS ; UGUST AMENDING NOW OMMUNITY FOLLOWING A C IT ELECTION , THE FOR AS ( 1 - RDINANCE O TAKING ELECTION 1 Annexation No. 5 ERNARDINO - 2019 BY B RDINANCE AN . LANDOWNER THE O O AN N S OF "CFD") SPECIAL CFD , CANVASS MENDED ITY OR IN NTRODUCE OF A I C " , 1 AND - TOTAX THE ELECTION OF RESULTS 2019 . THE SPECIAL O ELECTION N TERRITORY RESOLUTIONS THE OF ADOPTION DECLARING CALLING , ("CFD ) AND LANDOWNER PRECEDING HEARING ERVICES ANNEXATION ESOLUTION ESOLUTION S APPORTIONING THE READING R R SPECIAL A A OF PUBLIC A AND FINAL INITIATE OLD DOPT OLD Public Hearing on CFD 2019 DOPT A H A H THE . . . . AINTENANCE LEVYING ABCD ANDAPPROVAL AND OUNCIL (M ; C ) 1 AND - PON ITY CHEDULE U CS ... 12019 21522 FUTURE 3 Recommended Action Attachment: PW.Annexation No. 5 PowerPoint \[Revision 1\] 6.k Packet Pg. 135 - 1 to cover the - 1 Annexation No. 5 - 41 within PM 19701. - 182 - 1 and hold a Public Hearing on August 5, 2020. The - Public Hearing on CFD 2019 The Property Owner, Strata Palma, LLC, has requested the City assist them in annexing territory into CFD No. 2019costs associated with the maintenance of Public Improvements.The area proposed within Annexation No. 5 includes one parcel APN 0261On July 1, 2020 the City Council adopted Resolution No. 2020155, a Resolution of Intention to annex these properties into CFD No. 2019property owner consented to waiving certain time restriction and conduct the election the same night. Discussion Attachment: PW.Annexation No. 5 PowerPoint \[Revision 1\] 6.k Packet Pg. 136 This tax rate 1 Annexation No. 5 - 1 as Tax Zone 6. - Public Hearing on CFD 2019 The proposed maximum annual tax of $2,282 per acre will be included in CFD No. 2019 includes a Maximum Special Tax A of $1,895 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $387 per acre per year.Both Annual Special Tax A and Annual Special Tax B (Contingent) rates are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Discussion (Cont.) Attachment: PW.Annexation No. 5 PowerPoint \[Revision 1\] 6.k Packet Pg. 137 way - of - 1 Annexation No. 5 - Public Hearing on CFD 2019 All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rightsPublic lighting including street lights and traffic signals,Maintenance of streets, including pavement management, and street sweeping,Maintenance and operation of water quality improvements including storm drainage and flood protection facilitiesIn addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds. The services, which may be funded with proceeds of the special tax include: Discussion (Cont.) Attachment: PW.Annexation No. 5 PowerPoint \[Revision 1\] 6.k Packet Pg. 138 Project Location Attachment: PW.Annexation No. 5 PowerPoint \[Revision 1\] 6.k Packet Pg. 139 1 Annexation No. 5 - out the total Special Tax revenues - Public Hearing on CFD 2019 It is anticipated that at buildto pay for maintenance costs will be approximately $16,931. All costs associated with the annexation is borne by the Fund. Fiscal Impact Attachment: PW.Annexation No. 5 PowerPoint \[Revision 1\] 6.k Packet Pg. 140 Questions? 7 Public Hearing City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Jim Slobojan, Acting Finance Director Subject: Annexation No. 1 to Community Facilities District 2018-1 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2020-193 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), and calling elections therein; 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2020-194 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying the results of the August 5, 2020 annexation and special tax election. Background On July 1, 2020, the Mayor and City Council adopted Resolution No. 2020-152, a Resolution of Intention to annex territory into Community Facilities District No. 2018-1 (Safety Services) of the City of S - was set for August 5, 2020 on the proposed annexation of the said territory into the Community Facilities District. As required by Resolution 2020-152, a boundary map was recorded on July 8, 2020, at 11:28 a.m. in Book 89 Page 27, Document No. 2020- 0227136 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder. Resolution 2020-152 was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 28 gross acres of vacant residential property within the City, requesting that the City assist with annexing their properties into CFD No. 2018-1 under the Mello-Roos Act. The State legislature enacted the Mello- Packet Pg. 141 Page 1 7 6850 Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2018-1 to levy a special tax to cover the costs associated with financing public safety costs. The public services to be financed within the territory to be annexed to the District are the following: Police protection services (including but not limited to criminal justice services) and paramedic services; and 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 operating reserves. The proposed total maximum tax rate is $385 per residential unit for FY 2020/21. The maximum annual tax rate is proposed to escalate each year after July 1, 2024 by four percent (4.0%). The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election. In order to annex property to CFD No. 2018-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt three statutorily required Resolutions are summarized below. 1. Facilities District No. 2018-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted June 17, 2020. 2. 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. 3. Resolution declaring the results of the election and directing the recording of the notice of special tax lien. Discussion Resolution 2020-152 called for a public hearing to be held on August 5, 2020 on the issue of the annexation of territory into CFD No. 2018-1. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the CFD may not be created. If a majority protest is not filed, the Mayor and City Packet Pg. 142 Page 2 7 6850 Council may adopt the resolution establishing the CFD. Resolution No. 2018-264 was adopted on September 19, 2018, which established CFD 2018-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2020-193, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2020-194, declaring the results of the election. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No 1a: Financial Stability by securing a long- term revenue source and to ensure the development of a well-planned balanced and sustainable city. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $45,815 to be used to pay for safety services. The Maximum Special Tax rate is proposed to escalate each year after July 1, 2024 by four percent (4.0%). All costs associated with annexation into the CFD have been borne by the Developer. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2020-193 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), and calling elections therein; 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2020-194 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying Packet Pg. 143 Page 3 7 6850 the results of the August 5, 2020 annexation and special tax election. Attachments Attachment 1 Project Map Attachment 2 Resolution No. 2020-- Ballot Attachment 3 Resolution No. 2020-- Ballot; Exhib- Certificate of Election Results Attachment 4 Registrar of Voters Ward: 5 Synopsis of Previous Council Actions: August 15, 2018 Mayor and City Council adopted Resolution No. 2018-239, a Resolution of Intention to form Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the - September 19, 2018 Mayor and City Council adopted Resolution No. 2018-264 was adopted establishing Community Facilities District No. 2018-1; Resolution No. 2018-265 was adopted declaring election results for Community Facilities District No. 2018-1; and first reading of Ordinance No. MC-1506 levying special taxes to be collected during FY 2019-20 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1. October 3, 2018 Final reading of Ordinance No. MC-1506 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. 2018-1. June 17, 2020 Mayor and City Council adopted Resolution No. 2020-193, a Resolution of Intention to annex territory into Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino - Packet Pg. 144 Page 4 Attachment: FN. CFD 2018-1 Annx 1 - Project Map- Attachment 1 (6850 : Annexation No. 1 to Community 7.a Packet Pg. 145 7.b RESOLUTION NO. 2020-193 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES), ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES), AND CALLING ELECTIONS THEREIN WHEREAS, San Bernardino adopted Resolution No. 2018-239, declaring its intention to establish Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) --Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title WHEREAS, after a duly noticed public hearing, the City Council adopted Resolution No. 2018-26Formation 2018-1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in AD to the Resolution No. 2018- an appropriations limit for Community Facilities District No. 2018-1; and WHEREAS, pursuant to a petition signed by Richard P. Douglass (t July 1, 2020, the City Council adopted Resolution No. 2020-152 (the WHEREAS, a notice of a public hearing to be held on August 5, 2020 was published and mailed to all landowners of the land proposed to be included within the Annexation Territory as required by law relative to the intention of the City Council to annex the Annexation Territory to the District and to levy a special tax in accordance with the Rate and Method (as defined below); and WHEREAS, on August 5, 2020, this City Council held a noticed public hearing as required by law relative to the proposed annexation of the Annexation Territory, the levy of Cf Method in all respects except that Appendix A thereto has been updated in accordance with the terms of the Original Rate and Method to reflect the annexation described herein; and WHEREAS, at the August 5, 2020 public hearing all persons desiring to be heard on all matters pertaining to the proposed annexation of the Annexation Territory to the District and the levy of the special taxes within the Annexation Territory in accordance with the Rate and Method were heard and a full and fair hearing was held; and Attachment: FIN. CFD 2018-1 Annx 1 - Resolution 2020-193. Calling Election. Reso (6850 : Annexation No. 1 to Community Facilities District Packet Pg. 146 7.b Resolution No. 2020-193 WHEREAS, at the public hearing, evidence was presented to the City Council on the matters before it, and the proposed annexation of the Annexation Territory to the District and the levy of special taxes within the Annexation Territory in accordance with the Rate and Method was not precluded by a majority protest of the type described in Section 53339.6 of the Act, and this City Council at the conclusion of the hearing is fully advised as to all matters relating to the annexation of the Annexation Territory and the levy of the special taxes in accordance with the Rate and Method; and WHEREAS, the City Council has determined that there have been fewer than twelve registered voters residing in the Annexation Territory for the period of 90 days prior to July 1, 2020 and that the qualified electors in Annexation Territory are the landowners therein; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the annexation of the Annexation Territory to the District and to call an election within the Annexation Territory to authorize the levy of special taxes pursuant to the Rate and Method. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Each of the above recitals is true and correct. SECTION 2. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District and the proposed annexation of the Annexation Territory to the District were valid and in conformity with the requirements of law, including the Act. SECTION 3. The map showing the original boundaries of the District designated as -1 of the City of San recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk- August 16, 2018 as Instrument No. 2018-0300849. The map showing the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-ino in Book No. 89 Page No. 27, on July 8, 2020 as Instrument No. 2020-0227136. SECTION 4. The City Council hereby adopts the Rate and Method attached as Annexation Territory. Except where funds are otherwise available, it is the intention of the City Council, subject to the approval of the eligible voters within the Annexation Territory, to levy the proposed special taxes at the rates within the Annexation Territory set forth in the Rate and Method on all non-exempt property within the Annexation Territory sufficient to pay for (i) the Attachment: FIN. CFD 2018-1 Annx 1 - Resolution 2020-193. Calling Election. Reso (6850 : Annexation No. 1 to Community Facilities District Packet Pg. 147 7.b Resolution No. 2020-193 Services (as defined in the Rate and Method), (ii) fund an operating reserve for the costs of Services as determined by the City, and (v) Administrative Expenses (as defined in the Rate and Method). The District expects to incur, and in certain cases has already incurred, Administrative Expenses in connection with the annexation of the Annexation Territory to the District. The rate and method of apportionment of the special tax applicable to the Annexation Territory is Intention contains sufficient detail to allow each landowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel. The special tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property. SECTION 5. parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. The special tax may be levied for such period as the Services are needed, as Bto the Resolution of Intention. SECTION 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Annexation Territory and this lien shall continue in force and effect until the levy of the special tax by the District ceases in accordance with the Rate and Method. SECTION 7. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within the Annexation Territory, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within the Annexation Territory and will be benefited by the Services proposed to be provided within Community Facilities District No. 2018-1 and the Annexation Territory. SECTION 8. It is hereby further determined that there is no ad valorem property tax currently being levied on property within the Annexation Territory for the exclusive purpose of paying for the same services as are proposed to be provided by Community Facilities District No. 2018-1. SECTION 9. Written protests against the annexation of the Annexation Territory to the District and the levy of the special tax therein have not been filed by one-half or more of the registered voters within the boundaries of the Annexation Territory to the District or by the property owners of one-half or more of the area of land within the boundaries of the Annexation Territory. The City Council hereby finds that the proposed special tax for the Annexation Territory has not been precluded by a majority protest pursuant to Section 53324 of the Act. SECTION 10. An election is hereby called for the Annexation Territory on the propositions of annexation to the District and the levying the special tax on the property within such Annexation Territory, pursuant to Section 53339.7 of the Act. The propositions to be A Attachment: FIN. CFD 2018-1 Annx 1 - Resolution 2020-193. Calling Election. Reso (6850 : Annexation No. 1 to Community Facilities District Packet Pg. 148 7.b Resolution No. 2020-193 SECTION 11. The date of the foregoing elections for each Proposed Annexation Territory shall be August 5, 2020, or such later date as is consented to by the City Clerk and the landowners within the Annexation Territory. The City Clerk shall conduct the elections. Except as otherwise provided by the Act, the elections shall be conducted by personally delivered or mailed ballot and, except as otherwise provided by the Act, the elections shall be conducted in accordance with the provisions of law regulating elections of the City insofar as such provisions are determined by the City Clerk to be applicable. SECTION 12. It is hereby found that there are not more than twelve registered voters within the territory of the Annexation Territory, and, pursuant to Section 53339.7 of the Act, each landowner who is the owner of record on the date hereof, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he or she owns within the Annexation Territory. SECTION 13. 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 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 14. 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 15. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: FIN. CFD 2018-1 Annx 1 - Resolution 2020-193. Calling Election. Reso (6850 : Annexation No. 1 to Community Facilities District Packet Pg. 149 7.b Resolution No. 2020-193 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: FIN. CFD 2018-1 Annx 1 - Resolution 2020-193. Calling Election. Reso (6850 : Annexation No. 1 to Community Facilities District Packet Pg. 150 7.c EXHIBITA CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 1 (August 5, 2020) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) No. 2018- of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes TH Rancho Palma, LLC 28.34 29 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the of the City of San Bernardino (the the above-named landowner is entitled to cast the number of votes shown above under the heading 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. 2018-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than July 22, 2020, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on August 5, 2020, at the office at 201 N. Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on August 5, 2020. Very truly yours, Genoveva Rocha, CMC, Acting City Clerk Attachment: FN. CFD 2018-1 Annx 1 - Resolution 2020-193. Calling Election. Exhibi A- Ballot-Attachment 2 (6850 : Annexation No. 1 to Packet Pg. 151 7.c TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIALSPECIALTAXBALLOT Name & Address of Property Owner: Parcel Number(s): TH Rancho Palma, LLC 0261-181-16 Attn: Richard P. Douglass 0261-181-17 450 Newport Center Drive, Suite 300 Newport Beach, CA 92660 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT 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 . TH Rancho Palma, LLC, a Delaware limited liability company By: Richard P. Douglass Authorizing Agent Trumark Homes Signature Print Name Title Attachment: FN. CFD 2018-1 Annx 1 - Resolution 2020-193. Calling Election. Exhibi A- Ballot-Attachment 2 (6850 : Annexation No. 1 to Packet Pg. 152 7.d RESOLUTION NO. 2020-194 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) CERTIFYING THE RESULTS OF THE AUGUST 5, 2020 ANNEXATION AND SPECIAL TAX ELECTION WHEREAS, ions on August 5, 2020 within the boundaries of o. 2020-152 adopted by the City Council on July 1, 2020, which territory is to be annexed to Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino -2020- 194 for the purpose of presenting to the qualified electors within the Annexation Territory the propositions attached hereto as Exhibit A; and WHEREAS, there has been presented to this City Council a certificate of the City Clerk canvassing the results of the election, a copy of which is attached hereto as Exhibit B. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District. SECTION 2. The Proposition presented to the qualified electors of the Annexation Territory on August 5, 2020 were approved by more than two-thirds of the votes cast at the election held for the Annexation Territory and Propositions A and B each has carried. The City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the Annexation Territory, which is hereby annexed to the District in accordance with Proposition A, the special tax described in Proposition B for the purposes described therein. SECTION 3. The City Council, acting as the legislative body of the District, is hereby authorized to take the necessary steps to levy the special tax authorized by Proposition B in accordance with Ordinance No. MC-1506 approved by the City Council, acting as the legislative body of the District. SECTION 4. The City Clerk is hereby directed to record in the Office of the County Recorder within fifteen days of the date hereof a notice of special tax lien for the Annexation Territory which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5. Attachment: FIN. CFD 2018-1 Annx 1 - Resolution 2020-194. Declaring Election Results. Reso (6850 : Annexation No. 1 to Community Facilities Packet Pg. 153 7.d Resolution No. 2020-194 SECTION 5. 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 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 Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: FIN. CFD 2018-1 Annx 1 - Resolution 2020-194. Declaring Election Results. Reso (6850 : Annexation No. 1 to Community Facilities Packet Pg. 154 7.d Resolution No. 2020-194 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: FIN. CFD 2018-1 Annx 1 - Resolution 2020-194. Declaring Election Results. Reso (6850 : Annexation No. 1 to Community Facilities Packet Pg. 155 7.e EXHIBITA CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 1 (August 5, 2020) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) No. 2018- of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes TH Rancho Palma, LLC 28.34 29 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the of the City of San Bernardino (the the above-named landowner is entitled to cast the number of votes shown above under the heading 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. 2018-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than July 22, 2020, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on August 5, 2020, at the office at 201 N. Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on August 5, 2020. Very truly yours, Genoveva Rocha, CMC, Acting City Clerk Attachment: FN CFD 2018-1 Annx 1 - Resolution 2020-194 Declaring Election Results Exhibi A- Ballot-Attachment 3 (6850 : Annexation No. 1 Packet Pg. 156 7.e TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIALSPECIALTAXBALLOT Name & Address of Property Owner: Parcel Number(s): TH Rancho Palma, LLC 0261-181-16 Attn: Richard P. Douglass 0261-181-17 450 Newport Center Drive, Suite 300 Newport Beach, CA 92660 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT 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 . TH Rancho Palma, LLC, a Delaware limited liability company By: Richard P. Douglass Authorizing Agent Trumark Homes Signature Print Name Title Attachment: FN CFD 2018-1 Annx 1 - Resolution 2020-194 Declaring Election Results Exhibi A- Ballot-Attachment 3 (6850 : Annexation No. 1 Packet Pg. 157 7.f 9–IL.L . CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 1 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the Deputy City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed- Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated July 1, 2020, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. ballot measures, the measures has therefore passed. Qualified PROPOSITION A PROPOSITION B Landowner Votes Landowner Votes Cast YES NO YES NO TH Rancho Palma, LLC 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 ____________, 2020. Genoveva Rocha, CMC Acting City Clerk City of San Bernardino By: (Attach completed copies of Waiver/Consent and Ballot) Attachment: FN. CFD 2018-1 Annx 1 - Resolution 2020-194. Declaring Election Results. Exhibit B -Attachment 3 (6850 : Annexation No. 1 to Packet Pg. 158 7.g 777 East Rialto Avenue, San Bernardino, CA 92415 | Phone: 909.387.8300 Fax: 909.387.2022 Bob Page Registrar of Voters Registrar of Voters July 1, 2020 Spicer Consulting Group 41619 Margarita Rd, Suite 101 Temecula, CA 92591 Attention: Shane Spicer To Whom It May Concern: On June 24, 2020, the San Bernardino County Registrar of Voters received a request to provide the number of registered voters residing within Annexation No. 1 of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services). After examining the voter registration records within this area, the Registrar of Voters certifies the following information as of July 1, 2020: Registered voters within the area: 0 Attached, you will find an invoice for services rendered for this request. If you have any questions, please contact the Registrar of Voters at (909) 387-8300. Sincerely, Melissa Eickman Media Specialist Attachment: FN. CFD 2018-1 Annx 1 - Registrar of Voters- Attachment 4 (6850 : Annexation No. 1 to Community Facilities District 2018-1) Packet Pg. 159 8 Public Hearing City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Jim Slobojan, Acting Finance Director Subject: Proceedings to Form Proposed CFD No. 2020-1 (Rancho Palma) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2020-195 of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding and Acquisition Agreement; and 3. Adopt Resolution No. 2020-196 of the Mayor and City Council of the City of San Bernardino, California, determining the necessity to incur a bonded indebtedness for Community Facilities District No. 2020-1 (Rancho Palma), submitting to the qualified electors of the Community Facilities District a proposition to authorize the levy of a special tax therein, to authorize such Community Facilities District to incur a bonded indebtedness secured by the levy of a special therein to finance certain types of public facilities and to establish an appropriations limit for such Community Facilities District and calling a special election for the Community Facilities District on a proposition for incurring such bonded indebtedness; and 4. Adopt Resolution No. 2020-197 of the Mayor and City Council of the City of San Bernardino, California calling a special election and submitting to the voters of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino propositions regarding the annual levy of special taxes within the Community Facilities District to pay principal of and interest on bonds thereof and to pay the costs of public facilities and establishing an appropriations limit thereof; and 5. Adopt Resolution No. 2020-198 of the Mayor and City Council of the City of San Packet Pg. 160 Page 1 8 6851 Bernardino, California declaring the results of the consolidated special elections within Community Facilities District No. 2020-1 (Rancho Palma); and 6. Introduce, read by title only, and waive further reading of Ordinance MC-1540 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of Community Facilities District No. 2020-1 (Rancho Palma), authorizing the levy of special taxes in such community facilities district. Background owner and developer of APN Nos. 0261-181-16 and 0261-181- encompassing the Property, to finance: a) water system facilities, including capacity in existing facilities, and sewer system facilities, capacity in existing facilities and sewage treatment and disposal capacity, storm drain improvements and transportation improvements, including street and traffic improvements of the City and such other improvements authorized by the Act; and b) the incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed community facilities district, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed community facilities district, and (iii) any other expenses incidental to the construction, completion, and inspection of the public facilities. On July 1, 2020, Mayor and City Council approved Resolution Nos. 2020-149 and 2020- 150, which initiated the formation of the CFD, approved the boundaries of the proposed CFD, described the facilities proposed to be financed, proposed a rate and method of apportionment of special taxes and declared the necessity to issue bonds secured by such special tax levy to finance the City facilities. Additionally, the resolutions set forth a public hearing to be held on August 5, 2020. Discussion On August 5, 2020, the Mayor and City Council will hold a public hearing regarding the formation of the proposed CFD and the issuance of bonded indebtedness therein. If a majority of the landowners within the boundaries of the proposed CFD do not register written or oral protests, then the Mayor and City Council may consider adopting the following resolutions: Resolution No. 2020-195 specifies that special taxes will be levied on all parcels of taxable property within the CFD to pay principal and interest on the bonds of the CFD, which will be issued to finance the District Facilities, the School Facilities and the City Facilities, and to pay the cost for the maintenance of parks, park and recreation Packet Pg. 161 Page 2 8 6851 facilities, parkways and open space areas, including street trees and landscaped areas. The amount of special taxes that may be levied for these purposes are set forth in Exhibit A to the Resolution. Resolution 2020-195 also approves the form of Funding and Acquisition Agreement, which sets forth the terms and conditions under which the City will acquire improvements constructed by the Owner. Resolution No. 2020-196 authorizes the CFD to incur a bonded indebtedness in an aggregate principal amount not to exceed $5,000,000 for the purpose of financing the City facilities as described above and calls a special election for the proposition of the CFD incurring a bonded indebtedness. Resolution No. 2020-197 schedules the elections for the CFD with respect to the annual levy of special taxes to pay principal and interest on bonds of the CFD, with respect to the annual levy of special taxes to pay for the maintenance of parks, park and recreation improvements, public parkways and open space areas, including street trees and landscaped areas, and with respect to establishing an annual appropriations limit of $11,200,000. The City Clerk and the Owner have consented to hold the election on August 5, 2020. The County of San Bernardino Registrar of Voters has certified that there are no registered voters within the boundaries of the CFD. Following the adoption of the Resolution No. 2020-197, the City Clerk will conduct the election and declare the election results. Following the election, the Mayor and City Council may adopt Resolution No. 2020-198, which declares the results of the election. If the results are in favor of the levy of special taxes within the CFD and the incurrence of bonded indebtedness therein, the Mayor and City Council may call for the first reading of Ordinance MC-1540, which authorizes the levy of special taxes within the CFD. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Financial Stability, by securing a long term revenue source. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact There is no impact to the City as any bonds issued by CFD No. 2020-1 are not obligations of the City and will be secured solely by the Special Taxes levied in CFD No. 2020-1. CFD No. 2020-1 will annually levy special taxes on all of the taxable property within the CFD and in accordance with the Rate and Method of Apportionment (RMA) in order to pay for the cost of facilities, debt service on bonds, and administration of the CFD 2020-1. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: Packet Pg. 162 Page 3 8 6851 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2020-195 of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding and Acquisition Agreement; and 3. Adopt Resolution No. 2020-196 of the Mayor and City Council of the City of San Bernardino, California, determining the necessity to incur a bonded indebtedness for Community Facilities District No. 2020-1 (Rancho Palma), submitting to the qualified electors of the Community Facilities District a proposition to authorize the levy of a special tax therein, to authorize such Community Facilities District to incur a bonded indebtedness secured by the levy of a special therein to finance certain types of public facilities and to establish an appropriations limit for such Community Facilities District and calling a special election for the Community Facilities District on a proposition for incurring such bonded indebtedness; and 4. Adopt Resolution No. 2020-197 of the Mayor and City Council of the City of San Bernardino, California calling a special election and submitting to the voters of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino propositions regarding the annual levy of special taxes within the Community Facilities District to pay principal of and interest on bonds thereof and to pay the costs of public facilities and establishing an appropriations limit thereof; and 5. Adopt Resolution No. 2020-198 of the Mayor and City Council of the City of San Bernardino, California declaring the results of the consolidated special elections within Community Facilities District No. 2020-1 (Rancho Palma); and 6. Introduce, read by title only, and waive further reading of Ordinance MC-1540 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of Community Facilities District No. 2020-1 (Rancho Palma), authorizing the levy of special taxes in such community facilities district. Attachments Attachment 1 Resolution 2020-195 Establishing the CFD; Exhibit A - Description of Facilities; Exhibit B - Rate & Method of Apportionment Attachment 2 Resolution 2020-196 Determining Necessity; Exhibit A - Description of Facilities Attachment 3 Resolution 2020-197 Calling Elections; Exhibit A - Official Ballot Attachment 4 Resolution 2020-198 Declaring Results of the Election Attachment 5 Ordinance MC-1540 Authorizing Levy of Special Taxes; Exhibit A - Rate & Method of Apportionment Attachment 6 CFD Report Attachment 7 Funding and Acquisition Agreement Packet Pg. 163 Page 4 8 6851 Ward:5 Synopsis of Previous Council Actions: July 1, 2020 Resolution No. 2020-149 was adopted by the Mayor and City Council, Declaring Intention to Establish Proposed Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino and approve Resolution No. 2020-150 of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino. Packet Pg. 164 Page 5 8.a RESOLUTION NO. 2020-195 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND THE BOUNDARIES THEREOF AND APPROVING A FUNDING AND ACQUISITION AGREEMENT WHEREAS, the City Council (the City Council) of the City of San Bernardino (the City) has heretofore adopted the Resolution of Intention stating that a community facilities district to be known as Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California (CFD No. 2020-1), is proposed to be established pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the Mello- Roos Community Facilities Act of 1982 (the Act), and fixing the time and place for a public hearing on the formation of CFD No. 2020-1; and WHEREAS, CFD No. 2020-1 is proposed to be established for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of the property within CFD No. 2020-1 and the financing of certain public facilities proposed to be acquired or constructed and financed by CFD No. 2020-1, as more particularly described in Exhibit A attached hereto (the Facilities), and it is proposed that CFD No. 2020-1 will be authorized to issue bonds and incur a bonded indebtedness for the purpose of financing such Facilities in the aggregate principal amount of $5,000,000; and WHEREAS, notice was published and mailed to the owner of all of the property in CFD No. 2020-1 relative to the intention of the City Council to establish CFD No. 2020-1, the levy of special taxes therein, the provision of public facilities therein and the incurring of a bonded indebtedness by CFD No. 2020-1 for the purpose of financing such public facilities, and of the time and place of the public hearing; and WHEREAS, there has been presented to the City Council an agreement entitled Funding and Acquisition Agreement (the Funding Agreement) to be entered into between the City, on behalf of CFD No. 2020-1, and TH Rancho Palma, LLC, a Delaware limited liability company; and WHEREAS, on August 5, 2020, the City Council conducted the public hearing as required by law relative to the formation of CFD No. 2020-1, the levy of special taxes therein, the provision of public facilities and services therein, and the incurring of a bonded indebtedness by CFD No. 2020-1; and WHEREAS, prior to the commencement of the public hearing there was filed with the City Council a report (the Report) containing a description of the public facilities required to Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation- Attachment 1. Reso \[Revision 1\] (6851 : Proceedings to Form Proposed Packet Pg. 165 8.a Resolution No. 2020-195 adequately meet the needs of CFD No. 2020-1, and an estimate of the fair and reasonable costs of providing such public facilities, as required by Section 53321.5 of the Act; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of CFD No. 2020-1, the levy of the special taxes therein, the provision of public facilities therein, and the incurring of the bonded indebtedness thereby were heard, and a full and fair hearing was held; and WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it, and the City Council, at the conclusion of the hearing, was fully advised as to all matters relating to the formation of CFD No. 2020-1, the levy of the special taxes therein, the provision of public facilities therein, and the incurring of the bonded indebtedness therefor; and WHEREAS, the City Council may, therefore, proceed to establish CFD No. 2020-1; and WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of San Bernardino that there are no persons registered to vote in the territory of CFD No. 2020-1. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds as follows: (a) All of the preceding recitals are true and correct; (b) On August 5, 2020, pursuant to notice thereof duly given as provided by law, the City Council conducted a public hearing with respect to the formation of CFD No. 2020-1, and the incurring of bonded indebtedness by and for CFD No. 2020-1 and the annual levying of specified special taxes on the taxable property within CFD No. 2020-1 to pay principal of and interest on bonds to be issued by and for CFD No. 2020-1 to finance the Facilities and other obligations which are described in Section 3(a) hereof; (c) The boundary map of CFD No. 2020-1 was recorded on July 8, 2020, pursuant to Sections 3111 and 3113 of the California Streets and Highways Code, at page 26 in Book 89 of Maps of Assessment and Community Facilities Districts, and as Instrument No. 2020-0227135 in the official records of the County of San Bernardino; (d) All prior proceedings with respect to the formation of CFD No. 2020-1 prior to and during the public hearing with respect to the formation of CFD No. 2020-1 which was conducted by the City Council on August 5, 2020, were valid and in conformity with the requirements of the Act; (e) No written protests were received, at or prior to the time of the public hearing, against the formation of CFD No. 2020-1, or the levying of the special taxes, or the incurring of a bonded indebtedness by CFD No. 2020-1, or the furnishing of specified types of public facilities, and the special taxes and public facilities have, therefore, not been eliminated by majority protest pursuant to Section 53324 of the Act; Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation- Attachment 1. Reso \[Revision 1\] (6851 : Proceedings to Form Proposed 2 Packet Pg. 166 8.a Resolution No. 2020-195 (f) The City Council is, therefore, authorized to adopt a resolution of formation pursuant to Section 53325.1 of the Act for the formation of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California, and CFD No. 2020-1 should be established; and (g) Twelve (12) persons have not been registered to vote within the territory of CFD No. 2020-1 for each of the 90 days preceding the close of the public hearing on August 5, 2020, and pursuant to Section 53326 of the Act, the vote in the Consolidated Special Elections (defined below) provided for in Section 10 hereof shall, therefore, be by the landowners of CFD No. 2020-1 whose property would be subject to the special taxes if they were levied at the time of the elections, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within CFD No. 2020-1 which would be subject to the proposed special taxes if they were levied at the time of the elections. SECTION 2. Formation of District. Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California, is hereby established. The boundaries of CFD No. 2020-1 are set forth and shown on the map entitled Proposed Boundary Map - Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California, which is on file with the City Clerk, and those boundaries are hereby established. SECTION 3. Types of Facilities; Incidental Expenses. (a) A general description of public facilities proposed to be acquired or constructed and financed by CFD No. 2020-1 is set forth in Exhibit A attached hereto and incorporated herein by this reference (the Facilities). (b) The incidental expenses, as such term is defined in Section 53317(c) of the Act, which will be incurred may include, but not be limited to: (i) the cost of planning and designing such facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of CFD No. 2020-1, issuance and administration of the bonds thereof, the determination of the amount of and collection of taxes, and the payment of taxes, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2020-1, and (iii) any other expenses incidental to the construction, completion, acquisition and inspection of the Facilities (the Incidental Expenses). SECTION 4. Special Taxes. Except where funds are otherwise available, a special tax sufficient to finance the Facilities and related Incidental Expenses (the Special Taxes), secured by the recordation of a continuing lien against all taxable or nonexempt property in CFD No. 2020-1, shall be annually levied within the CFD No. 2020-1. Under no circumstances will the Special Tax levied in any fiscal year against any parcel used for private residential purposes be increased as consequence of delinquency or default by the owner of any other parcel or parcels within CFD No. 2020-1 by more than 10 percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A parcel shall be considered used for private residential purposes not Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation- Attachment 1. Reso \[Revision 1\] (6851 : Proceedings to Form Proposed 3 Packet Pg. 167 8.a Resolution No. 2020-195 later than the date on which an occupancy permit or the equivalent for private residential use is issued and for such parcel. For further particulars as to the rate and method of apportionment of the Special Taxes to be levied on parcels of taxable property in CFD No. 2020-1 reference is made to the attached and incorporated Exhibit B (the Rate and Method) which sets forth in sufficient detail the rate and method of apportionment of the Special Taxes to allow each landowner or resident within each CFD No. 2020-1 to clearly estimate the maximum amount that such person will have to pay. The conditions under which the obligation to pay the Special Tax may be prepaid and permanently satisfied are as set forth in the Rate and Method. Pursuant to Section 53340 of the Act, said Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that CFD No. 2020-1 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessors parcels as permitted by the Act. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Taxes shall attach to all non-exempt real property in CFD No. 2020-1, and that lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied in the case of the Special Tax and the lien is canceled in accordance with law or until collection of the Special Taxes ceases. SECTION 5. Exempt Properties. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Taxes. SECTION 6. Report. The Report is hereby approved and is made a part of the record of the public hearing regarding the formation of CFD No. 2020-1, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings. SECTION 7. Repayment of Funds Advanced or Work-in-Kind. Pursuant to Section 53314.9 of the Act, the City Council proposes to accept advances of funds or work-in-kind from private persons or private entities and to provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including but not limited to, paying any costs incurred by the City in creating CFD No. 2020-1, and to enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind to repay funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. SECTION 8. Prohibition of Owner Contracts. Pursuant to Section 53329.5 of the Act, the City Council finds that the public interest will not be served by allowing the owners of property within CFD No. 2020-1 to enter into a contract in accordance with subdivision (a) of that section, and that such owners shall not be permitted to elect to perform the work and enter Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation- Attachment 1. Reso \[Revision 1\] (6851 : Proceedings to Form Proposed 4 Packet Pg. 168 8.a Resolution No. 2020-195 into a written contract with the City for the construction for the Facilities pursuant to said Section 53329.5. SECTION 9. Description of Voting Procedures. Except as otherwise provided in this section, the consolidated special elections on the propositions identified below shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, insofar as they may be applicable. The voting procedures to be followed in conducting the consolidated special elections on (i) the proposition with respect to CFD No. 2020-1 incurring a bonded indebtedness, (ii) the proposition with respect to the levy of special taxes on parcels of taxable property within CFD No. 2020-1 to pay the principal of and interest on the bonds of CFD No. 2020-1, and (iii) the proposition with respect to establishing an appropriations limit for CFD No. 2020-1 in the amount of $5,000,000 (the Consolidated Special Elections) shall be as follows: (a) The Consolidated Special Elections shall be held on the earliest date, following the adoption by the City Council of this resolution, the resolution determining the necessity for CFD No. 2020-1 to incur a bonded indebtedness pursuant to Section 53351 of the Act, and a resolution pursuant to Section 53326 of the Act submitting to the qualified electors of CFD No. 2020-1 the propositions with respect to (i) CFD No. 2020-1 incurring a bonded indebtedness, (ii) the levy of special taxes to pay the principal of and interest on the bonds of CFD No. 2020-1, and (iii) establishing an appropriations limit for the community facilities district to the qualified electors of the community facilities district, upon which such elections can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within CFD No. 2020-1 and the City Clerk agree and concur is acceptable. (b) Pursuant to Section 53326 of the Act, the Consolidated Special Elections may be held earlier than 90 days following the close of the public hearing if the qualified electors of CFD No. 2020-1 waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (c) Pursuant to Section 53326 of the Act, ballots for the Consolidated Special Elections shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service. (d) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolutions calling and consolidating the Consolidated Special Elections, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of that Code, an impartial analysis by the City Attorney pursuant to Section 9280 of that Code with respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the Resolution of Formation Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation- Attachment 1. Reso \[Revision 1\] (6851 : Proceedings to Form Proposed 5 Packet Pg. 169 8.a Resolution No. 2020-195 provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners who are qualified electors and shall be so stated in the resolution adopted by the City Council calling the Consolidated Special Elections. Such statement, impartial analysis and arguments, if any, shall be prepared by the City Attorney. (e) The official ballot to be mailed or delivered by the City Clerk or her designee to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner- voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voters land ownership within CFD No. 2020-1. (f) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (g) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by the hour on the date of the election which is specified by the City Council in the resolution calling the Consolidated Special Elections for the receipt of voted ballots; provided that if all qualified voters have voted, the elections shall be closed with the concurrence of the City Clerk. (h) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the Consolidated Special Elections, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. The procedures set forth in this section for conducting the consolidated special elections, if they are held, may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council. SECTION 10. Funding and Acquisition Agreement. The Funding Agreement is approved and the City Manager and the City Clerk are authorized to execute and deliver the Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation- Attachment 1. Reso \[Revision 1\] (6851 : Proceedings to Form Proposed 6 Packet Pg. 170 8.a Resolution No. 2020-195 Funding and Acquisition Agreement on behalf of the City in the form presented to the City Council at the meeting at which this resolution is adopted, with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 11. 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 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. APPROVED and ADOPTED by the City Council and signed by the Mayor and Attested by the Acting City Clerk this 5th day of August, 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Attest: Sonia R. Carvalho, City Attorney Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation- Attachment 1. Reso \[Revision 1\] (6851 : Proceedings to Form Proposed 7 Packet Pg. 171 8.a Resolution No. 2020-195 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. ____, adopted at a regular meeting held on the 5th day of August, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2020. ______________________________ Genoveva Rocha, CMC, Acting City Clerk Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation- Attachment 1. Reso \[Revision 1\] (6851 : Proceedings to Form Proposed B-1 Packet Pg. 172 8.b EXHIBIT A DESCRIPTION OF FACILITIES The types of public Facilities proposed to be provided for and financed by the proposed CFD 2020-1 (a) water system facilities, including capacity in existing facilities, and sewer system facilities, including capacity in existing facilities and sewage treatment and disposal capacity, storm drain improvements and transportation improvements, including street and traffic improvements of the City and such other improvements authorized by the Act; and (b) The incidental expenses which will be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed community facilities district, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district, and (iii) any other expenses incidental to the construction, completion, and Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation. EXHIBIT A (6851 : Proceedings to Form Proposed CFD No. 2020-1 Packet Pg. 173 8.c EXHIBIT B RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino ("CFD No. 2020- determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2020-1 by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: or means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, map, parcel map, condominium plan, or other recorded parcel map or instrument. The square footage of "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2020-1: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes A to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2020-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2020-1 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2020-1 and any major property owner associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2020-1 or any designee thereof related to an appeal of the Special administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2020-1 for any other administrative purposes of CFD No. 2020-ted to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" st Map that was recorded prior to the January 1 preceding the Fiscal Year in which the Special Tax is being st levied, and (ii) that have not been issued a building permit on or before June 1 preceding the Fiscal Year in which the Special Tax is being levied. Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation. EXHIBIT B (6851 : Proceedings to Form Proposed CFD No. 2020-1 B-1 Packet Pg. 174 8.c means a lot or parcel of land designate means an official map of the Assessor of the County designating parcels by means that number assigned to purposes of identification. "Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Tax within CFD No. 2020-1 have been pledged. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for cancelled building permits, or any subsequent building permit document(s) authorizing new construction determined by the CFD Administrator, provided that following such determination the Maximum Special f Taxable Property will be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. " means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. or -1" means Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino established by the City under the Act. means the City of San Bernardino, State of California. "City Council" means the City Council of the City of San Bernardino, acting as the Legislative Body of CFD No. 2020-1, or its designee. means a condominium plan pursuant to California Civil Code, Section 4200 et seq. "County" means the County of San Bernardino, State of California. "Developed Property" Property that: (i) are included in a Final st Map that was recorded prior to the January 1 preceding the Fiscal Year in which the Special Tax is being Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation. EXHIBIT B (6851 : Proceedings to Form Proposed CFD No. 2020-1 B-2 Packet Pg. 175 8.c st levied, and (ii) a Building Permit for new construction was issued on or before June 1 preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" provided for in Section F. "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 that creates individual lots for which Building Permits may be issued without further subdivision. stth "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2020- Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an -Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an means for Taxable Property for Special Tax that is (i) Developed Property, that the Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Specia Undeveloped Property. "Provisional Undeveloped Property" otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F. "Residential Property" s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Residential Units. Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation. EXHIBIT B (6851 : Proceedings to Form Proposed CFD No. 2020-1 B-3 Packet Pg. 176 8.c 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 CFD Administrator. "Special Tax" or means any of the special taxes authorized to be levied within CFD No. 2020-1 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established under the Indenture in association with the Bonds to the extent that replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year, (v) to cure any delinquencies in the amount of principal or interest on the Bonds that occurred in a previous Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2020-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" o. 2020-1, which are not Exempt Property. means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" Property, Approved Property, Provisional Undeveloped Property. B. SPECIAL TAX Commencing Fiscal Year 2020-2021 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX Each Fiscal Year, beginning with Fiscal Year 2020--1 Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. - Property shall further be classified as a Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation. EXHIBIT B (6851 : Proceedings to Form Proposed CFD No. 2020-1 B-4 Packet Pg. 177 8.c Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage. In Residential Unit(s) have been or will be built (in accordance with the Final Map or Condominium Plan) determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Spec Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amounts shall be levied as Developed Property in accordance with Step 1 and, if applicable, Step 4 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Proper the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the amount determined in clause (2). D. MAXIMUM SPECIAL TAX 1. Developed Property Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax. -Residential Property and Multifamily Property shall be the applicable Assigned Special Tax described in Table 1 of Section D. a. Assigned Special Tax or Non-Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2020-2021 shall be determined pursuant to Table 1 below. Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation. EXHIBIT B (6851 : Proceedings to Form Proposed CFD No. 2020-1 B-5 Packet Pg. 178 8.c TABLE 1 ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY FISCAL YEAR 2020-2021 Assigned Special Taxable Tax Per Taxable Land Use Category Unit Building Square Footage Unit 1. Single Family Residential Property RU Less than 2,100 sq. ft $1,880 2. Single Family Residential Property RU 2,100 sq. ft to 2,399 sq. ft $2,080 3. Single Family Residential Property RU 2,400 sq. ft to 2,699 sq. ft $2,185 4. Single Family Residential Property RU 2,700 sq. ft to 2,999 sq. ft $2,420 5. Single Family Residential Property RU Greater than 2,999 sq. ft $2,525 6. Multifamily Property Acre N/A $16,490 7. Non-Residential Property Acre N/A $16,490 b. Multiple Land Use Categories Special Tax for each Taxable Unit for all Land Use Cate c. Backup Special Tax Residential Property shall calculated according to the following formula. B = (U x A) / L The terms above have the following meanings: within the Final Map. U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below. A = Acreage of Single Family Residential Property that exists or is expected to exist in such Final Map at the time of calculation, as determined by the Administrator. L = Number of Asses build out in such Final Map at the time of calculation, as determined by the Administrator. In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Property for which a certificate of occupancy has been granted may not be revised. In the event any superseding Final Map is recorded as a Final Map within the boundaries of the CFD, Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation. EXHIBIT B (6851 : Proceedings to Form Proposed CFD No. 2020-1 B-6 Packet Pg. 179 8.c The Backup Special Tax shall not apply to Multifamily Residential Property or Non-Residential Property. 2. Approved Property as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above. as Multifamily Residential Property or Non-Residential Property shall be $16,490 per Acre. 3. Undeveloped Property and Provisional Undeveloped Property Undeveloped Property shall be $16,490 per Acre. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing Fiscal Year 2020-2021 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps: Step One: Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Pr Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on needed to satisfy the Special Tax Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Special Tax applicable to each such Assesso Tax Requirement. Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year l be increased by more than ten percent (10%) above Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation. EXHIBIT B (6851 : Proceedings to Form Proposed CFD No. 2020-1 B-7 Packet Pg. 180 8.c the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default. F. EXEMPTIONS The City shall classify as Exempt Property, in the chronological order in which the property becomes restricted in use by the State of California, Federal or other local governments, including school districts, Parcels which are used as places of worship and are exempt from ad valorem property irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) by or determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 15.91 Acres. Notwithstand such classification would reduce the sum of all Taxable Property to less than 15.91 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 15.91 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E. G. PREPAYMENT OF SPECIAL TAX The following additional definitions apply to this Section G: means $3,750,000 expressed in 2020 dollars, which shall increase by the Construction Inflation Index on July 1, 2020, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2020-1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment. means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2020-1. means the annual percentage change in the Engineering News-Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News- Record Building Cost Index for the City of Los Angeles. means the CFD Public Facilities minus public facility costs available to be funded, or that were funded, through existing construction or escrow accounts or funded by the Outstanding Bonds or Special Taxes, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation. EXHIBIT B (6851 : Proceedings to Form Proposed CFD No. 2020-1 B-8 Packet Pg. 181 8.c Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax. 1. Prepayment in Full The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for which a Building Per nently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to the Maximum S with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the -refundable deposit, the CFD Administrator shall notify such owner less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount shall be calculated as follows (some capitalized terms are defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Equals: Prepayment Amount The Prepayment Amount shall be determined as of the proposed prepayment date as follows: 1. 2. Parcel as though it was already designated as Developed Property, based upon the Building Permit Undeveloped Property for which a Building Permit has not been issued, or Provisional Undelevoped Property to be prepaid, compute the Maximum Spe 3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Parcels of Taxable Property based been previously prepaid. Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation. EXHIBIT B (6851 : Proceedings to Form Proposed CFD No. 2020-1 B-9 Packet Pg. 182 8.c 4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the 5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstandi 6. Determine the Future Facilities Costs. 7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for t 8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments. 9. which have not yet been paid. 10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount. 11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived 12. Verify the administrative fees and expenses of the CFD, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence 13. expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit. 15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD. Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation. EXHIBIT B (6851 : Proceedings to Form Proposed CFD No. 2020-1 B-10 Packet Pg. 183 8.c The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments. As a result of the payment cel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses. Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council. 2. Prepayment in Part Property, Undeveloped Property or Provisional Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula: PP = ((P A) x F) +A E These terms have the following meaning: PP = Partial Prepayment Amount P = the Prepayment Amount calculated according to Section G.1 E Maximum Special Tax obligation A = the Administrative Fees and Expenses determined pursuant to Section G.1 partially prepay the Maximum Special Tax partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non- refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amo 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount. Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation. EXHIBIT B (6851 : Proceedings to Form Proposed CFD No. 2020-1 B-11 Packet Pg. 184 8.c or which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment Amount percentage (1.00 - E. H. TERMINATION OF SPECIAL TAX Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2060-2061 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2020-1 Bonds have been paid; (ii) all authorized facilities of CFD No. 2020-1 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2020-1 have been satisfied. 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. 2020-1 may collect Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may J. APPEALS OF SPECIAL TAXES the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce shall be made. The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified. Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution of Formation. EXHIBIT B (6851 : Proceedings to Form Proposed CFD No. 2020-1 B-12 Packet Pg. 185 8.d RESOLUTION NO. 2020-196 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DETERMINING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA), SUBMITTING TO THE QUALIFIED ELECTORS OF THE COMMUNITY FACILITIES DISTRICT A PROPOSITION TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED INDEBTEDNESS SECURED BY THE LEVY OF A SPECIAL THEREIN TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION FOR THE COMMUNITY FACILITIES DISTRICT ON A PROPOSITION FOR INCURRING SUCH BONDED INDEBTEDNESS WHEREAS, on July 1, 2020, the City Council (the City Council) of the City of San Bernardino (the City-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the Act), adopted Resolution No. 2020-196 declaring the necessity for Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California (the 2020-1), to incur a bonded indebtedness for the purpose of providing and financing certain public facilities which are necessary to meet increased demands placed upon the City as a result of development which will occur within CFD No. 2020-1; and WHEREAS, notice was published and mailed to the owner of all of the property in CFD No. 2020-1 relative to the intention of the City Council to establish CFD No. 2020-1, to incur a bonded indebtedness for CFD No. 2020-1the levy of special taxes therein, the provision of public facilities therein, and of the time and place of the public hearing; and WHEREAS, on August 5, 2020, at the time and place of the hearing and the notice thereof, the City Council conducted the public hearing and afforded all persons interested, including persons owning property within CFD No. 2020-1, an opportunity to be heard on the proposed authorization to incur bonded indebtedness, and no protests were received; and WHEREAS, on August 5, 2020, at the conclusion of the hearing, the City Council adopted the resolution of formation pursuant to Section 53325.1(a) of the Act (the Resolution of Formation), establishing CFD No. 2020-1; and Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Determining Necessity- Attachment 2. Reso \[Revision 2\] (6851 : Proceedings to Form Packet Pg. 186 8.d Resolution No. 2020-196 WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of San Bernardino that there are no persons registered to vote in the territory of CFD No. 2020-1; and WHEREAS, the City Council has determined that it is necessary that a bonded indebtedness for CFD No. 2020-1 be incurred to contribute to the financing of all or a portion of the Facilities and to authorize the submittal of a proposition to the qualified electors of CFD No. 2020-1, being the landowner of CFD No. 2020-1, all as authorized by the Act. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Necessity. It is necessary for CFD No. 2020-1 to incur a bonded indebtedness as authorized under the terms and provisions of the Act for the purpose of providing and financing the Facilities. SECTION 2. Purpose for Bonded Indebtedness. The specific purposes for the proposed bonded indebtedness are as follows: To finance a portion of the costs of the acquisition or construction of the Facilities appurtenances and appurtenant work and any and all of those applicable incidental costs described in and authorized by Section 53345.3 of the Act. SECTION 3. Territory to Pay for Bonded Indebtedness. The property within CFD No. 2020-1 will pay for the bonded indebtedness. SECTION 4. Bond Authorization. The amount of the bonded indebtedness of CFD No. 2020-1 may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the indebtedness is to be incurred as authorized pursuant to the Act. The amount of the indebtedness to be authorized for CFD No. 2020-1 is $5,000,000. SECTION 5. Costs Included. The amount of the bonded indebtedness shall include all costs and estimated costs incidental to, or connected with, the accomplishment of the purposes for which the bonded indebtedness is to be incurred, including, but not limited to, the estimated costs of construction and acquisition of the Facilities, acquisition of land and rights-of-way, satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time the bonds are issued, architectural, inspection, legal, fiscal and financial consultant fees, bond and other reserve funds and interest on any bonds of CFD No. 2020-1 estimated to be due and payable within two years from the date of the issuance of such bonds, election costs, and all costs of issuance of the bonds, including, but not limited to, underwriter's discount, fees for bond counsel, disclosure counsel, appraisers, financial advisors, market absorption consultants and other consultants, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs. SECTION 6. Terms of Bonds. The maximum term of the bonds and/or any series shall not exceed 40 years, and such bonds may be issued in differing series, at differing times. The Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Determining Necessity- Attachment 2. Reso \[Revision 2\] (6851 : Proceedings to Form 2 Packet Pg. 187 8.d Resolution No. 2020-196 maximum rate of interest to be paid on the bonds shall not exceed 12 percent per annum or the maximum interest rate permitted by law at the time of sale of any of such bonds. The bonds, except where other funds are made available, shall be paid exclusively from the annual levy of the special tax within CFD No. 2020-1, and are not secured by any other taxing power or the City. SECTION 7. Proposition to be Submitted to Voters. The proposition to be submitted to the voters within CFD No. 2020-1 with respect to the proposed bonded indebtedness shall be as follows: PROPOSITION A Shall Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, subject to accountability measures required pursuant to Government Code Sections 53410 and 53411, incur a bonded indebtedness in an amount not to exceed $5,000,000 for the specific purposes set forth in the Resolution of Formation adopted by the City Council of the City of San Bernardino on August 5, 2020? SECTION 8. Election. The date of the special election with respect to the incurring of the aforementioned bonded indebtedness for CFD No. 2020-1, at which time the proposition set forth in Section 5 hereof shall be submitted to the appropriate qualified voters of CFD No. 2020- 1 is August 5, 2020, and that special election is hereby called for that date. Pursuant to Section 53326 of the Act, since at the time of the close of the public hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory of CFD No. 2020-1, the vote in the special election will be by the landowners of CFD No. 2020-1 whose property would be subject to the special taxes if they were levied at the time of the election, with each landowner of record at the close of the public hearing having one vote for each acre or portion of an acre of land that he or she owns within CFD No. 2020-1, and the special election shall be conducted by the . The special election shall be consolidated with the special election with respect to the propositions regarding (i) the levy of special taxes within CFD No. 2020-1 for the payment of the principal of and interest on the bonds to finance the acquisition or construction of all or a portion of the Facilities, and (ii) establishing an appropriations limit for CFD No. 2020-1 which has also been called for August 5, 2020. The consolidated special elections shall be conducted by the City Clerk pursuant to applicable provisions of the California Elections Code with respect to mail-ballot elections of cities and specifically Division 4 (commencing with Section 4000) of that Code, insofar as they may be applicable. Pursuant to Section 53326 of the Act, the official ballots shall be delivered by the City Clerk to the qualified electors by mail or personal service. The voted official ballots shall be received by the City Clerk by 7:00 p.m. on the date of the election; provided that if all qualified electors have voted, the election shall be closed with the concurrence of the City Clerk. SECTION 9. Accountability Measures. Pursuant to and in compliance with Section 53410 of the Act, if the voters approve the proposition contained in the official ballots for the consolidated special elections with respect to CFD No. 2020-1 incurring bonded indebtedness for the purposes for which such indebtedness by CFD No. 2020-1, is to be incurred and bonds of Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Determining Necessity- Attachment 2. Reso \[Revision 2\] (6851 : Proceedings to Form 3 Packet Pg. 188 8.d Resolution No. 2020-196 CFD No. 2020-1 are to be issued (the Bond Proposition, the incurring of such bonded indebtedness and the issuance of bonds of CFD No. 2020-1 shall be subject to the following accountability measures: (a) the Bond Proposition shall identify the specific purposes for which the bonds are to be issued; (b) the proceeds of the bonds shall be applied only for the specific purposes identified in the Bond Proposition; (c) an account or accounts shall be created pursuant to the fiscal agent agreement for such bonds into which the proceeds of the sale of such bonds shall be deposited; and (d) the City Manager or his designee shall file a report with the City Council as required by Section 53411 of the California Government Code. The City Council finds that the Bond Proposition which will be set forth in the official ballot for the consolidated special elections, and which is set forth in Section 5 hereof, identify the specific purposes for which CFD No. 2020-1 will incur bonded indebtedness and issue bonds. SECTION 10. 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 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of August, 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC Acting City Clerk Attest: Sonia R. Carvalho, City Attorney Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Determining Necessity- Attachment 2. Reso \[Revision 2\] (6851 : Proceedings to Form 4 Packet Pg. 189 8.d CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-196 adopted at a regular meeting held on the 5th day of August, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2020. ______________________________ Genoveva Rocha, CMC, Acting City Clerk Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Determining Necessity- Attachment 2. Reso \[Revision 2\] (6851 : Proceedings to Form A-1 Packet Pg. 190 8.e EXHIBIT A DESCRIPTION OF FACILITIES The types of public Facilities proposed to be provided for and financed by the proposed CFD 2020-1 (a) water system facilities, including capacity in existing facilities, and sewer system facilities, including capacity in existing facilities and sewage treatment and disposal capacity, storm drain improvements and transportation improvements, including street and traffic improvements of the City and such other improvements authorized by the Act; and (b) The incidental expenses which will be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed community facilities district, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district, and (iii) any other expenses incidental to the construction, completion, and Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Determining Necessity- Attachment 2. EXHIBIT A (6851 : Proceedings to Form Packet Pg. 191 8.f RESOLUTION NO. 2020-197 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO PAY PRINCIPAL OF AND INTEREST ON BONDS THEREOF AND TO PAY THE COSTS OF PUBLIC FACILITIES AND ESTABLISHING AN APPROPRIATIONS LIMIT THEREFOR WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the City Council) of the City of San Bernardino (the City) has adopted the resolution of formation of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California (2020-1), establishing the Community Facilities District and the boundaries thereof (the Resolution of Formation); and WHEREAS, pursuant to Section 53351 of the California Government Code, the City Council has also adopted a resolution determining that it is necessary that CFD No. 2020-1 incur a bonded indebtedness for the purpose of financing certain public facilities; and WHEREAS, by that resolution, the City Council called a special election on the proposition to be submitted to the voters with respect to CFD No. 2020-1 incurring a bonded indebtedness for the purpose of financing such public facilities; and WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council also submit to the voters of CFD No. 2020-1 the proposition relating to the annual levy of special taxes on taxable property within CFD No. 2020-1 to pay the principal of and interest on the bonds thereof, if such bonds are authorized and issued; and WHEREAS, pursuant to Section 53325.7 of the California Government Code, the City Council may also submit to the voters of CFD No. 2020-1 a proposition with respect to establishing an appropriations limit for CFD No. 2020-1; and WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of San Bernardino that there are no persons registered to vote in the territory of CFD No. 2020-1. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory of CFD No. Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Calling Election- Attachment 3. Reso \[Revision 3\] (6851 : Proceedings to Form Packet Pg. 192 8.f Resolution No. 2020-197 2020-1 for each of the 90 days preceding the close of the public hearing on August 5, 2020; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of CFD No. 2020-1 whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within CFD No. 2020-1 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owner of all of the property in CFD No. 2020-1 has by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the proposition of CFD No. 2020-1 incurring bonded indebtedness, which pursuant to Section 4 hereof is consolidated with the election called hereby, (b) consented to the holding of the consolidated special elections on August 5, 2020, (c) waived notice and mailed notice of the time and date of the consolidated special elections, and (d) waived an impartial analysis of the ballot propositions pursuant to Section 9313 or 13119 of the California Elections Code and arguments and rebuttals pursuant to Sections 9314 to 9317, inclusive, mailing of a statement pursuant to Section 9401 of that Code and receipt of a ballot pamphlet as required by Section 3023 of that Code; and (v) the City Clerk has consented to the holding of the consolidated special elections on August 5, 2020. SECTION 2. Call of Election. The City Council hereby calls and schedules special elections for August 5, 2020, within and for CFD No. 2020-1 on (i) the proposition with respect to the annual levy of special taxes on taxable property within CFD No. 2020-1 for the payment of principal of and interest on the bonds of CFD No. 2020-1, which may be issued and sold to finance certain public facilities, and (ii) the proposition with respect to establishing an appropriations limit for CFD No. 2020-1. SECTION 3. Propositions. (a) The propositions to be submitted to the voters of CFD No. 2020-1 at such special election shall be as follows: First Proposition: Shall Proposition A authorizing the levy of special taxes annually on taxable property within CFD No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California, to pay the principal of and interest on the bonds of the community facilities district which may be issued and sold for the purposes specified in the Resolution of Formation adopted by the City Council of the City of San Bernardino on August 5, , to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be related to the United States with regard to the bonds, and to pay expenses incidental thereto, and to the levy and collection of the special tax, so long as the special tax is needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special tax set forth in Exhibit B to the Resolution of Formation adopted by the City Council of the City of San Bernardino on August 5, 2020 be approved? Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Calling Election- Attachment 3. Reso \[Revision 3\] (6851 : Proceedings to Form 2 Packet Pg. 193 8.f Resolution No. 2020-197 Second Proposition: Shall Proposition B authorizing a bonded indebtedness in an amount not to exceed $5,000,000 for the specific purposes set forth in the Resolution of Formation adopted by the City Council of the City of San Bernardino on August 5, 2020, be approved? Third Proposition: Shall Proposition C authorizing an annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, in the amount of $5,000,000 be approved? SECTION 4. Consolidation of Elections. The special election called hereby on the propositions to be submitted to the voters of CFD No. 2020-1, as set forth in Section 3 hereof, shall be consolidated with the special election on the proposition of CFD No. 2020-1 incurring bonded indebtedness. The ballot for said consolidated elections shall be in the form attached hereto as Exhibit A. SECTION 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the consolidated special elections shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable. SECTION 6. Election Procedures. The procedures to be followed in conducting the consolidated special elections on (i) the proposition with respect to CFD No. 2020-1 incurring a bonded indebtedness, (ii) the proposition with respect to the levy of special taxes on taxable property within CFD No. 2020-1 to pay the principal of and interest on the bonds of CFD No. 2020-1, and (iii) the proposition with respect to establishing an appropriations limit for CFD No. 2020-1 in the amount of $5,000,000 (the Consolidated Special Elections) shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, ballots for the Consolidated Special Elections shall be distributed to the qualified electors by the City Clerk by mail or personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit A, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots and a copy of the Resolution of Formation adopted by the City Council of the City of San Bernardino on August 5, 2020. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner- voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Calling Election- Attachment 3. Reso \[Revision 3\] (6851 : Proceedings to Form 3 Packet Pg. 194 8.f Resolution No. 2020-197 entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voters land ownership within CFD No. 2020-1. (d) The return identification envelope to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 7:00 p.m. on the date of the Consolidated Special Elections; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the Consolidated Special Elections, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. SECTION 7. Accountability Measures. Pursuant to Section 53410 of the California Government Code, if the voters approve the proposition contained in the official ballot for the Consolidated Special Elections with respect to CFD No. 2020-1 incurring bonded indebtedness for the purposes for which such indebtedness is to be incurred (the Bond Proposition) and bonds of CFD No. 2020-1 are to be issued, the incurring of such bonded indebtedness and the issuance of bonds of CFD No. 2020-1 shall be subject to the following accountability measures: (a) The Bond Proposition shall identify the specific purposes for which the bonds are to be issued; (b) The proceeds of the bonds shall be applied only for the specific purposes identified in the Bond Proposition; (c) An account or accounts shall be created pursuant to the fiscal agent agreement for such bonds into which the proceeds of the sale of such bonds shall be deposited; and (d) The City Manager of the City or his designee, shall file a report with the City Council which shall contain the information required by Section 53411 of the California Government Code. Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Calling Election- Attachment 3. Reso \[Revision 3\] (6851 : Proceedings to Form 4 Packet Pg. 195 8.f Resolution No. 2020-197 The City Council finds that the Bond Proposition which is set forth in the official ballot for the consolidated special elections, which is attached as Exhibit A hereto, identifies the specific purposes for which CFD No. 2020-1 will incur bonded indebtedness and issue bonds. SECTION 8. 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 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 5th day of August, 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Attest: Sonia R. Carvalho, City Attorney Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Calling Election- Attachment 3. Reso \[Revision 3\] (6851 : Proceedings to Form 5 Packet Pg. 196 8.f CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-197, adopted at a regular meeting held on the 5th day of August, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2020. ______________________________ Genoveva Rocha, CMC, Acting City Clerk Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Calling Election- Attachment 3. Reso \[Revision 3\] (6851 : Proceedings to Form A-1 Packet Pg. 197 8.g EXHIBIT A OFFICIAL BALLOT CONSOLIDATED SPECIAL ELECTIONS FOR COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA August 5, 2020 To vote, mark a cross (+) in the voting square If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another. PROPOSITION A: Shall Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, subject to accountability measures required pursuant to Government Code Section 50075.1 levy a special tax annually on taxable property within Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California, to pay the principal of and interest on the bonds of the community facilities district which may be issued and sold for the purposes specified in the Resolution of Formation adopted by the City Council of the City of San Bernardino on August 5, 2020 (the to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, and to pay expenses incidental thereto, and to the levy and collection of the special tax, so long as the special tax is needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special tax set forth in YES Exhibit B to the Resolution of Formation adopted by the City Council of the NO City of San Bernardino on August 5, 2020, be approved? PROPOSITION B: Shall Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, subject to accountability measures required pursuant to Government Code Sections 53410 and 53411, incur a bonded indebtedness for Community Facilities District No. 2020-1 (Rancho Palma) in an amount not to exceed $5,000,000 for the YES specific purposes set forth in the Resolution of Formation adopted by the NO City Council of the City of San Bernardino on August 5, 2020? Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Calling Election- Attachment 3. EXHIBIT A (6851 : Proceedings to Form Proposed A-1 Packet Pg. 198 8.g PROPOSITION C: Shall Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California establish an annual appropriations limit, as defined by YES subdivision (h) of Section 8 of Article XIIIB of the California Constitution, NO in the amount of $5,000,000 be approved? PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 50075 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. PROPOSITION B IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTIONS 53410 AND 53411 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Calling Election- Attachment 3. EXHIBIT A (6851 : Proceedings to Form Proposed A-2 Packet Pg. 199 8.h RESOLUTION NO. 2020-198 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DECLARING THE RESULTS OF THE CONSOLIDATED SPECIAL ELECTIONS WITHIN COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) WHEREAS, on August 5, 2020San Bernardino District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of 2020-12020-1 for the purposes of providing certain public facilities and calling a special election for CFD No. 2020-1 on the proposition for incurring such bonded indebtedness for August 5, 2020, and providing for the consolidation of said election with the election on the propositions with respect to (i) the annual levy of special taxes on taxable property within CFD No. 2020-1 to pay principal of and interest on such bonds, and (ii) establishing an appropriations limit for CFD No. 2020-1; and WHEREAS, on August 5, 2020, the City Council also adopted a resolution calling a special election for August 5, 2020, for submitting to the qualified electors of CFD No. 2020-1 the proposition with respect to the annual levy of special taxes on taxable property within CFD No. 2020-1 to pay the principal of and interest on the bonds thereof and the proposition with respect to establishing an appropriations limit for CFD No. 2020-1, and providing for the consolidation of that election with the election on the proposition of CFD No. 2020-1 incurring a WHEREAS, suant to the Election Resolution was authorized to conduct the consolidated special elections for CFD No. 2020-1 and act as the election official therefor, with respect to the canvass of the ballots returned and the results of the consolidated special elections, certifying that more than two-thirds of the votes cast upon the propositions submitted to the voters in the consolidated special elections in CFD No. 2020-1 were cast in favor of all such propositions. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (i) there were no persons registered to vote within the boundaries of CFD No. 2020-1 at the time of the close of the protest hearing on August 5, 2020, and pursuant to Sectio 2020-1 was, therefore, to be by the landowners owning land within CFD No. 2020-1, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within CFD No. 2020-1 which would have been subject to the special tax if levied at the time of the consolidated special elections; (ii) pursuant to Section 53326 and the Election Resolution, the City Clerk distributed the ballot for the consolidated special elections to TH Rancho Palma, LLC, the owner of all of the taxable property included within the boundaries of CFD No. 2020-1 Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Declaring Results of the Election- Attachment 4 \[Revision 2\] (6851 : Proceedings to Packet Pg. 200 8.h Resolution No. 2020-198 by mail or personal delivery; (iii) the Property Owner waived the time limits for holding the consolidated special elections and the election dates specified in Section 53326, and consented to the calling and holding of the consolidated special elections on August 5, 2020; (iv) the consolidated special elections have been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (v) pursuant to Section 53326, the Property Owner, which owns approximately 28.34 acres in CFD No. 2020-1, was entitled to a total of 29 votes; (vi) the ballot was returned by the Property Owner to the City Clerk prior to the hour on the date of the election specified by the City Council for the return of voted ballots; (vii) the ballot returned to the City Clerk by the Property Owner voted all votes to which it was entitled in favor of all propositions set forth therein; (viii) more than two-thirds of the votes cast in the consolidated special elections in CFD No. 2020-1, on each such proposition were cast in favor thereof, and pursuant to Sections 53328, 53329 and 53355 of the California Government Code, all such propositions carried; (ix) the City Council, as the legislative body of CFD No. 2020-1, is therefore authorized to take the necessary action to have CFD No. 2020-1 incur a bonded indebtedness in an amount not to exceed $5,000,000, to annually levy special taxes on taxable property within CFD No. 2020-1, in an amount sufficient to pay the principal of and interest on such bonds, and (x) an appropriations limit for CFD No. 2020-1 has been established in the amount of $5,000,000. SECTION 2. Declaration of Results. All votes voted in the consolidated special elections on the propositions with respect to (i) CFD No. 2020-1 incurring a bonded indebtedness in an amount not to exceed $5,000,000; (ii) the annual levy of special taxes on taxable property within CFD No. 2020-1 to pay the principal of and interest on the bonds of CFD No. 2020-1; and (iii) establishing an appropriations limit for CFD No. 2020-1 in the amount of $5,000,000 were voted in favor thereof, and all such propositions carried. The aggregate principal amount of the bonded indebtedness to be incurred by CFD No. 2020-1 shall not exceed $5,000,000. SECTION 3. Effect of Elections. The effect of the results of the consolidated special elections, as specified in Section 2 hereof, is that the City Council, as the legislative body of CFD No. 2020-1, is authorized (i) to have CFD No. 2020-1 incur a bonded indebtedness in and for the purposes set forth in Proposition A of the Official Ballot for the consolidated special elections for CFD No. 2020-1; (ii) after CFD No. 2020-1 has incurred a bonded indebtedness and issued bonds therefor, to annually levy special taxes on taxable property within CFD No. 2020-1 in an amount sufficient to pay the principal of and interest on such bonds at the special tax rates and pursuant to the methodology for determining and apportioning such special taxes which are set forth in Exhibit B to the Resolution of Formation adopted by the City Council of the City of San Bernardino on August 5, 2020; and (iii) an appropriations limit has been established for CFD No. 2020-1 in the amount of $5,000,000. SECTION 4. Notice of Special Tax Lien. The City Clerk shall record a notice of special tax lien pursuant to Section 53328.3 of the California Government Code and Section 3114.5 of the California Streets and Highways Code. SECTION 5. 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 Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Declaring Results of the Election- Attachment 4 \[Revision 2\] (6851 : Proceedings to 2 Packet Pg. 201 8.h Resolution No. 2020-198 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. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 5th day of August, 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Attest: Sonia R. Carvalho, City Attorney Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Declaring Results of the Election- Attachment 4 \[Revision 2\] (6851 : Proceedings to 3 Packet Pg. 202 8.h CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-198, adopted at a regular meeting held on the 5th day of August, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2020. ______________________________ Genoveva Rocha, CMC, Acting City Clerk Attachment: FN. CFD 2020-1 (Rancho Palma) - Resolution Declaring Results of the Election- Attachment 4 \[Revision 2\] (6851 : Proceedings to 4 Packet Pg. 203 8.i ORDINANCE NO. MC-1540 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA), AUTHORIZING THE LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of San Bernardino, California (the City Council), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in the community facilities district, all as authorized pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the Act). This community facilities district shall hereinafter be referred to as Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, State of California (the District). THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA), DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment for the District as set forth in Exhibit A attached hereto and incorporated herein by this reference (the Rate and Method). SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method. SECTION 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County of San Bernardino tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the California Streets and Highways Code, which lien shall be a continuing lien and shall secure each levy of the special taxes. The lien of the Special Tax (as defined in the Rate and Method) shall continue in force and effect until the Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5 \[Revision 1\] (6851 : Proceedings to A-1 Packet Pg. 204 8.i special tax obligation is prepaid, permanently satisfied and canceled in accordance with law or until the Special Tax ceases to be levied by the City Council. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. SECTION 6. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. Introduced at a regular meeting of the City Council of the City of San Bernardino, California, on August 5, 2020. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of August, 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Attest: Sonia R. Carvalho, City Attorney Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5 \[Revision 1\] (6851 : Proceedings to A-2 Packet Pg. 205 8.i CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. 2020-199, which was regularly introduced at a regular meeting of the City Council of the City of San Bernardino duly held on the 5th day of August, 2020, and was adopted at a regular meeting of the City Council duly held on the ____ day of August, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2020. ______________________________ Genoveva Rocha, CMC, Acting City Clerk Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5 \[Revision 1\] (6851 : Proceedings to A-3 Packet Pg. 206 8.j EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO below) shall be Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino ("CFD No. 2020-1"). The amount of Special Tax to be levied in each Fiscal Year determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2020-1 by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: or means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, he land area shown on the applicable final map, parcel map, condominium plan, or other recorded parcel map or instrument. The square footage of "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2020-1: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes A to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2020-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2020-1 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2020-1 and any major property owner associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2020-1 or any designee thereof related to an appeal of the Special administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2020-1 for any other administrative purposes of CFD No. 2020- commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all As st Map that was recorded prior to the January 1 preceding the Fiscal Year in which the Special Tax is being st levied, and (ii) that have not been issued a building permit on or before June 1 preceding the Fiscal Year in which the Special Tax is being levied. Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5. EXHIBIT A (6851 : Proceedings to A-1 Packet Pg. 207 8.j means an official map of the Assessor of the County designating parcels by purposes of identification. "Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Tax within CFD No. 2020-1 have been pledged. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for cancelled building permits, or any subsequent building permit document(s) authorizing new construction determined by the CFD Administrator, provided that following such determination the Maximum Special Tax that may be l service on all outstanding Bonds plus the estimated annual Administrative Expenses. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. or -1" means Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino established by the City under the Act. means the City of San Bernardino, State of California. "City Council" means the City Council of the City of San Bernardino, acting as the Legislative Body of CFD No. 2020-1, or its designee. means a condominium plan pursuant to California Civil Code, Section 4200 et seq. "County" means the County of San Bernardino, State of California. "Developed Property" means all st Map that was recorded prior to the January 1 preceding the Fiscal Year in which the Special Tax is being Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5. EXHIBIT A (6851 : Proceedings to A-2 Packet Pg. 208 8.j st levied, and (ii) a Building Permit for new construction was issued on or before June 1 preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" provided for in Section F. "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 that creates individual lots for which Building Permits may be issued without further subdivision. stth "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2020- Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an -Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an ed in Section G.1. means for Taxable Property for Special Tax that is (i) Developed Property, that the Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Undeveloped Property. "Provisional Undeveloped Property" otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F. "Residential Property" has been issued for purposes of constructing one or more Residential Units. Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5. EXHIBIT A (6851 : Proceedings to A-3 Packet Pg. 209 8.j 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 CFD Administrator. "Special Tax" or means any of the special taxes authorized to be levied within CFD No. 2020-1 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established under the Indenture in association with the Bonds to the extent that replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year, (v) to cure any delinquencies in the amount of principal or interest on the Bonds that occurred in a previous Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2020-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" means all A-1, which are not Exempt Property. means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" Property, Approved Property, Provisional Undeveloped Property. B. SPECIAL TAX Commencing Fiscal Year 2020-2021 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX Each Fiscal Year, beginning with Fiscal Year 2020--1 Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. - operty shall further be classified as a Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5. EXHIBIT A (6851 : Proceedings to A-4 Packet Pg. 210 8.j Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage. In the Residential Unit(s) have been or will be built (in accordance with the Final Map or Condominium Plan) determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amounts shall be levied as Developed Property in accordance with Step 1 and, if applicable, Step 4 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Property the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the amount determined in clause (2). D. MAXIMUM SPECIAL TAX 1. Developed Property Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax. -Residential Property and Multifamily Property shall be the applicable Assigned Special Tax described in Table 1 of Section D. a. Assigned Special Tax or Non-Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2020-2021 shall be determined pursuant to Table 1 below. Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5. EXHIBIT A (6851 : Proceedings to A-5 Packet Pg. 211 8.j TABLE 1 ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY FISCAL YEAR 2020-2021 Assigned Special Taxable Tax Per Taxable Land Use Category Unit Building Square Footage Unit 1. Single Family Residential Property RU Less than 2,100 sq. ft $1,880 2. Single Family Residential Property RU 2,100 sq. ft to 2,399 sq. ft $2,080 3. Single Family Residential Property RU 2,400 sq. ft to 2,699 sq. ft $2,185 4. Single Family Residential Property RU 2,700 sq. ft to 2,999 sq. ft $2,420 5. Single Family Residential Property RU Greater than 2,999 sq. ft $2,525 6. Multifamily Property Acre N/A $16,490 7. Non-Residential Property Acre N/A $16,490 b. Multiple Land Use Categories Special Tax for each Taxable Unit for all Land Use Cate c. Backup Special Tax Residential Property shall calculated according to the following formula. B = (U x A) / L The terms above have the following meanings: within the Final Map. U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below. A = Acreage of Single Family Residential Property that exists or is expected to exist in such Final Map at the time of calculation, as determined by the Administrator. L = Number of Asses build out in such Final Map at the time of calculation, as determined by the Administrator. In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Property for which a certificate of occupancy has been granted may not be revised. In the event any superseding Final Map is recorded as a Final Map within the boundaries of the CFD, Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5. EXHIBIT A (6851 : Proceedings to A-6 Packet Pg. 212 8.j The Backup Special Tax shall not apply to Multifamily Residential Property or Non-Residential Property. 2. Approved Property as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above. as Multifamily Residential Property or Non-Residential Property shall be $16,490 per Acre. 3. Undeveloped Property and Provisional Undeveloped Property Undeveloped Property shall be $16,490 per Acre. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing Fiscal Year 2020-2021 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps: Step One: Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Pr Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied proportionately on needed to satisfy the Special Tax Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied proportionately on each Special Tax applicable to each such Assesso Tax Requirement. Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year l be increased by more than ten percent (10%) above Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5. EXHIBIT A (6851 : Proceedings to A-7 Packet Pg. 213 8.j the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default. F. EXEMPTIONS The City shall classify as Exempt Property, in the chronological order in which the property becomes restricted in use by the State of California, Federal or other local governments, including school districts, Parcels which are used as places of worship and are exempt from ad valorem property irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) by or determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 15.91 Acres. Notwithstand such classification would reduce the sum of all Taxable Property to less than 15.91 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 15.91 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E. G. PREPAYMENT OF SPECIAL TAX The following additional definitions apply to this Section G: means $3,750,000 expressed in 2020 dollars, which shall increase by the Construction Inflation Index on July 1, 2020, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2020-1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment. means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2020-1. means the annual percentage change in the Engineering News-Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News- Record Building Cost Index for the City of Los Angeles. means the CFD Public Facilities minus public facility costs available to be funded, or that were funded, through existing construction or escrow accounts or funded by the Outstanding Bonds or Special Taxes, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5. EXHIBIT A (6851 : Proceedings to A-8 Packet Pg. 214 8.j Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax. 1. Prepayment in Full The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for which a Building Per nently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to the Maximum S with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the -refundable deposit, the CFD Administrator shall notify such owner less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount shall be calculated as follows (some capitalized terms are defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Equals: Prepayment Amount The Prepayment Amount shall be determined as of the proposed prepayment date as follows: 1. 2. Parcel as though it was already designated as Developed Property, based upon the Building Permit Undeveloped Property for which a Building Permit has not been issued, or Provisional Undeveloped Property to be prepaid, compute the Maximum Sp 3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5. EXHIBIT A (6851 : Proceedings to A-9 Packet Pg. 215 8.j Parcels of Taxable Property based been previously prepaid. 4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the 5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstandi 6. Determine the Future Facilities Costs. 7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for t 8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments. 9. which have not yet been paid. 10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount. 11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived 12. Verify the administrative fees and expenses of the CFD, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence 13. The reserve fund credit expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit. 15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5. EXHIBIT A (6851 : Proceedings to A-10 Packet Pg. 216 8.j the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments. As a result of the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax li Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all Ass proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses. Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council. 2. Prepayment in Part Property, Undeveloped Property or Provisional Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula: PP = ((P A) x F) +A E These terms have the following meaning: PP = Partial Prepayment Amount P = the Prepayment Amount calculated according to Section G.1 E Maximum Special Tax obligation A = the Administrative Fees and Expenses determined pursuant to Section G.1 partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non- refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5. EXHIBIT A (6851 : Proceedings to A-11 Packet Pg. 217 8.j 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount. prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial remaining percentage (1.00 - ursuant to Section E. H. TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all 2060-2061 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2020-1 Bonds have been paid; (ii) all authorized facilities of CFD No. 2020-1 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2020-1 have been satisfied. 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. 2020-1 may collect Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may J. APPEALS OF SPECIAL TAXES the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce shall be made. The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified. Attachment: FN. CFD 2020-1 (Rancho Palma) - Ordinance Authorizing Levy of Special Taxes- Attachment 5. EXHIBIT A (6851 : Proceedings to A-12 Packet Pg. 218 8.k Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho Packet Pg. 219 8.k Table of Contents Sections P age _____________________________________________ 1 Introduction ________________________________________________ 1 2 Description of Facilities ______________________________________________ 2 3 Cost Estimate ________________________________________________ 3 4 Proposed Development _____________________________________________ 4 5Rate and Method of Apportionment ____________________________________ 5 6Certifications ________________________________________________ 6 Tables P age 3-1 Cost Estimate ________________________________________________ 3 Appendices P age _____________________________________________ A Rate and Method of Apportionment _____________________________________ B Boundary Map _________________________________________________ C Resolution of Intention _______________________________________________ Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho Packet Pg. 220 8.k 1 IntroductionPage|1 Background On July 1, 2020, the Mayor and City Council of the City of San Bernardino (the ÐCityÑ), adopted a Resolution of Intention to form Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino (the ÐCFD No. 2020-1Ñ or ÐDistrictÑ), Resolution No. 2020-___, pursuant to the provisions of the ÐMello-Roos Community Facilities Act of 1982Ñ, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, (the ÐActÑ). The CFD No. 2020-1 is currently comprised of Tract Map No. 20006 that includes two undeveloped parcels and approximately 28 gross acres. The proposed development includes 119 detached single family detached homes. The properties are generally located on the northeast intersection of Magnolia Avenue and Little League Drive. For a map showing the boundaries of CFD No. 2020-1 please see Appendix B. Purpose of Public Hearing Report WHEREAS, this Community Facilities District Report (ÐReportÑ) is being provided to the City Council and generally contains the following: 1. A brief description of CFD No. 2020-1; 2. A brief description of the Facilities and Services required at the time of formation to meet the needs of CFD No. 2020-1. 3. A brief description of the Boundaries of CFD No. 2020-1; and 4. An estimate of the cost of financing the bonds used to pay for the Facilities, including all costs associated with formation of the District, issuance of bonds, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District, and any other incidental expenses to be paid through the proposed financing. For particulars, reference is made to the Resolution of Intention as previously approved and adopted and is included in Appendix C. Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho City of San Bernardino CFD No. 2020-1 (Rancho Palma) Public Hearing Report Packet Pg. 221 8.k 2 Description of FacilitiesPage|2 NOW, THEREFORE, the undersigned, authorized representative of Spicer Consulting Group, LLC, the appointed responsible officer, or person directed to prepare the Public Hearing Report, does hereby submit the following data: Facilities A Community Facilities District may pay for facilities which may include all amounts necessary to eliminate any fixed special assessment liens or to pay, repay, or defease any obligation to pay for any indebtedness secured by any tax, fee, charge, or assessment levied, provide for the purchase, construction, expansion, or rehabilitation for any real or other tangible property with an estimated useful life of five (5) years or longer, which is necessary to meet increased demands placed upon local agencies as a result of development and/or rehabilitation occurring within the District. The types of facilities that are proposed by CFD No. 2020-1 and financed with the proceeds of special taxes and bonds issued by CFD No. 2020-1 consist of the construction, purchase, modification, expansion and/or improvement of (i) drainage, library, park, roadway and other public facilities of the City, including the foregoing public facilities which are included in the CityÓs fee programs with respect to such facilities and authorized to be financed under the Mello-Roos Community Facilities Act of 1982, as amended (the ÐFacilitiesÑ), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including: a) The cost of engineering, planning and designing the Facilities; and b) All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and c) Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities. Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District. Incidental Expenses The Incidental Expenses to be paid from bond proceeds and/or special taxes include: All costs associated with the creation of CFD No. 2020-1, the issuance of bonds, the determination of the amount of special taxes to be levied, costs incurred in order to carry out the authorized purposes of CFD No. 2020-1, including legal fees, fees of consultants, engineering, planning, designing and the annual costs to administer CFD No. 2020-1 and any obligations. The description of the eligible public facilities, services and incidental expenses above are preliminary and general in nature. The final plans and specifications approved by the applicable public agency may show substitutes or modifications in order to accomplish the work or serve the new development and any such substitution or modification shall not constitute a change or modification in the proceedings relating to CFD No. 2020-1. Bond Authorization Amounts The maximum authorized bonded indebtedness is $5,000,000 for CFD No. 2020-1. Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho City of San Bernardino CFD No. 2020-1 (Rancho Palma) Public Hearing Report Packet Pg. 222 8.k 3 Cost EstimatePage|3 Below is the estimated cost of facilities to be provided to the District. a) The cost estimate of facilities, including incidental expenses, to be financed through the issuance of CFD No. 2020- 1 Bonds is estimated to be $3,360,000 based upon current dollars (Fiscal Year 2020-21). b) The total facilities eligible to be funded by bond proceeds is $2,700,663, a summary of the facilities is detailed in the table below. c) Pursuant to Section 53340 of the Act, the proceeds of any special tax levied and collected by CFD No. 2020-1 may be used only to pay for the cost of providing public facilities, services, and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the annual costs associated with determination of the amount of special taxes, collection of special taxes, payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District. The incidental expenses associated with the annual administration of CFD No. 2020-1 are estimated to be $25,000. However, it is anticipated that the incidental expenses will vary due to inflation and other factors that may not be foreseen today, and the actual incidental expenses may exceed these amounts accordingly. Table 3-1 Cost Estimate (1) Facilities Total Bond Allocation City Facilities Street Improvements $750,000 $630,035 Local Circulation Fee $27,727 $27,727 Regional Circulation Fee $289,765 $289,765 Storm Drain Fee $467,194 $467,194 Sewer Connection Fee (3 Bedroom Units) $41,216 $41,216 Sewer Connection Fee (4 Bedroom Units) $109,312 $109,312 Sewer Connection Fee (5 Bedroom Units) $48,944 $48,944 Sewer Capacity Charge $416,500 $416,500 Water Capacity Fee $669,970 $669,970 Total City $2,820,628 $2,700,663 Total Eligible Fees/Improvements $2,820,628 $2,700,663 Incidental Financing Costs $659,337 Total Funded by Bond Proceeds $3,360,000 $119,965 Total Fees/Improvements to be Funded by Developer (1) Amountsareallocatedbaseduponestimatedbondsizingandmaychangeabaseduponmarketconditionsatthetime ofbondissuance. Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho City of San Bernardino CFD No. 2020-1 (Rancho Palma) Public Hearing Report Packet Pg. 223 8.k 4 Proposed DevelopmentPage|4 The CFD No. 2020-1 includes approximately 28 gross acres on undeveloped properties within Tract 20006. The District is located on the northeast intersection of Magnolia Avenue and Little League Drive. As of Fiscal Year 2020-21 the proposed CFD No. 2020-1 includes the following Assessor's Parcel Numbers: 0261-181-16 and 0261-181-17 A map showing the boundaries of CFD No. 2020-1 is included in Appendix B. Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho City of San Bernardino CFD No. 2020-1 (Rancho Palma) Public Hearing Report Packet Pg. 224 8.k 5 Rate and Method of ApportionmentPage|5 The Rate and Method of Apportionment allows each property owner within CFD No. 2020-1 to estimate the annual Special Tax amount that would be required for payment. The Rate and Method of Apportionment of the Special Tax established pursuant to these proceedings, is attached hereto as Appendix A (the ÐRate and MethodÑ). The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the CFD Administrator may directly bill the Special Taxes, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations, and provided further that CFD No. 2020-1 may covenant to foreclose and may actually foreclose on parcels having delinquent Special Taxes as permitted by the Act. All of the property located within CFD No. 2020-1, unless exempted by law or by the Rate and Method proposed for CFD No. 2020-1, shall be taxed for the purpose of providing necessary facilities to serve the District. The Boundary Map for CFD No. 2020-1 is attached hereto as Appendix B. Pursuant to Section 53325.3 of the Act, the tax imposed Ðis a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.Ñ The Special Tax may be based on the benefit received by property, the cost of making facilities or authorized services available or other reasonable basis as determined by the City, although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. A property owner within the District may choose to prepay in whole or in part the Special Tax. The available method for so doing is described in Section G of the Rate and Method (ÐPrepayment of Special TaxÑ). The Rate and Method includes special tax rates ranging from $1,880 to $2,525 per Residential Unit for Single Family Residential Property and $16,490 per Acre for Multifamily Property for Fiscal Year 2020-2021. For each year that any Bonds are outstanding the Special Tax shall be levied on all parcels subject to the Special Tax. If any delinquent Special Taxes remain uncollected prior to or after all Bonds are retired, the Special Tax may be levied to the extent necessary to reimburse CFD No. 2020-1 for uncollected Special Taxes associated with the levy of such Special Taxes, but the Special Tax shall not be levied after 2060-2061 Fiscal Year. For particulars as to the Rate and Method for CFD No. 2020-1, see the attached and incorporated in Appendix A. Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho City of San Bernardino CFD No. 2020-1 (Rancho Palma) Public Hearing Report Packet Pg. 225 8.k 6 CertificationsPage|6 Based on the information provided herein, it is my opinion that the described facilities and services herein are those that are necessary to meet increased demands placed upon the City of San Bernardino as a result of development occurring within the CFD No. 2020-1 and benefits the lands within said CFD No. 2020-1. Further, it is my opinion that the special tax rates and method of apportionment, as set forth herein, are fair and equitable, uniformly applied and not discriminating or arbitrary. Date: August 5, 2020 SPICER CONSULTING GROUP, LLC __________________________ SHANE SPICER SPECIAL TAX CONSULTANT FOR CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY STATE OF CALIFORNIA Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho City of San Bernardino CFD No. 2020-1 (Rancho Palma) Public Hearing Report Packet Pg. 226 8.k Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho Packet Pg. 227 8.k RATEANDMETHODOFAPPORTIONMENTOFSPECIALTAXESFOR COMMUNITYFACILITIESDISTRICTNO.20201(RANCHOPALMA) OFTHECITYOFSANBERNARDINO ASpecialTax(allcapitalizedtermsnototherwisedefinedhereinaredefinedinSectionA,ͻ5ĻŅźƓźƷźƚƓƭͼͲ below)shallbeapplicabletoeach!ƭƭĻƭƭƚƩ͸ƭParcelofTaxablePropertylocatedwithintheboundariesof CommunityFacilitiesDistrictNo.20201(RanchoPalma)oftheCityofSanBernardino("CFDNo.2020 1").TheamountofSpecialTaxtobeleviedineachFiscalYear,onan!ƭƭĻƭƭƚƩ͸ƭParcel,shallbedetermined bytheCityCounciloftheCityofSanBernardino,actinginitscapacityasthelegislativebodyofCFDNo. 20201byapplyingtheappropriateSpecialTaxforDevelopedProperty,ApprovedProperty,Undeveloped Property,andProvisionalUndevelopedPropertythatisnotExemptPropertyassetforthbelow.Allofthe realproperty,unlessexemptedbylaworbytheprovisionshereofinSectionF,shallbetaxedforthe purposes,totheextentandinthemannerhereinprovided. A. DEFINITIONS Thetermshereinaftersetforthhavethefollowingmeanings: δ!ĭƩĻͼ or ͻ!ĭƩĻğŭĻδ meansthelandareaofanAssessor'sParcelasshownonanAssessor'sParcelMap, orifthelandareaisnotshownonan!ƭƭĻƭƭƚƩ͸ƭParcelMap,thelandareashownontheapplicablefinal map,parcelmap,condominiumplan,orotherrecordedparcelmaporinstrument.Thesquarefootageof an!ƭƭĻƭƭƚƩ͸ƭParcelisequaltotheAcreagemultipliedby43,560. "Act"meanstheMelloRoosCommunityFacilitiesActof1982,asamended,beingChapter2.5 (commencingwithSection53311)ofPart1ofDivision2ofTitle5oftheGovernmentCodeoftheStateof California. "AdministrativeExpenses"meansthefollowingactualorreasonablyestimatedcostsdirectlyrelatedto theadministrationofCFDNo.20201:thecostsofcomputingtheSpecialTaxesandpreparingtheSpecial Taxcollectionschedules(whetherbytheCityordesigneethereoforboth);thecostsofcollectingthe SpecialTaxes(whetherbytheCityorotherwise);thecostsofremittingSpecialTaxesAtotheTrustee;the costsoftheTrustee(includinglegalcounsel)inthedischargeofthedutiesrequiredofitunderthe Indenture;thecoststotheCity,CFDNo.20201oranydesigneethereofofcomplyingwitharbitrage rebaterequirements;thecoststotheCity,CFDNo.20201oranydesigneethereofofcomplyingwith continuingdisclosurerequirementsoftheCity,CFDNo.20201andanymajorpropertyownerassociated withapplicablefederalandstatesecuritieslawsandtheAct;thecostsassociatedwithpreparingSpecial TaxdisclosurestatementsandrespondingtopublicinquiriesregardingtheSpecialTaxes;thecostsofthe City,CFDNo.20201oranydesigneethereofrelatedtoanappealoftheSpecialTax;thecostsassociated withthereleaseoffundsfromanescrowaccount;andthe/źƷǤ͸ƭannualadministrationfeesandthird partyexpenses.AdministrationExpensesshallalsoincludeamountsestimatedbytheCFDAdministrator oradvancedbytheCityorCFDNo.20201foranyotheradministrativepurposesofCFDNo.20201, includingğƷƷƚƩƓĻǤ͸ƭfeesandothercostsrelatedtocommencingandpursuingtocompletionany foreclosureofdelinquentSpecialTaxes. "ApprovedProperty"meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxableProperty:(i)thatareincludedinaFinalMap st thatwasrecordedpriortotheJanuary1precedingtheFiscalYearinwhichtheSpecialTaxisbeinglevied, st and(ii)thathavenotbeenissuedabuildingpermitonorbeforeJune1precedingtheFiscalYearinwhich theSpecialTaxisbeinglevied. Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho CityofSanBernardino CommunityFacilitiesDistrictNo.20201(RanchoPalma)Page1 Packet Pg. 228 8.k δ!ƭƭĻƭƭƚƩ͸ƭParcel"meansalotorparceloflanddesignatedonan!ƭƭĻƭƭƚƩ͸ƭParcelMapwithanassigned !ƭƭĻƭƭƚƩ͸ƭParcelNumber. δ!ƭƭĻƭƭƚƩ͸ƭParcelMap"meansanofficialmapoftheAssessoroftheCountydesignatingparcelsby !ƭƭĻƭƭƚƩ͸ƭParcelNumber. δ!ƭƭĻƭƭƚƩ͸ƭParcelNumber"meansthatnumberassignedtoan!ƭƭĻƭƭƚƩ͸ƭParcelbytheCountyfor purposesofidentification. "AssignedSpecialTax"meanstheSpecialTaxofthatnamedescribedinSectionDbelow. "BackupSpecialTax"meanstheSpecialTaxofthatnamedescribedinSectionDbelow. "Bonds"meansanyobligationtorepayasumofmoney,includingobligationsintheformofbonds, certificatesofparticipation,longtermleases,loansfromgovernmentagencies,orloansfrombanks,other financialinstitutions,privatebusinesses,orindividuals,orlongtermcontracts,oranyrefundingthereof, towhichSpecialTaxwithinCFDNo.20201havebeenpledged. "BoundaryMap"meansarecordedmapoftheCFDwhichindicatestheboundariesoftheCFD. "BuildingPermit"meansthefirstlegaldocumentissuedbyalocalagencygivingofficialpermissionfor newconstruction.Forpurposesofthisdefinition,ͻ.ǒźƌķźƓŭtĻƩƒźƷͼmayormaynotincludeexpiredor cancelledbuildingpermits,oranysubsequentbuildingpermitdocument(s)authorizingnewconstruction onan!ƭƭĻƭƭƚƩ͸ƭParcelthatareissuedorchangedbytheCityafterthefirstoriginalissuance,as determinedbytheCFDAdministrator,providedthatfollowingsuchdeterminationtheMaximumSpecial Taxthatmaybeleviedonall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertywillbeatleast1.1timesannualdebt serviceonalloutstandingBondsplustheestimatedannualAdministrativeExpenses. "BuildingSquareFootage"or"BSF"meansthesquarefootageofassessableinternallivingspace, exclusiveofgaragesorotherstructuresnotusedaslivingspace,asdeterminedbyreferencetothe BuildingPermitforsuch!ƭƭĻƭƭƚƩ͸ƭParcel. "CalendarYear"meanstheperiodcommencingJanuary1ofanyyearandendingthefollowingDecember 31. ͻ/C5Administrator"meansanofficialoftheCity,ordesigneethereof,responsiblefordeterminingthe SpecialTaxRequirement,andprovidingforthelevyandcollectionoftheSpecialTaxes. δ/C5ͼ or ͻ/C5No.20201"meansCommunityFacilitiesDistrictNo.20201(RanchoPalma)oftheCityof SanBernardinoestablishedbytheCityundertheAct. ͻ/źƷǤͼ meanstheCityofSanBernardino,StateofCalifornia. "CityCouncil"meanstheCityCounciloftheCityofSanBernardino,actingastheLegislativeBodyofCFD No.20201,oritsdesignee. ͻ/ƚƓķƚƒźƓźǒƒPlan"meansacondominiumplanpursuanttoCaliforniaCivilCode,Section4200etseq. "County"meanstheCountyofSanBernardino,StateofCalifornia. Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho CityofSanBernardino CommunityFacilitiesDistrictNo.20201(RanchoPalma)Page2 Packet Pg. 229 8.k "DevelopedProperty"meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertythat:(i)areincludedinaFinal st MapthatwasrecordedpriortotheJanuary1precedingtheFiscalYearinwhichtheSpecialTaxisbeing st levied,and(ii)aBuildingPermitfornewconstructionwasissuedonorbeforeJune1precedingtheFiscal YearinwhichtheSpecialTaxisbeinglevied. "ExemptProperty"meansall!ƭƭĻƭƭƚƩ͸ƭParcelsdesignatedasbeingexemptfromSpecialTaxesas providedforinSectionF. "FinalMap"meansasubdivisionofpropertybyrecordationofafinalmap,parcelmap,orlotline adjustment,pursuanttotheSubdivisionMapAct(CaliforniaGovernmentCodeSection66410etseq.)or recordationofaCondominiumPlanthatcreatesindividuallotsforwhichBuildingPermitsmaybeissued withoutfurthersubdivision. stth "FiscalYear"meanstheperiodcommencingonJuly1ofanyyearandendingthefollowingJune30. ͻLƓķĻƓƷǒƩĻͼ meanstheindenture,fiscalagentagreement,resolutionorotherinstrumentpursuantto whichBondsareissued,asmodified,amendedand/orsupplementedfromtimetotime,andany instrumentreplacingorsupplementingthesame. ͻ\[ğƓķUse/ğƷĻŭƚƩǤͼ meansanyofthecategorieslistedinTable1ofSectionD. "MaximumSpecialTax"meansthemaximumSpecialTax,determinedinaccordancewithSectionD below,thatcanbeleviedbyCFDNo.20201inanyFiscalYearonany!ƭƭĻƭƭƚƩ͸ƭParcel. ͻaǒƌƷźŅğƒźƌǤtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofDevelopedPropertyforwhichaBuildingPermit hasbeenissuedforthepurposeofconstructingabuildingorbuildingscomprisedofattachedResidential Unitsavailableforrentalbythegeneralpublic,notforsaletoanenduser,andundercommon management,asdeterminedbytheCFDAdministrator. "NonResidentialProperty"meansallAssessor'sParcelsofDevelopedPropertyforwhichaBuilding Permit(s)wasissuedforanonresidentialuse.TheCFDAdministratorshallmakethedeterminationifan !ƭƭĻƭƭƚƩ͸ƭParcelisNonResidentialProperty. "PartialPrepaymentAmount"meanstheamountrequiredtoprepayaportionoftheSpecialTax obligationforan!ƭƭĻƭƭƚƩ͸ƭParcel,asdescribedinSectionG.2. "PrepaymentAmount"meanstheamountrequiredtoprepaytheSpecialTaxobligationinfullforan !ƭƭĻƭƭƚƩ͸ƭParcel,asdescribedinSectionG.1. ͻtƩƚƦƚƩƷźƚƓğƷĻƌǤͼ meansforTaxablePropertyforSpecialTaxthatis(i)DevelopedProperty,thattheratio oftheactualSpecialTaxlevytotheSpecialTaxisthesameforall!ƭƭĻƭƭƚƩ͸ƭParcelsofDevelopedProperty, (ii)ApprovedProperty,thattheratiooftheactualSpecialTaxlevytotheMaximumSpecialTaxisthesame forall!ƭƭĻƭƭƚƩ͸ƭParcelsofApprovedProperty,and(iii)UndevelopedPropertyorProvisional UndevelopedProperty,thattheratiooftheactualSpecialTaxlevyperAcretotheMaximumSpecialTax perAcreisthesameforall!ƭƭĻƭƭƚƩ͸ƭParcelsofUndevelopedPropertyorProvisionalUndeveloped Property. "ProvisionalUndevelopedProperty"meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertythatwould otherwisebeclassifiedasExemptPropertypursuanttotheprovisionsofSectionF,butcannotbe Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho CityofSanBernardino CommunityFacilitiesDistrictNo.20201(RanchoPalma)Page3 Packet Pg. 230 8.k classifiedasExemptPropertybecausetodosowouldbereducetheAcreageofallTaxableProperty belowtherequiredminimumAcreagesetforthinSectionF. "ResidentialProperty"meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofDevelopedPropertyforwhichaBuildingPermit hasbeenissuedforpurposesofconstructingoneormoreResidentialUnits. ͻwĻƭźķĻƓƷźğƌ ƓźƷͼ or"RU"meansaresidentialunitthatisusedorintendedtobeusedasadomicileby oneormorepersons,asdeterminedbytheCFDAdministrator. ͻ{źƓŭƌĻFamilyResidentialtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofResidentialPropertyotherthan MultifamilyPropertyonan!ƭƭĻƭƭƚƩ͸ƭParcel. "SpecialTax"or ͻ{ƦĻĭźğƌğǣĻƭͼ meansanyofthespecialtaxesauthorizedtobeleviedwithinCFDNo. 20201pursuanttotheActtofundtheSpecialTaxRequirement. "SpecialTaxRequirement"meanstheamountrequiredinanyFiscalYeartopay:(i)thedebtserviceor theperiodiccostsonalloutstandingBondsdueintheCalendarYearthatcommencesinsuchFiscalYear, (ii)AdministrativeExpenses,(iii)thecostsassociatedwiththereleaseoffundsfromanescrowaccount, (iv)anyamountrequiredtoestablishorreplenishanyreservefundsestablishedundertheIndenturein associationwiththeBondstotheextentthatreplenishmenthasnotbeenincludedinthecomputationof theSpecialTaxRequirementinapreviousFiscalYear,(v)tocureanydelinquenciesintheamountof principalorinterestontheBondsthatoccurredinapreviousFiscalYear,and(vi)thecollectionor accumulationoffundsfortheacquisitionorconstructionoffacilitiesauthorizedbyCFDNo.20201 providedthattheinclusionofsuchamountdoesnotcauseanincreaseinthelevyofSpecialTaxon UndevelopedPropertyassetforthinStepThreeofSectionE.,less(vii)anyamountsavailabletopaydebt serviceorotherperiodiccostsontheBondspursuanttotheIndenture. "TaxableProperty"meansall!ƭƭĻƭƭƚƩ͸ƭParcelswithinCFDNo.20201,whicharenotExemptProperty. ͻğǣğĬƌĻ ƓźƷͼ meanseitheraResidentialUnitoranAcre. "Tract(s)"meansanareaoflandwithinasubdivisionidentifiedbyaparticulartractnumberonaFinal Mapapprovedforthesubdivision. ͻƩǒƭƷĻĻͼ meansthetrustee,fiscalagent,orpayingagentundertheIndenture. "UndevelopedProperty"meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertywhicharenotDeveloped Property,ApprovedProperty,ProvisionalUndevelopedProperty. B.SPECIALTAX CommencingFiscalYear20202021andforeachsubsequentFiscalYear,theCityCouncilshalllevySpecial TaxesonallTaxableProperty,uptotheapplicableMaximumSpecialTaxtofundtheSpecialTax Requirement. C.ASSIGNMENTTOLANDUSECATEGORYFORSPECIALTAX EachFiscalYear,beginningwithFiscalYear20202021,each!ƭƭĻƭƭƚƩ͸ƭParcelwithinCFDNo.20201shall beclassifiedasTaxablePropertyorExemptProperty.Inaddition,each!ƭƭĻƭƭƚƩ͸ƭParcelofTaxable Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho CityofSanBernardino CommunityFacilitiesDistrictNo.20201(RanchoPalma)Page4 Packet Pg. 231 8.k PropertyshallbefurtherclassifiedasDevelopedProperty,ApprovedProperty,UndevelopedPropertyor ProvisionalUndevelopedProperty. !ƭƭĻƭƭƚƩ͸ƭParcelsofDevelopedPropertyshallfurtherbeclassifiedasResidentialPropertyorNon ResidentialProperty.Each!ƭƭĻƭƭƚƩ͸ƭParcelofResidentialPropertyshallfurtherbeclassifiedasaSingle FamilyResidentialPropertyorMultifamilyProperty.Each!ƭƭĻƭƭƚƩ͸ƭParcelofSingleFamilyResidential PropertyshallbefurtherassignedtoaLandUseCategorybasedonitsBuildingSquareFootage. Intheeventthatthereareparent!ƭƭĻƭƭƚƩ͸ƭParcel(s)forwhichoneormoreBuildingPermitshavebeen issuedandtheCountyhasnotyetassignedfinal!ƭƭĻƭƭƚƩ͸ƭParcelNumber(s)tothelotsonwhichthe ResidentialUnit(s)havebeenorwillbebuilt(inaccordancewiththeFinalMaporCondominiumPlan)on suchparent!ƭƭĻƭƭƚƩ͸ƭParcel,theamountoftheSpecialTaxonsuchparent!ƭƭĻƭƭƚƩ͸ƭParcelshallbe determinedasfollows:(1)theCFDAdministratorshallfirstdetermineanamountoftheMaximumSpecial Taxlevyforsuch!ƭƭĻƭƭƚƩ͸ƭParcel,basedontheclassificationofsuch!ƭƭĻƭƭƚƩ͸ƭParcelasUndeveloped Property;(2)theamountoftheSpecialTaxfortheResidentialUnitsonsuch!ƭƭĻƭƭƚƩ͸ƭParcelforwhich BuildingPermitshavebeenissuedshall bedeterminedbasedontheDevelopedPropertySpecialTaxrates andsuchamountsshallbeleviedasDevelopedPropertyinaccordancewithStep1and,ifapplicable,Step 4ofSectionEbelow;and(3)theamountoftheSpecialTaxlevyontheTaxablePropertyinsuch!ƭƭĻƭƭƚƩ͸ƭ ParcelnotsubjecttotheSpecialTaxlevyinclause(2)shallbeequalto:(A)thepercentageoftheMaximum SpecialTaxrateleviedonUndevelopedPropertypursuanttoStep3ofSectionEbelow,multipliedbythe totaloftheamountdeterminedinclause(1),less(B)theamountdeterminedinclause(2). D.MAXIMUMSPECIALTAX 1. DevelopedProperty TheMaximumSpecialTaxforeach!ƭƭĻƭƭƚƩ͸ƭParcelofSingleFamilyResidentialPropertyinanyFiscal Yearshallbethegreaterof(i)theAssignedSpecialTaxor(ii)theBackupSpecialTax. TheMaximumSpecialTaxforeach!ƭƭĻƭƭƚƩ͸ƭParcelofNonResidentialPropertyandMultifamily PropertyshallbetheapplicableAssignedSpecialTaxdescribedinTable1ofSectionD. a. AssignedSpecialTax EachFiscalYear,each!ƭƭĻƭƭƚƩ͸ƭParcelofSingleFamilyResidentialProperty,MultifamilyPropertyor NonResidentialPropertyshallbesubjecttoanAssignedSpecialTax.TheAssignedSpecialTax applicabletoanAssessor'sParcelofDevelopedPropertyforFiscalYear20202021shallbedetermined pursuanttoTable1below. Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho CityofSanBernardino CommunityFacilitiesDistrictNo.20201(RanchoPalma)Page5 Packet Pg. 232 8.k TABLE1 ASSIGNEDSPECIALTAXFORDEVELOPEDPROPERTY FISCALYEAR20202021 Assigned TaxableSpecialTaxPer LandUseCategoryUnitBuildingSquareFootageTaxableUnit 1. SingleFamilyResidentialPropertyRULessthan2,100sq.ft$1,880 2.SingleFamilyResidentialPropertyRU2,100sq.ftto2,399sq.ft$2,080 3.SingleFamilyResidentialPropertyRU2,400sq.ftto2,699sq.ft$2,185 4.SingleFamilyResidentialPropertyRU2,700sq.ftto2,999sq.ft$2,420 5.SingleFamilyResidentialPropertyRUGreaterthan2,999sq.ft$2,525 6.MultifamilyPropertyAcreN/A$16,490 7.NonResidentialPropertyAcreN/A$16,490 b.MultipleLandUseCategories Insomeinstancesan!ƭƭĻƭƭƚƩ͸ƭParcelofDevelopedPropertymaycontainmorethanoneLandUse Type.TheMaximumSpecialTaxleviedonan!ƭƭĻƭƭƚƩ͸ƭParcelshallbethesumoftheMaximumSpecial TaxforeachTaxableUnitforallLandUseCategorieslocatedonthe!ƭƭĻƭƭƚƩ͸ƭParcel.TheCFD !ķƒźƓźƭƷƩğƷƚƩ͸ƭallocationtoeachtypeofpropertyshallbefinal. c.BackupSpecialTax TheBackupSpecialTaxforan!ƭƭĻƭƭƚƩ͸ƭParcelwithinaFinalMapclassifiedasSingleFamilyResidential Propertyshallcalculatedaccordingtothefollowingformula. B=(UxA)/L Thetermsabovehavethefollowingmeanings: B=BackupSpecialTaxper!ƭƭĻƭƭƚƩ͸ƭParcelclassifiedasSingleFamilyResidentialPropertywithin theFinalMap. U=MaximumSpecialTaxperAcreofUndevelopedPropertyperSectionD.3below. A=AcreageofSingleFamilyResidentialPropertythatexistsorisexpectedtoexistinsuchFinal Mapatthetimeofcalculation,asdeterminedbytheAdministrator. L=Numberof!ƭƭĻƭƭƚƩ͸ƭParclesofSingleFamilyResidentialPropertyexpectedtoexistafterbuild outinsuchFinalMapatthetimeofcalculation,asdeterminedbytheAdministrator. IntheeventanyportionoftheFinalMapischangedormodified,theBackupSpecialTaxforall !ƭƭĻƭƭƚƩ͸ƭParcelswithinsuchchangedormodifiedareashallbe$16,490perAcre. Notwithstandingtheforegoing,theBackupSpecialTaxforan!ƭƭĻƭƭƚƩ͸ƭParcelofDeveloperProperty forwhichacertificateofoccupancyhasbeengrantedmaynotberevised. Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho CityofSanBernardino CommunityFacilitiesDistrictNo.20201(RanchoPalma)Page6 Packet Pg. 233 8.k IntheeventanysupersedingFinalMapisrecordedasaFinalMapwithintheboundariesoftheCFD, theBackupSpecialTaxforall!ƭƭĻƭƭƚƩ͸ƭParcelswithinsuchFinalMapshallbe$16,490perAcre.The BackupSpecialTaxshallnotapplytoMultifamilyResidentialPropertyorNonResidentialProperty. 2. ApprovedProperty TheMaximumSpecialTaxforeach!ƭƭĻƭƭƚƩ͸ƭParcelofApprovedPropertyexpectedtobeclassifiedas SingleFamilyPropertyshallbetheBackupSpecialTaxcomputedpursuanttoSectionD.1.cabove. TheMaximumSpecialTaxforeach!ƭƭĻƭƭƚƩ͸ƭParcelofApprovedPropertyexpectedtobeclassifiedas MultifamilyResidentialProperty orNonResidentialPropertyshallbe$16,490perAcre. 3. UndevelopedPropertyandProvisionalUndevelopedProperty TheMaximumSpecialTaxforeach!ƭƭĻƭƭƚƩ͸ƭParcelofUndevelopedPropertyandProvisional UndevelopedPropertyshallbe$16,490perAcre. E.METHODOFAPPORTIONMENTOFTHESPECIALTAX CommencingFiscalYear20202021andforeachsubsequentFiscalYear,theCityCouncilshalllevySpecial TaxesonallTaxablePropertyinaccordancewiththefollowingsteps: StepOne:TheSpecialTaxshallbeleviedProportionatelyoneach!ƭƭĻƭƭƚƩ͸ƭParcelofDeveloped Propertyatupto100%oftheapplicableAssignedSpecialTaxratesinTable1tosatisfy theSpecialTaxRequirement. StepTwo:IfadditionalmoneysareneededtosatisfytheSpecialTaxRequirementafterthefirststep hasbeencompleted,theSpecialTaxshallbeleviedProportionatelyoneach!ƭƭĻƭƭƚƩ͸ƭ ParcelofApprovedPropertyatupto100%oftheMaximumSpecialTaxapplicabletoeach such!ƭƭĻƭƭƚƩ͸ƭParcelasneededtosatisfytheSpecialTaxRequirement. StepThree:IfadditionalmoneysareneededtosatisfytheSpecialTaxRequirementafterthefirsttwo stepshavebeencompleted,theAnnualSpecialTaxshallbeleviedProportionatelyon each!ƭƭĻƭƭƚƩ͸ƭParcelofUndevelopedPropertyupto100%oftheMaximumSpecialTax applicabletoeachsuch!ƭƭĻƭƭƚƩ͸ƭParcelasneededtosatisfytheSpecialTax Requirement. StepFour:IfadditionalmoneysareneededtosatisfytheSpecialTaxRequirementafterthefirst threestepshavebeencompleted,thentheSpecialTaxoneachAssessor'sParcelof DevelopedPropertywhoseMaximumSpecialTaxistheBackupSpecialTaxshallbe increasedinequalpercentagesfromtheAssignedSpecialTaxupto100%oftheBackup SpecialTaxasneededtosatisfytheSpecialTaxRequirement. StepFive:IfadditionalmoneysareneededtosatisfytheSpecialTaxRequirementafterthefirstfour stepshavebeencompleted,theSpecialTaxshallbeleviedProportionatelyoneach !ƭƭĻƭƭƚƩ͸ƭParcelofProvisionalUndevelopedPropertyupto100%oftheMaximum SpecialTaxapplicabletoeachsuch!ƭƭĻƭƭƚƩ͸ƭParcelasneededtosatisfytheSpecialTax Requirement. Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho CityofSanBernardino CommunityFacilitiesDistrictNo.20201(RanchoPalma)Page7 Packet Pg. 234 8.k Notwithstandingtheabove,undernocircumstanceswilltheSpecialTaxesleviedinanyFiscalYearagainst any!ƭƭĻƭƭƚƩ͸ƭParcelofResidentialPropertyasaresultofadelinquencyinthepaymentoftheSpecial Taxapplicabletoanyother!ƭƭĻƭƭƚƩ͸ƭParcelbeincreasedbymorethantenpercent(10%)abovethe amountthatwouldhavebeenleviedinthatFiscalYearhadthereneverbeenanysuchdelinquencyor default. F.EXEMPTIONS TheCityshallclassifyasExemptProperty,inthechronologicalorderinwhichthepropertybecomes exempt,(i)!ƭƭĻƭƭƚƩ͸ƭParcelswhichareownedby,irrevocablyofferedfordedication,encumberedbyor restrictedinusebytheStateofCalifornia,Federalorotherlocalgovernments,includingschooldistricts, (ii)!ƭƭĻƭƭƚƩ͸ƭParcelswhichareusedasplacesofworshipandareexemptfrom ğķǝğƌƚƩĻƒ propertytaxes becausetheyareownedbyareligiousorganization,(iii)!ƭƭĻƭƭƚƩ͸ƭParcelswhichareownedby, irrevocablyofferedfordedication,encumberedbyorrestrictedinusebyahomeowners'association,(iv) !ƭƭĻƭƭƚƩ͸ƭParcelswithpublicorutilityeasementsmakingimpracticaltheirutilizationforotherthanthe purposessetforthintheeasement,(v)!ƭƭĻƭƭƚƩ͸ƭParcelswhichareprivatelyownedandareencumbered byorrestrictedsolelyforpublicuses,or(vi)!ƭƭĻƭƭƚƩ͸ƭParcelsrestrictedtoothertypesofpublicuses determinedbytheCityCouncil,providedthatnosuchclassificationwouldreducethesumofallTaxable Propertytolessthan15.91Acres. Notwithstandingtheabove,theCityCouncilshallnotclassifyan!ƭƭĻƭƭƚƩ͸ƭParcelasExemptPropertyif suchclassificationwouldreducethesumofallTaxablePropertytolessthan15.91Acres.Assessor's ParcelswhichcannotbeclassifiedasExemptPropertybecausesuchclassificationwouldreducethe AcreageofallTaxablePropertytolessthan15.91AcreswillbeclassifiedasProvisionalUndeveloped Property,andwillbesubjecttoSpecialTaxpursuanttoStepFiveinSectionE. G.PREPAYMENTOFSPECIALTAX ThefollowingadditionaldefinitionsapplytothisSectionG: ͻ/C5PublicCğĭźƌźƷźĻƭͼ means$3,750,000expressedin2020dollars,whichshallincreasebythe ConstructionInflationIndexonJuly1,2020,andoneachJuly1thereafter,orsuchloweramount(i) determinedbytheCityCouncilassufficienttoprovidethepublicfacilitiesundertheauthorizedbonding programforCFDNo.20201,or(ii)determinedbytheCityCouncilconcurrentlywithacovenantthatit willnotissueany moreBondstobesupportedbySpecialTaxleviedunderthisRateandMethodof Apportionment. ͻ/ƚƓƭƷƩǒĭƷźƚƓCǒƓķͼ meansanaccountspecificallyidentifiedintheIndentureorfunctionallyequivalent toholdfunds,whicharecurrentlyavailableforexpendituretoacquireorconstructpublicfacilitieseligible underCFDNo.20201. ͻ/ƚƓƭƷƩǒĭƷźƚƓInflationLƓķĻǣͼ meanstheannualpercentagechangeintheEngineeringNewsRecord BuildingCostIndexforthecityofLosAngeles,measuredasoftheCalendarYearwhichendsinthe previousFiscalYear.Intheeventthisindexceasestobepublished,theConstructionInflationIndexshall beanotherindexasdeterminedbytheCitythatisreasonablycomparabletotheEngineeringNews RecordBuildingCostIndexfortheCityofLosAngeles. ͻCǒƷǒƩĻFacilities/ƚƭƷƭͼ meanstheCFDPublicFacilitiesminuspublicfacilitycostsavailabletobefunded, orthatwerefunded,throughexistingconstructionorescrowaccountsorfundedbytheOutstanding Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho CityofSanBernardino CommunityFacilitiesDistrictNo.20201(RanchoPalma)Page8 Packet Pg. 235 8.k BondsorSpecialTaxes,andminuspublicfacilitycostsfundedbyinterestearningsontheConstruction Fundactuallyearnedpriortothedateofprepayment. ͻhǒƷƭƷğƓķźƓŭ.ƚƓķƭͼ meansallpreviouslyissuedBondsissuedandsecuredbythelevyofSpecialTax whichwillremainoutstandingafterthefirstinterestand/or principalpaymentdatefollowingthecurrent FiscalYear,excludingBondstoberedeemedatalaterdatewiththeproceedsofpriorprepaymentsof SpecialTax. 1.PrepaymentinFull TheMaximumSpecialTaxobligationmaybeprepaidandpermanentlysatisfiedfor(i)!ƭƭĻƭƭƚƩ͸ƭParcels ofDevelopedProperty,(ii)!ƭƭĻƭƭƚƩ͸ƭParcelsofApprovedPropertyorUndevelopedPropertyforwhicha BuildingPermithasbeenissued,(iii)ApprovedorUndevelopedPropertyforwhichaBuildingPermithas notbeenissued,and(iv)!ƭƭĻƭƭƚƩ͸ƭParcelsofProvisionalUndevelopedProperty.TheMaximumSpecial Taxobligationapplicabletoan!ƭƭĻƭƭƚƩ͸ƭParcelmaybefullyprepaidandtheobligationtopaytheSpecial Taxforsuch!ƭƭĻƭƭƚƩ͸ƭParcelpermanentlysatisfiedasdescribedherein;providedthataprepaymentmay bemadeonlyiftherearenodelinquentSpecialTaxeswithrespecttosuch!ƭƭĻƭƭƚƩ͸ƭParcelatthetime ofprepayment.Anownerofan!ƭƭĻƭƭƚƩ͸ƭParcelintendingtoprepaytheMaximumSpecialTaxobligation forsuch!ƭƭĻƭƭƚƩ͸ƭParcelshallprovidetheCFDAdministratorwithwrittennoticeofintenttoprepay,and within5businessdaysofreceiptofsuchnotice,theCFDAdministratorshallnotifysuchownerofthe amountofthenonrefundabledepositdeterminedtocoverthecosttobeincurredbytheCFDin calculatingthePrepaymentAmount(asdefinedbelow)forthe!ƭƭĻƭƭƚƩ͸ƭParcel.Within15daysofreceipt ofsuchnonrefundabledeposit,theCFDAdministratorshallnotifysuchownerofthePrepaymentAmount forthe!ƭƭĻƭƭƚƩ͸ƭParcel.Prepaymentmustbemadenotlessthan60dayspriortotheredemptiondate foranyBondstoberedeemedwiththeproceedsofsuchprepaidSpecialTaxes. ThePrepaymentAmountshallbecalculatedasfollows(somecapitalizedtermsaredefinedbelow): BondRedemptionAmount plusRedemptionPremium plusFutureFacilitiesAmount plusDefeasanceAmount plusAdministrativeFeesandExpenses lessReserveFundCredit Equals:PrepaymentAmount ThePrepaymentAmountshallbedeterminedasoftheproposedprepaymentdateasfollows: 1.ConfirmthatnoSpecialTaxdelinquenciesapplytosuch!ƭƭĻƭƭƚƩ͸ƭParcel. 2.Foran!ƭƭĻƭƭƚƩ͸ƭParcelofDevelopedProperty,computetheMaximumSpecialTaxforthe !ƭƭĻƭƭƚƩ͸ƭParcel.Foran!ƭƭĻƭƭƚƩ͸ƭParcelofApprovedPropertyorUndevelopedPropertyforwhich aBuildingPermithasbeenissued,computetheMaximumSpecialTaxforthe!ƭƭĻƭƭƚƩ͸ƭParcelas thoughitwasalreadydesignatedasDevelopedProperty,basedupontheBuildingPermitwhichhas beenissuedforthe!ƭƭĻƭƭƚƩ͸ƭParcel.Foran!ƭƭĻƭƭƚƩ͸ƭParcelofApprovedPropertyorUndeveloped PropertyforwhichaBuildingPermithasnotbeenissued,orProvisionalUndelevopedPropertytobe prepaid,computetheMaximumSpecialTaxforthe!ƭƭĻƭƭƚƩ͸ƭParcel. 3.DividetheMaximumSpecialTaxderivedpursuanttoparagraph2bythetotalamountofSpecial TaxesthatcouldbeleviedtheMaximumSpecialTaxassumingbuildoutofall!ƭƭĻƭƭƚƩ͸ƭParcelsof Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho CityofSanBernardino CommunityFacilitiesDistrictNo.20201(RanchoPalma)Page9 Packet Pg. 236 8.k TaxablePropertybasedontheapplicableMaximumSpecialTaxfor!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped Propertynotincludingany!ƭƭĻƭƭƚƩ͸ƭParcelsforwhichtheSpecialTaxobligationhasbeenpreviously prepaid. 4.Multiplythequotientderivedpursuanttoparagraph3bytheprincipalamountofthe OutstandingBondstodeterminetheamount ofOutstandingBondstoberedeemedwiththe PrepaymentAmount(theͻ.ƚƓķRedemption!ƒƚǒƓƷͼΜ͵ 5.MultiplytheBondRedemptionAmountbytheapplicableredemptionpremium,ifany,onthe OutstandingBondstoberedeemed(theͻwĻķĻƒƦƷźƚƓtƩĻƒźǒƒͼΜ͵ 6.DeterminetheFutureFacilitiesCosts. 7.Multiplythequotientderivedpursuanttoparagraph3bytheamountdeterminedpursuantto paragraph6todeterminetheamountofFutureFacilitiesCostsforthe!ƭƭĻƭƭƚƩ͸ƭParcel(theͻCǒƷǒƩĻ Facilities!ƒƚǒƓƷͼΜ͵ 8.DeterminetheamountneededtopayinterestontheBondRedemptionAmountfromthefirst bondinterestand/orprincipalpaymentdatefollowingthecurrentFiscalYearuntiltheearliest redemptiondatefortheOutstandingBondsonwhichBondscanberedeemedfromSpecialTax prepayments. 9.DeterminetheSpecialTaxesleviedonthe!ƭƭĻƭƭƚƩ͸ƭParcelinthecurrentFiscalYearwhich havenotyetbeenpaid. 10.DeterminetheamounttheCFDAdministratorreasonablyexpectstoderivefromtheinvestment oftheBondRedemptionAmountandtheRedemptionPremiumfromthedateofprepaymentuntil theredemptiondatefortheOutstandingBondstoberedeemedwiththePrepaymentAmount. 11.Addtheamountsderivedpursuanttoparagraphs8and9andsubtracttheamountderived pursuanttoparagraph10(theͻ5ĻŅĻğƭğƓĭĻ!ƒƚǒƓƷͼΜ͵ 12.VerifytheadministrativefeesandexpensesoftheCFD,thecosttoinvestthePrepayment Amount,thecostofredeemingtheOutstandingBonds,andthecostofrecordingnoticestoevidence theprepaymentoftheMaximumSpecialTaxobligationforthe!ƭƭĻƭƭƚƩ͸ƭParcelandtheredemption ofOutstandingBonds(theͻ!ķƒźƓźƭƷƩğƷźǝĻFeesand9ǣƦĻƓƭĻƭͼΜ͵ 13.Thereservefundcredit(theͻwĻƭĻƩǝĻFund/ƩĻķźƷͼΜshallequalthelesserof:(a)theexpected reductioninthereserverequirement(asdefinedintheIndenture),ifany,associatedwiththe redemptionofOutstandingBondsasaresultoftheprepayment,or(b)theamountderivedby subtractingthenewreserverequirement(asdefinedintheIndenture)ineffectaftertheredemption ofOutstandingBondsasaresultoftheprepaymentfromthebalanceinthereservefundonthe prepaymentdate,butinnoeventshallsuchamountbelessthanzero. 14.ThePrepaymentAmountisequaltothesumoftheBondRedemptionAmount,theRedemption Premium,theFutureFacilitiesAmount,theDefeasanceAmountandtheAdministrativeFeesand Expenses,lesstheReserveFundCredit. Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho CityofSanBernardino CommunityFacilitiesDistrictNo.20201(RanchoPalma)Page10 Packet Pg. 237 8.k 15.FromthePrepaymentAmount,theBondRedemptionAmount,theRedemptionPremium,and DefeasanceAmountshallbedepositedintotheappropriatefundasestablishedundertheIndenture andbeusedtoredeemOutstandingBondsormakedebtservicepayments.TheFutureFacilities AmountshallbedepositedintotheConstructionFund.The AdministrativeFeesandExpensesshall beretainedbytheCFD. ThePrepaymentAmountmaybesufficienttoredeemotherthana$5,000incrementofBonds.Insuch event,theincrementabove$5,000oranintegralmultiplethereofwillberetainedintheappropriatefund establishedundertheIndenturetobeusedwiththenextredemptionfromotherSpecialTaxprepayments ofOutstandingBondsortomakedebtservicepayments. AsaresultofthepaymentofthecurrentFiscal—ĻğƩ͸ƭSpecialTaxlevyasdeterminedpursuantto paragraph9above,theCFDAdministratorshallremovethecurrentFiscal—ĻğƩ͸ƭSpecialTaxlevyforthe !ƭƭĻƭƭƚƩ͸ƭParcelfromtheCountytaxroll.Withrespecttoany!ƭƭĻƭƭƚƩ͸ƭParcelforwhichtheMaximum SpecialTaxobligationisprepaid,theCityCouncilshallcauseasuitablenoticetoberecordedincompliance withtheAct,toindicatetheprepaymentofMaximumSpecialTaxobligationandthereleaseoftheSpecial Taxlienforthe!ƭƭĻƭƭƚƩ͸ƭParcel,andtheobligationtopaytheSpecialTaxforsuch!ƭƭĻƭƭƚƩ͸ƭParcelshall cease. Notwithstandingtheforegoing,noSpecialTaxprepaymentshallbeallowedunlesstheamountof MaximumSpecialTaxthatmaybeleviedonall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertyaftertheproposed prepaymentwillbeatleast1.1timesmaximumannualdebtserviceontheBondsthatwillremain outstandingaftertheprepaymentplustheestimatedannualAdministrativeExpenses. TendersofBondsinprepaymentoftheMaximumSpecialTaxobligationmaybeacceptedupontheterms andconditionsestablishedbytheCityCouncilpursuanttotheAct.However,theuseofBondtenders shallonlybeallowedonacasebycasebasisasspecificallyapprovedbytheCityCouncil. 2.PrepaymentinPart TheMaximumSpecialTaxobligationforan!ƭƭĻƭƭƚƩ͸ƭParcelofDevelopedProperty,ApprovedProperty, UndevelopedPropertyorProvisionalUndevelopedPropertymaybepartiallyprepaid.Forpurposesof determiningthepartialprepaymentamount,theprovisionsofSectionG.1shallbemodifiedasprovided bythefollowingformula: PP=((PΑ!ΜxF)+A E Thesetermshavethefollowingmeaning: PP=PartialPrepaymentAmount P=thePrepaymentAmountcalculatedaccordingtoSectionG.1 E F=thepercentbywhichtheownerofthe!ƭƭĻƭƭƚƩ͸ƭParcel(s)ispartiallyprepayingthe MaximumSpecialTaxobligation A=theAdministrativeFeesandExpensesdeterminedpursuanttoSectionG.1 Theownerofan!ƭƭĻƭƭƚƩ͸ƭParcelwhodesirestopartiallyprepaytheMaximumSpecialTaxobligationfor the!ƭƭĻƭƭƚƩ͸ƭParcelshallnotifytheCFDAdministratorof(i)suchƚǞƓĻƩ͸ƭintenttopartiallyprepaythe MaximumSpecialTaxobligation,(ii)thepercentageoftheMaximumSpecialTaxobligationsuchowner wishestoprepay,and(iii)thecompanyoragencythatwillbeactingastheescrowagent,ifany.Within Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho CityofSanBernardino CommunityFacilitiesDistrictNo.20201(RanchoPalma)Page11 Packet Pg. 238 8.k 5daysofreceiptofsuchnotice,theCFDAdministratorshallnotifysuchpropertyowneroftheamountof thenonrefundabledepositdeterminedtocoverthecosttobeincurredbytheCFDincalculatingthe amountofapartialprepayment.Within15businessdaysofreceiptofsuchnon refundabledeposit,the CFDAdministratorshallnotifysuchowneroftheamountofthePartialPrepaymentAmountforthe !ƭƭĻƭƭƚƩ͸ƭParcel.APartialPrepaymentAmountmustbemadenotlessthan60dayspriortothe redemptiondatefortheOutstandingBondstoberedeemedwiththeproceedsofthe PartialPrepayment Amount. Withrespecttoany!ƭƭĻƭƭƚƩ͸ƭParcelforwhichtheMaximumSpecialTaxobligationispartiallyprepaid, theCFDAdministratorshall(i)distributethePartialPrepaymentAmountasprovidedinParagraph15of SectionG.1,and(ii)indicateintherecordsoftheCFDthattherehasbeenaPartialPrepaymentAmount forthe!ƭƭĻƭƭƚƩ͸ƭParcelandthataportionoftheSpecialTaxobligationequaltotheremainingpercentage (1.00F)ofSpecialTaxobligationwillcontinueonthe!ƭƭĻƭƭƚƩ͸ƭParcelpursuanttoSectionE. H.TERMINATIONOFSPECIALTAX ForeachFiscalYearthatanyBondsareoutstandingtheSpecialTaxshallbeleviedonall!ƭƭĻƭƭƚƩ͸ƭParcels subjecttotheSpecialTax.TheSpecialTaxshallceasenotlaterthanthe20602061FiscalYear,however, SpecialTaxwillceasetobeleviedinanearlierFiscalYeariftheCFDAdministratorhasdetermined(i)that alltherequiredinterestandprincipalpaymentsontheCFDNo.20201Bondshavebeenpaid;(ii)all authorizedfacilitiesofCFDNo.20201havebeenacquiredandallreimbursementstothedeveloperhave beenpaid,(iii)nodelinquentSpecialTaxremainuncollectedand(iv)allotherobligationsofCFDNo.2020 1havebeensatisfied. I.MANNEROFCOLLECTION TheSpecialTaxshallbecollectedinthesamemannerandatthesametimeasordinary ğķǝğƌƚƩĻƒ propertytaxes,provided,however,thatCFDNo.20201maycollectSpecialTaxatadifferenttimeorina differentmannerifnecessarytomeetitsfinancialobligations,andmaycovenanttoforecloseandmay actuallyforecloseondelinquent!ƭƭĻƭƭƚƩ͸ƭParcelsaspermittedbytheAct. J.APPEALSOFSPECIALTAXES AnytaxpayermayfileawrittenappealoftheSpecialTaxesonhis/her!ƭƭĻƭƭƚƩ͸ƭParcel(s)withtheCFD Administrator,providedthattheappellantiscurrentinhis/herpaymentsofSpecialTaxes.During pendencyofanappeal,allSpecialTaxespreviouslyleviedmustbepaidonorbeforethepaymentdate establishedwhenthelevywasmade.Theappealmustspecifythereasonswhytheappellantclaimsthe SpecialTaxisinerror.TheCFDAdministratorshallreviewtheappeal,meetwiththeappellantiftheCFD Administratordeemsnecessary,andadvisetheappellantofitsdetermination.IftheCFDAdministrator agreeswiththeappellant,theCFDAdministratorshallgrantacredittoeliminateorreducefutureSpecial TaxesontheğƦƦĻƌƌğƓƷ͸ƭ!ƭƭĻƭƭƚƩ͸ƭParcel(s).NorefundsofpreviouslypaidSpecialTaxesshallbemade. TheCFDAdministratorshallinterpretthisRateandMethodofApportionmentandmakedeterminations relativetotheannuallevyandadministrationoftheSpecialTaxesandanytaxpayerwhoappeals,as hereinspecified. Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho CityofSanBernardino CommunityFacilitiesDistrictNo.20201(RanchoPalma)Page12 Packet Pg. 239 8.k Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho Packet Pg. 240 Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form 8.k 8.k Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho Packet Pg. 242 8.k Resolution No. 2020-149 RESOLUTION NO. 2020-149 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO WHEREAS, the City Council (the ÐCity CouncilÑ) of the City of San Bernardino (the ÐCityÑ) has received a written petition from TH Rancho Palma, LLC, a Delaware limited liability company (the ÐOwnerÑ), the owner of certain real property within the City of San Bernardino (the ÐCityÑ) requesting that the City Council initiate proceedings for the formation of a community facilities district, pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the ÐMello- Roos Community Facilities Act of 1982,Ñ (the ÐActÑ) for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the Owner is the owner of all of the property which is proposed to be included within the proposed community facilities district; and WHEREAS, the Act provides that the City Council may initiate proceedings to establish a community facilities district only if it has first considered and adopted local goals and policies concerning the use of community facilities districts; and WHEREAS, the City Council has been presented with its Local Goals and Policies for all Community Facilities Districts of the City of San Bernardino (the ÐPoliciesÑ) for consideration, and the proposed public facilities comply with the Policies; and WHEREAS, pursuant to Section 53320 of the Act, having received such a petition, the City Council is required to institute proceedings for the formation of the proposed community facilities district by the adoption of a resolution of intention pursuant to Section 53321 of the Act. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that the foregoing recitals are correct. SECTION 2. Proposed Community Facilities District. A community facilities district is proposed to be established under the provisions of the Act. The name proposed for the community facilities district is ÐCommunity Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of CaliforniaÑ herein referred to as CFD No. 2020-1. Resolution No. 2020-149 Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho July 1, 2020 Page 1 of 6 Packet Pg. 243 8.k Resolution No. 2020-149 SECTION 3. Description and Map of Boundaries. The boundaries of the proposed CFD No. 2020-1 are described and shown on the map entitled ÐProposed Boundary Map Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California,Ñ which is on file with the City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after conforming with the other requirements of Section 3111 of said Code, record the original of said map in her office, and not later than 15 days prior to the date of the public hearing set forth in Section 10 hereof shall file a copy of said map with the County Recorder of the County of San Bernardino. SECTION 4. Types of Facilities; Incidental Expenses. The types of public Facilities proposed to be provided for and financed by the proposed CFD 2020-1 (the ÐFacilitiesÑ) are: (a) water system facilities, including capacity in existing facilities, and sewer system facilities, including capacity in existing facilities and sewage treatment and disposal capacity, storm drain improvements and transportation improvements, including street and traffic improvements of the City and such other improvements authorized by the Act; and (b) The incidental expenses which will be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed community facilities district, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district, and (iii) any other expenses incidental to the construction, completion, and inspection of the public facilities (the ÐIncidental ExpenseÑ). SECTION 5. Special Taxes. Except where funds are otherwise available, a special tax sufficient to finance the Facilities and related Incidental Expenses secured by the recordation of a continuing lien against all taxable or nonexempt property in CFD No. 2020-1, shall be annually levied within CFD No. 2020-1. Under no circumstances will Special Taxes levied in any fiscal year against any parcel used for private residential purposes be increased as consequence of delinquency or default by the owner of any other parcel or parcels within CFD No. 2020-1 by more than 10 percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A parcel shall be considered Ðused for private residential purposesÑ not later than the date on which an occupancy permit or the equivalent for private residential use is issued and for such parcel. For further particulars as to the rate and method of apportionment of the Special Taxes to be levied on parcels of taxable property in CFD No. 2020-1 reference is made to the attached and incorporated Exhibit A (the ÐRate and MethodÑ) which sets forth in sufficient detail the rate and method of apportionment of the Special Taxes to allow each landowner or resident within CFD No. 2020-1 to clearly estimate the maximum amount that such person will have to pay. Resolution No. 2020-149 Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho July 1, 2020 Page 2 of 6 Packet Pg. 244 8.k Resolution No. 2020-149 The conditions under which the obligation to pay Special Taxes may be prepaid and permanently satisfied are as set forth in the Rate and Method. Pursuant to Section 53340 of the Act, said Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that CFD No. 2020-1 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessorÓs parcels as permitted by the Act. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Taxes shall attach to all non-exempt real property in CFD No. 2020-1, and that lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien is canceled in accordance with law or until collection of the Special Taxes ceases. SECTION 6. Exempt Properties. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Taxes. SECTION 7. Necessity. The City Council finds that the Facilities described in Section 4 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of proposed CFD No. 2020-1. SECTION 8. Repayment of Funds Advanced or Work-in-Kind. Pursuant to Section 53314.9 of the Act, the City Council proposes to accept advances of funds or work-in-kind from private persons or private entities and to provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including but not limited to, paying any costs incurred by the City in creating proposed CFD No. 2020-1, and to enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind to repay funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. SECTION 9. Prohibition of Owner Contracts. Pursuant to Section 53329.5 of the Act, the City Council finds that the public interest will not be served by allowing the owners of property within proposed CFD No. 2020-1 to enter into a contract in accordance with subdivision (a) of that section, and that such owners shall not be permitted to elect to perform the work and enter into a written contract with the City for the construction for the Facilities pursuant to said Section 53329.5. SECTION 10. Hearing. A public hearing on the formation of proposed CFD No. 2020- 1 shall be held at 7:00 p.m. on August 5, 2020 in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California. SECTION 11. Notice of Hearing. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the Act, and may also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner Resolution No. 2020-149 Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho July 1, 2020 Page 3 of 6 Packet Pg. 245 8.k Resolution No. 2020-149 within CFD No. 2020-1 as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322. SECTION 12. Report. The officers of the City who will be responsible for providing the proposed Facilities to be provided within and financed by proposed CFD No. 2020-1, if it is established, shall study proposed CFD No. 2020-1, and, at or before the time of said hearing, file a report or reports with the City Council containing a brief description of the Facilities by type which will in their opinion be required to adequately meet the needs of proposed CFD No. 2020- 1 and their estimate of the fair and reasonable cost of providing the Facilities and the related Incidental Expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 10 hereof. SECTION 13. Description of Voting Procedures. The voting procedures to be followed shall be pursuant to Section 53326 of the Act and pursuant to the applicable provisions of the California Election Code. SECTION 14. Approval of Policies. The Policies are hereby approved as presented to the City Council at this meeting. SECTION 15. CEQA. 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 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 16. 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 17. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested st by the Acting City Clerk this 1 day of July, 2020. John Valdivia, Mayor City of San Bernardino Resolution No. 2020-149 Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho July 1, 2020 Page 4 of 6 Packet Pg. 246 8.k Resolution No. 2020-149 Attest: Genoveva Rocha, Acting City Clerk Attest: Sonia R. Carvalho, City Attorney Resolution No. 2020-149 Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho July 1, 2020 Page 5 of 6 Packet Pg. 247 8.k Resolution No. 2020-149 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, Acting City Clerk, hereby certify that the attached is a true copy of st Resolution No. 2020-149, adopted at a regular meeting held on the 1 day of July, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ nd WITNESS my hand and official seal of the City of San Bernardino this 2 day of July, 2020. ______________________________ Genoveva Rocha, Acting City Clerk Resolution No. 2020-149 Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho July 1, 2020 Page 6 of 6 Packet Pg. 248 8.k Attachment: FN. CFD 2020-1 (Rancho Palma) - CFD Report- Attachment 6 (6851 : Proceedings to Form Proposed CFD No. 2020-1 (Rancho Packet Pg. 249 8.l FUNDING AND ACQUISITION AGREEMENT Relating to CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) Between THE CITY OF SAN BERNARDINO and TH RANCHO PALMA, LLC, a Delaware limited liability company August 1, 2020 Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 Packet Pg. 250 8.l FUNDING AND ACQUISITION AGREEMENT COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO This FUNDING AND ACQUISITION entered into the 1st day of August, 2020 by and between the CITY OF SAN BERNARDINO, a charter city and municipal organization organized and operating under the laws of the State of TH RANCHO PALMA, LLC, a Delaware limited liability company R E C I T A L S A. Owner has purchased that certain real property located on approximately 28.34 gross acres of land within Tentative Tract Map No. 20006 including 119 residential lots, parks, basin and RV parking Rancho Palma B. The City, is in the process of establishing a community facilities district pursuant to the provisions of Chapter 2.5 (commencing with § 53311) of Part 1 of Division 2 of Title 5 of the Government Code, commonly known as th-Roos Community Facilities of levying special and selling sufficient to finance the acquisition of certain street improvements Facilities and the design, planning, engineering, installation, and construction of certain public facilities and improvements, to be owned, operated or maintained by Public satisfy the obligation of the Property and the Owner for the payment of certain fees to the City. The Acquisition Facilities and Public Facilities are generally described in Exhibit A attached hereto, which Acquisition Facilities and Public Facilities are necessary to the development of the Property. Said community facilities district shall be known as the No. 2020-1 (Rancho Palma) of the City of San Bernardino C. Section 53313.5 of the Act provides that a community facilities district may finance the purchase of facilities completed prior to the adoption of the resolution establishing the community facilities district, and may purchase facilities completed after the adoption of the resolution of formation establishing the community facilities district if the facilities have been constructed as if they had been constructed under the direction and supervision, or under the authority of, the local agency whose governing body is conducting proceedings for the establishment of the community facilities district. D. The purpose of this Agreement is to provide for the levy of Special Taxes and the issuance and sale of the Bonds of the District secured by the Special Taxes to finance the acquisition of the Acquisition Facilities, and the design, planning, engineering, financing, installation, and construction of the Public Facilities and expenses incidental thereto. E. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in Exhibit B attached hereto and by this reference herein incorporated. Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 1 Packet Pg. 251 8.l AGREEMENTS NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties agree as follows: Section 1. Establishment of District. The City shall initiate proceedings pursuant to the Act for the establishment of the District. Such proceedings include elections pursuant to Sections 53326, 53350 and 53353.5 of the Act on (i) the question of the issuance of the Bonds of the District to finance the acquisition of the Acquisition Facilities, and the design, planning, engineering, construction management, financing, installation and construction or acquisition of the Public Facilities, including the direct payment to the City for such Public Facilities, (ii) the question of the annual levy of the Special Taxes on those portions of the Property subject to the Special Taxes to pay directly for the Acquisition Facilities and the Public Facilities and to pay the principal of and interest on the Bonds and the annual administrative expenses of the City in levying and collecting such Special Taxes, paying the principal and interest on such Bonds and providing for the registration, exchange and transfer of such Bonds, including the fees of fiscal agents and paying agents, and any necessary replenishment of the reserve fund for such Bonds, and (iii) the question of the establishment of an appropriations limit for the District. From time to time prior to the issuance of the Bonds, at the written request of Owner, and subject to Owner advancing funds as determined by the City as necessary to pay all costs related thereto in accordance with Section 4 below, the City shall use its reasonable best efforts to undertake proceedings which may be deemed necessary to amend the Rate and Method or to amend the boundaries of the District. Section 2. Payment of City Fees as Deposit. Owner shall timely pay or deposit with the City in full when due all City Fees. Any payment or deposit of City Fees before Special Taxes are received or proceeds of the Bonds become available, including all City Fees paid prior to the execution of this Agreement, shall be held on deposit by the City in a separate account used exclusively for City F provided, however, earnings on the investment of funds in the Deposit Account shall be returned to the City. Except as otherwise provided below, if Bonds have not been issued for a period of 36 months from the date of payment of City Fees for the first phase of production units, then the City may use any funds remaining in the Deposit Account for their lawful purposes and such funds shall be deemed by the City as the payment of the City Fees for the applicable parcels of the Property for which payment was made, provided that if Owner requests that Bonds be issued within such 36 month time frame, then the City may not use any funds remaining in the Deposit Account as provided herein until 48 months from the date of payment of City Fees for the first phase of production units. If the City uses any of the funds remaining in the Deposit Account reimbursed from the proceeds of Bonds subsequently issued even if such Bonds must be issued on a taxable basis. Immediately upon the City receiving proceeds of the Bonds in accordance with Deposit Account. In addition, prior to the issuance of Bonds, to the extent Special Taxes in the Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 2 Packet Pg. 252 8.l Special Fund are available to be disbursed for Public Facilities in accordance with Section 6(a)(3) below, an equal amount of funds held in the Deposit Account shall be returned to Owner. Section 3. Sale of Bonds reasonable best efforts, as hereinafter provided, to issue and sell Bonds, in one or more series, in accordance with the provisions of this Agreement and the Financing District Policy. Each series of Bonds is expected to have a debt service amortization schedule matching the annual Special Taxes available for debt service pursuant to the Rate and Method and for a term of not more than forty (40) years, for the purpose of raising an amount sufficient to pay for the design, planning, engineering, construction management, financing, installation and construction or acquisition of the Public Facilities and the Acquisition Facilities. In connection with the issuance of the first series of Bonds, the City on behalf of itself and the District shall establish criteria for the issuance of Additional Bonds which meet the criteria of the Financing District Policy. The timing of the issuance and sale of each series of Bonds, the aggregate principal amount thereof, and the terms and conditions upon which they shall be sold shall be as set forth in this Agreement and otherwise as determined by the City in its sole reasonable discretion after consultation with Owner. Not by way of limitation of the foregoing, the timing of the issuance and sale of the first series of Bonds and any Additional Bonds shall be as soon as reasonably practicable, as determined by the City in its sole reasonable discretion following consultation with its financial advisor, underwriter and other consultants and counsel after written request from Owner. Owner shall use its reasonable best efforts to cooperate with City in connection with any Bond sale. Section 4. Advance of Certain Expenses. Pursuant to a Landowner Deposit Agreement advance all of the costs reasonably associated with the establishment of the District. Owner shall deposit funds with the City for -of-pocket expenses associated with a sale of each series of Bonds, including, but not limited to, (i) the fees and expenses of any consultants and legal counsel to the City employed in connection with the issuance of the Bonds, including an engineer, special tax consultant, financial advisor, bond counsel and any other consultant deemed necessary or advisable by the City, (ii) the costs of appraisals, market absorption and feasibility studies and other reports deemed necessary or advisable by the City in connection with the issuance of the Bonds, (iii) the costs of publication of notices and other costs related to any proceeding undertaken in connection with the issuance of the Bonds, (iv) reasonable charges for City staff time incurred in connection with the issuance of the Bonds, including a reasonable allocation of City overhead expense, and (v) any and all other actual costs and expen proceeds of the Bonds, without interest, for the portion of the Reimbursable Expenses deposits that have been expended or encumbered, said reimbursement to be made from the proceeds of the Bonds on the date of issuance of the Bonds or as soon as reasonably possible thereafter and only to the extent otherwise permitted under the Act, and refund any unexpended or encumbered deposited amounts. If the Special Taxes are levied and collected, the City may reimburse Owner from the receipts of Special Taxes (net of amounts required to pay District administrative expenses), without interest, for the portion of the deposits paid by Owner pursuant to the Deposit Agreement that have been expended or encumbered, said reimbursement from receipts of Special Taxes to be made on or before the end of each fiscal year; provided, however, that the City may Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 3 Packet Pg. 253 8.l retain such collected Special Taxes in the amounts that it deems reasonably necessary to facilitate the issuance of the Bonds. The City shall keep records of all Reimbursable Expenses advanced by the City pursuant to this Section 4, which records shall be available for inspection by Owner during regular business hours. The sole source of funds for reimbursement of any advance expenditure made by the City or Owner shall be the uncommitted and unexpended payments made by Owner to the City, proceeds of the Bonds, or Special Tax receipts as determined by the City. Section 5. Tax Requirements. The timing of the sale of each series of Bonds, the nature of the investments in which the proceeds of the Bonds shall be invested, the duration of such investments, and the timing of the expenditure of such proceeds shall be as set forth in this that in all such matters City shall comply with the requirements of and limitations prescribed by the provisions of Sections 103 and 141 through 150 of the Internal Revenue Code of 1986 (the Treasury. The City shall not be required to take any such action which in the opinion of the being included in gross income for purposes of Federal income taxation. Should any change in or regulatory interpretation of any such requirement or limitation which may occur after the date of this Agreement require or necessitate, in the reasonable opinion of such bond counsel, any action on the part of the City in order to avoid such a classification or loss of tax exemption, the City shall notwithstanding any provision of this Agreement, forthwith take such action. In the event the City fails to comply with requirements set forth above in this Section 5 liability is limited to the Special Tax revenues generated by the District. Section 6. Priority and Allocation of Special Taxes and Bond Proceeds. (a) Special Taxes Prior to the Issuance of Bonds. Prior to the issuance of Bonds, Special Taxes may be levied at the discretion of the City on Developed Property pursuant to the Rate and Method in and following the first fiscal year in which is classified as Developed Property until the issuance of the final series of Bonds. Prior to the issuance of the first series of Bonds, the proceeds of the Special Taxes shall be allocated in the following priority: (1) first, to pay all reasonable costs of administration of the District; (2) second, to pay eligible costs reasonably determined by the City to be necessary to facilitate the issuance of Bonds within the next six (6) months; and (3) third, the amount remaining after payment of the amounts for (1) and (2) shall be deposited in the Special Fund and disbursed first to reimburse prior deposits paid by Owner to City pursuant to the Deposit Agreement, then to fund the Acquisition Facilities and/or Public Facilities. Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 4 Packet Pg. 254 8.l (b) Special Taxes Following the Issuance of Bonds. Following the issuance of the first series of Bonds and continuing until the issuance of the final series of Bonds, the City classified as Developed Property at the Assigned Special Tax amount pursuant to the Rate and Method or such lesser amount which complies with the Fiscal Agent Agreement. In years in which there is no levy of Special Taxes on Undeveloped Property, the priority for allocation of the Special Taxes collected from Developed Property shall be as follows: (1) first, to fund an amount up to the annual Administrative Expense Requirement; (2) second, to pay principal and interest on outstanding Bonds and to replenish the reserve fund to the applicable reserve fund requirement; (3) third, to fund all actual administrative expenses in excess of the Administrative Expense Requirement; and (4) fourth, all remaining amounts shall reduce special tax levies in subsequent fiscal years. (c) Bond Proceeds. The proceeds of all Bonds shall be allocated and disbursed according to the following priorities: (1) first, to fund all costs of issuance of the Bonds including (i) a reserve fund for the Bonds which does not exceed the amount permitted under the Code or the Act, (ii) capitalized interest for at least the period required to collect sufficient Special Taxes through the annual levy, or a longer period requested by Owner, not to exceed an amount equal to two years interest, or such lesser amount as the City shall determine pursuant to the Financing District Policy, (iii) the Reimbursable Expenses, and (v) bond counsel fees, disclosure counsel fees, financial advisor, appraisal and market absorption consultant fees, special tax consultant fees, fiscal agent or trustee fees and other typical and reasonable out-of-pocket expenses incurred by the City in connection with the issuance and sale of the Bonds; (2) second, to reimburse, without interest, prior deposits paid by Owner to City pursuant to the Deposit Agreement and this Agreement related to formation of the District and issuance of the Bonds; and (3) third, to fund the Acquisition Facilities (including any costs incurred by the City for processing Payment Requests) and/or Public Facilities in satisfaction of an amount equal to City Fees for which Special Taxes were insufficient to pay, as may be determined by the City in consultation with Owner. Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 5 Packet Pg. 255 8.l Section 7. Construction of Acquisition Facilities. The Acquisition Facilities for which Owner seeks reimbursement under this Agreement shall be constructed and completed by Owner, as determined by the City pursuant to Section 53313.5 of the Act. Payment of the Purchase Price of the Acquisition Facilities shall be in the manner described in Section 8 hereof. Section 8. Acquisition and Payment of Acquisition Facilities. (a) Inspection. City agrees that the Acquisition Facilities are eligible for payment, provided that the timing and amount of such payment shall be determined by the City pursuant to this Section 8 of this Agreement. No payment hereunder shall be made by the City to Owner for an Acquisition Facility until such Acquisition Facility has been inspected by the City or other applicable public entity or utility and found to be substantially completed in accordance with the approved Plans. to be usable, subject to final completion of such items as the final lift or any other items not essential to the primary use or operation of the Acquisition Facility. For Acquisition Facilities to be acquired by the City, Owner shall request inspection using applicable City procedures. For Acquisition Facilities to be acquired by other public entities or utilities, Owner shall be responsible for obtaining such inspections and providing written evidence thereof to the City Engineer. Owner agree to pay all inspection, permit and other similar fees of the City applicable to construction of the Acquisition Facilities, which fees are subject to reimbursement under this Agreement. (b) Agreement to Sell and Purchase Acquisition Facilities. Owner hereby agrees to sell the Acquisition Facilities to the City and the City hereby agrees to use amounts available pursuant to the terms of this Agreement to pay the Purchase Price, as defined below, thereof to Owner, subject to the terms and conditions hereof. The City shall not be obligated to pay the Purchase Price for the Acquisition Facilities except from the proceeds of the Bonds and proceeds of the Special Tax as provided herein. (c) Purchase Price. The Purchase Price for an Acquisition Facility shall be equal to the Actual Cost of such Acquisition Facility, as approved in accordance with the procedure set forth in subsection (e) below but subject to the limitations of this Section 8. (d) Payment Requests. In order to receive the Purchase Price for an Acquisition Facility, Owner shall deliver to the City Manager or his designee a Payment Request in the form of Exhibit C hereto, together with all attachments and exhibits required by this Section 8(d) to be included therewith. If the property on which the Acquisition Facility is located is not owned by the City at the time of the request, Owner shall provide a copy of the recorded documents conveying to the City Acceptable Title to the real property on, in or over which such Acquisition Facility is located, as described in Section 9(a) hereof. (e) Processing Payment Requests. Upon receipt of a Payment Request (and all accompanying documents), the City Manager or his designee shall conduct a review in order to confirm that such request is complete and to verify and approve the Actual Cost of the Acquisition Facility. The City Manager or his designee shall also conduct such review as is required in his/her discretion to confirm the matters certified in the Payment Request. Owner Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 6 Packet Pg. 256 8.l agrees to cooperate with the City Manager or his designee in conducting each such review and to provide the City Manager or his designee with such additional information and documentation as is reasonably necessary for the City Manager or his designee to conclude each such review. Within 20 business days of receipt of the Payment Request, the City Manager or his designee expects to review the request for completeness and notify Owner whether such Payment Request is complete, and, if not, what additional documentation must be provided. If such Payment Request is complete, the City Manager or his designee expects to provide a written approval or denial (specifying the reason for any denial) of the request within 30 days of its submittal. (f) Payment. Upon approval of the Payment Request by the City Manager or his designee, the City Manager or his designee shall sign the Payment Request and forward the same to the Finance Director of the City. Upon receipt of the reviewed and fully signed Payment Request, the Finance Director of the City shall, within the then current City financial accounting payment cycle but in any event within fifteen (15) business days of receipt of the approved Payment Request, cause the same to be paid by the Fiscal Agent under the applicable provisions of the Fiscal Agent Agreement, to the extent of funds then on deposit in the appropriate account. The Purchase Price paid hereunder for the Acquisition Facilities shall constitute payment in full for the Acquisition Facilities, including, without limitation, payment for all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Acquisition Facilities. (g) Timing of Requisitions. The City and Owner acknowledge that (i) Owner may submit a Payment Request for an Acquisition Facility to the City in advance of when sufficient, if any, funds are available for payment of the Purchase Price; (ii) the Payment Request submitted when there are insufficient proceeds available will be reviewed by the City as set forth in this Agreement and, if appropriate, approved for payment when such funds are available and (iii) the payment approved in the preceding manner will be deferred until the date, if any, on which there are proceeds of Special Taxes or Bonds available to make all or part of such payment, at which time the city will pay from the Special Fund or direct the Fiscal Agent to wire transfer (or pay in another mutually acceptable manner) from Bond proceeds the funds available to the payee identified in such Payment Request. (h) Restrictions on Payments. Notwithstanding any other provisions of this Agreement, the following restrictions shall apply to any payments made to Owner under Sections 8(b) and 8(f) hereof: (1) Amounts of Payments. Subject to the following paragraphs of this Section 8(h), payments for the Acquisition Facilities will be made only in the amount of the Purchase Price for the Acquisition Facilities. Nothing herein shall require the City in any event (i) to pay more than the Actual Cost of the Acquisition Facilities, or (ii) to make any payment beyond the available funds in the Special Fund or the applicable accounts identified in the Fiscal Agent Agreement. The parties hereto acknowledge and agree that all payments to Owner for the Purchase Price of the Acquisition Facilities are intended to be reimbursements to Owner for monies already expended Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 7 Packet Pg. 257 8.l or for immediate payment by Owner (or directly by the City) to third parties in respect of the Acquisition Facilities. (2) Joint or Third Party Payments. The City may make any payment jointly to Owner and any mortgagee or trust deed beneficiary, contractor or supplier of materials, as their interests may appear, or solely to any such third party, if Owner so requests the same in writing or as the City otherwise determines such joint or third party payment is necessary to obtain lien releases. (3) Withholding Payments. The City shall be entitled, but shall not be required, to withhold any payment hereunder for the Acquisition Facilities if Owner or any Affiliate is delinquent in the payment of ad valorem real property taxes, special assessments or taxes, or Special Taxes levied in the District. In the event of any such delinquency, the City shall only make payments hereunder directly to contractors or other third parties employed in connection with the construction of the Acquisition Facilities interests in this Agreement (and not to Owner or any Affiliate), until such time as Owner provides the City Manager with evidence that all such delinquent taxes and assessments have been paid. The City shall withhold final payment for an Acquisition Facility constructed on land until Acceptable Title to such land is conveyed to the City, as described in Section 9 hereof. Nothing in this Agreement shall be deemed to prohibit Owner from contesting in good faith the validity or amount of any mechanics or materialmans lien nor limit the remedies available to Owner with respect thereto so long as such delay in performance shall not subject the Acquisition Facility to foreclosure, forfeiture or sale. In the event that any such lien is contested, Owner shall only be required to post or cause the delivery of a bond in an amount equal to the amount in dispute with respect to any such contested lien, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the City Manager or his designee. Nothing in this Section 8(h) shall prevent payments pursuant to Section 6. (i) Modification of Acquisition Facilities and Public Facilities. The descriptions of the Acquisition Facilities and Public Facilities in Exhibit A may be modified, or new Acquisition Facilities and Public Facilities may be added to Exhibit A, through a Supplement executed by the City Manager and Owner provided the modifications or new Acquisition Facilities and Public Facilities are consistent with the facilities and costs authorized to be funded by the District pursuant to the formation proceedings and the Act. Section 9. Ownership and Transfer of Acquisition Facilities. (a) Conveyance of Land and Easements to City. Acceptable Title to all property on, in or over which the Acquisition Facilities will be located, shall be deeded over to the City by way of grant deed, quitclaim, or dedication of such property, or easement thereon, if such conveyance of interest is approved by the City as being a sufficient interest therein to permit the City to properly own, operate and maintain the Acquisition Facilities located therein, Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 8 Packet Pg. 258 8.l thereon or thereover, and to permit Owner to perform its obligations as set forth in this Agreement. Owner agrees to assist the City in obtaining such documents as are required to obtain Acceptable Title. Completion of the transfer of title to land shall be accomplished prior to the payment of the Purchase Price for an Acquisition Facility and shall be evidenced by an irrevocable offer of dedication or recordation of the acceptance thereof by the City Council. (b) Facilities to be Owned by the City Title Evidence. Upon the request of the City, Owner shall furnish to the City a preliminary title report for land with respect to the Acquisition Facilities that have not previously been dedicated or otherwise conveyed to the City, for review and approval at least fifteen (15) calendar days prior to the transfer of Acceptable Title of the Acquisition Facilities to the City. The City shall approve the preliminary title report use and enjoyment of any part of the property or easement covered by the preliminary title report. In the event the City does not approve the preliminary title report, the City shall not be obligated to accept title to such Acquisition Facility or pay the Purchase Price for the Acquisition Facility until Owner has cured such objections to title to the satisfaction of the City. (c) Facilities Constructed on Private Lands. If any portion of an Acquisition Facility is located on privately-owned land, the owner thereof shall retain title to the land and the completed Acquisition Facility until the Acquisition Facility is accepted by City and transferred to City pursuant to this Section 9. Pending the completion of such transfer, Owner shall not be entitled to receive any payment for the Acquisition Facility. Owner shall, however, be entitled to receive payments pursuant to Section 8 of the Acquisition Facility upon making an irrevocable offer of dedication of such land in form and substance acceptable to the City Manager. (d) Facilities Constructed on City Land. If any portion of an Acquisition Facility to be acquired is on land owned by the City, the City hereby grants to Owner a license to enter upon such land for purposes related to the construction (and maintenance pending acquisition) of the Acquisition Facility. The provisions for inspection and acceptance of the Acquisition Facilities otherwise provided herein shall apply. Section 10. Indemnification. Owner shall promptly defend, indemnify and hold harmless the City, its officers, employees and agents, and each and every one of them, and the District from any and all claims, actions, liability, damages, losses, expenses and costs arising arising out of, this Agreement. Section 11. City Policies. The Rate and Method, the sale of the Bonds and the ratio of the appraised market value of all parcels of property within the District to the total amount of the assessment and special tax obligation thereof after the issuance and sale of the Bonds (the -to-Lien Rshall comply with the Financing District Policy of the City. Section 12. Representations, Covenants and Warranties of Owner. Owner represents and warrants for the benefit of the City as follows: A. Organization. Owner is duly organized, validly existing and in good standing under the laws of the State of Delaware, is duly qualified to conduct business as a Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 9 Packet Pg. 259 8.l foreign limited liability company and is in good standing under the laws of the State of California and has the limited liability company power and limited liability company authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated. B. Authority. Owner has the limited liability company power and limited liability company authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered by Owner, and this Agreement has been duly and validly executed and delivered by Owner. C. Binding Obligation. This Agreement is a legal, valid and binding obligation of Owner, enforceable against Owner in accordance with its terms, subject to bankruptcy and other equitable principles. D. Compliance with Laws. Owner shall not with knowledge commit, suffer or permit any act to be done in, upon or to the lands of Owner in the District in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the lands in the District or the Acquisition Facilities. E. Requests for Payment. Owner represents and warrants that (i) it will not request payment from the City out of the Special Taxes or proceeds of the Bonds for the acquisition of any improvements other than the Acquisition Facilities, and (ii) it will diligently follow all procedures set forth in this Agreement with respect to the Payment Request for the Acquisition Facilities. F. Additional Information. Owner agrees to cooperate with all reasonable written requests for nonproprietary information by the original purchasers of the Bonds or the City related to the status of construction of improvements within the District, the anticipated completion dates for future improvements, and any other matter material to the investment quality of the Bonds. G. Continuing Disclosure. Owner agrees to comply with all of its obligations under any continuing disclosure agreement executed by it in connection with the offering and sale of any of the Bonds. Owner shall cooperate with City in complying with the requirements of Rule 15c2-12 of the Securities and Exchange Commission in connection with the issuance and sale of the Bonds. Owner shall provide information to the City regarding its operations and financial condition as such information has been disclosed in the Official Statement. The City, in consultation with the underwriter of the Bonds, may determine that some or all of such financial information will be included in the preliminary official statement and the final official statement for the Bonds. If Owner owns property within the District responsible for more than 20% of the Special Taxes levied in such fiscal year, then Owner acknowledges that it may -12(b)(5) of the Securities and Exchange Commission and that it may therefore be necessary that Owner enter into a continuing disclosure undertaking, at the time of and in connection with the issuance and sale of the Bonds, that so long as it remains an obligated person it will semi-annually, at the time specified in such undertaking, provide information regarding its financial condition, including, at Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 10 Packet Pg. 260 8.l such regularly submitted periodic reports and financial statements prepared by Owners certified public accountant which are available to the investing public (which may be and the status of development and residential and land sale activity within the District to be included within the semi-annual reports which Owner, or a dissemination agent designated in such undertaking, will file with the Nationally Recognized Municipal Securities Information Repositories which are identified by the Securities and Exchange Commission and any state information repository that may be designated for the State of California, as required by that rule. Copies of all such reports shall also be provided to the City and the underwriter of the Bonds. Owner further acknowledges that it may be an obligated person pursuant to such rule as long as it owns property within the District that is responsible for the payment of annual Special Taxes which represent 20% or more of the annual debt service on the Bonds. If Owner sells any portion of property within the District to an entity and such entity will own property within the District which will be responsible for the payment of annual Special Taxes which represent 20% or more of the annual debt service on the Bonds, Owner shall notify such entity that it will be an obligated person for purposes of the rule and that such entity will be required to enter into a continuing disclosure undertaking as provided in this section. Section 13. Independent Contractor. Owner is an independent contractor and not the agent of the City or the District. This Agreement shall not and does not create a joint venture or partnership between the City and Owner. The City shall have no responsibility or liability for the payment of any amount to any employee or subcontractor of Owner. Section 14. Special Taxes. The parties are entering into this Agreement and establishing the District for the purpose of creating a stream of Special Tax revenues that will be available to the District to pay directly the costs of acquisition, construction and/or equipping the Acquisition Facilities and Public Facilities and to pay debt service on the Bonds, the proceeds of which will be used to pay the costs of acquisition, construction and/or equipping of the Acquisition Facilities and Public Facilities. Owner and City hereby acknowledge and agree (i) that any reduction or termination of the Special Taxes by exercise of the initiative power or other action would constitute a substantial impairment of the Special Tax revenue stream that Owner and City intend to create for the purpose of providing an assured source of funding for construction, acquisition and/or equipping of the Acquisition Facilities and Public Facilities, and (ii) that this Agreement is being entered into, and the Special Taxes are being imposed upon the Property pursuant to the Rate and Method, in accordance with existing laws relating to the imposition of fees and charges as a condition of development of the Property and such Special Taxes are being incurred as an incident of the voluntary act of development of the Property. To the fullest extent permitted by law, Owner, for itself and for each of its successors and assigns as owners or lessees of all or any portion of the Property included in the District hereby waives any right to exercise the initiative power that may be authorized in California Constitution Article XIIIC, Section 3, to reduce or appeal the Special Taxes. Section 15. Disclosure of Special Taxes. (a) From and after the date of this Agreement, Owner shall provide of Specia 15(b) below) to each prospective purchaser of a home in the District prior to the execution by the home buyer of the sale contract for such home. Owner shall (i) maintain records of each Notice of Special Tax for a period of five (5) years, and Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 11 Packet Pg. 261 8.l (ii) shall provide copies of each notice to City promptly following the giving of such notice. plications for Final Subdivision date of this Agreement. Owner shall require of a builder acquiring lots within the Property he close of escrow on any residential lot, to (i) maintain records of each Notice of Special Tax for a period of five (5) years, (ii) provide copies of each notice to City promptly following the giving of such notice, and (iii) include the Notice of Special Tax in all of (b) notice in the form prescribed by California Government Code Section 53341.5 which is calculated to disclose to the purchaser thereof (i) that the property being purchased is subject to the Special Taxes and other special taxes of the District; (ii) the classification of such property; (iii) the maximum annual amount of the Special Taxes and other special taxes of the District and the number of years for which they are authorized to be levied; and (iv) the types of facilities and services to be paid with the proceeds of the Special Taxes and other special taxes of the District. (c) City will file with the San Bernardino special tax lien that gives notice of the existence of the District and the levy of the Special Tax on property within the District for the benefit of subsequent property owners, pursuant to requirements of Section 3114.5 of the Streets and Highways Code. (d) Sample Property Tax Bill/Special Tax Information Sheet. Owner and its successors and assigns shall prepare and have available in its sales office, copies of either a sample property tax bill in a form reasonably acceptable for the City or special tax information es and other special taxes authorized to be levied within the District under the Rate and Method. Owner and its successors and assigns shall make available to prospective homebuyers to take with them, copies of such sample property tax bill or Special Tax Information Sheet at the time written information regarding the base home price and property tax information for a specific home site is requested by and provided to such homebuyers. Owner intends to comply with this requirement by providing prospective homebuyers who request such additional written information, with the sample property tax bill in the City. Section 16. Termination and Dissolution. Prior to the issuance of Bonds, Owner may elect to terminate this Agreement and request that the City cancel the Special Taxes by providing written notice to the City. Within thirty (30) days of such written notice, City shall record a notice of cancellation of the Special Taxes with respect to each parcel. Owner shall be responsible for reasonable City costs incurred relating to the cancellation of the Special Taxes and recordation of such notice; provided, however, that the City shall not terminate the Special Taxes for any lot for which a building permit has been issued, unless Owner pays all City fees or posts separate security therefore. Such termination of this Agreement and cancellation of Special Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 12 Packet Pg. 262 8.l Fees upon issuance of a building permit. Section 17. Binding on Community Facilities District. The District shall automatically become a party to this Agreement, and all provisions hereof which apply to the City shall also apply to the District. The City Council of the City, acting as the legislative body of the District, shall perform all parts of this Agreement which require performance on the part of the District. Section 18. Assignment. Upon the successful formation of the District, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto and shall run with the land without any further action of the City or Owner unless terminated in writing pursuant to Section 16. Section 19. Prompt Action. All consents, approvals and determinations required of either the City or Owner pursuant to this Agreement shall be promptly given or made, and shall not be unreasonably withheld or conditioned. Section 20. General. This Agreement and the Deposit Agreement contain the entire agreement between the parties with respect to the matters herein provided for. This Agreement may only be amended by a subsequent written agreement signed on behalf of both parties. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. This Agreement shall be construed and governed by the Constitution and laws of the State of California. Should either party to this Agreement commence a court action or proceeding against the other party with respect to this Agreement or the design and acquisition or construction of the Acquisition Facilities, the party prevailing in such action or proceeding shall other costs incurred by it in prosecuting or defending such action or proceeding. The captions of the sections of this Agreement are provided for convenience only, and shall not have any bearing on the interpretation of any section hereof. This Agreement may be executed in several counterparts, each of which shall be an original of the same agreement. \[Signature Page Follows\] Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 13 Packet Pg. 263 8.l IN WITNESS WHEREOF, the parties have caused this agreement to be signed as of the date first above written. Dated: TH RANCHO PALMA, LLC, a Delaware limited liability company By: ________________________________ Richard P. Douglass Authorized Agent Dated: CITY OF SAN BERNARDINO By: ________________________________ Teri Ledoux City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: By: Bond Counsel -Signature Page- Funding and Acquisition Agreement Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 S-1 Packet Pg. 264 8.l EXHIBIT A DESCRIPTION OF PUBLIC FACILITIES The immediately following table lists the Acquisition Facilities to be constructed by Owner and the Public Facilities to be owned, operated and maintained by the City, including the current cost estimates related thereto, which are subject to change. Estimated A. Acquisition Facilities Street Improvements $ 750,000 B. Public Facilities Circulation Improvements $ 317,492 Storm Drainage Improvements 467,194 Sewer Improvements 615,972 Water Improvements 669,970 GRAND TOTAL ELIGIBLE ACQUISITION FACILITIES AND $2,820,628 PUBLIC FACILITIES Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 A-1 Packet Pg. 265 8.l EXHIBIT B DEFINITIONS The following terms shall have the meanings ascribed to them for purposes of this Agreement. Unless otherwise indicated, any other terms, capitalized or not, when used herein shall have the meanings ascribed to them in the Fiscal Agent Agreement (as hereinafter defined). Works director, free and clear of all liens, taxes, assessments, leases, easements and encumbrances, whether or not recorded, but subject to any exceptions determined by the Public Works Director as not interfering with the actual or intended use of the land or interest therein. Notwithstanding the foregoing, an irrevocable offer of dedication may constitute land with an parcel map, (ii) such offer is in a form acceptable to the Public Works Director, (iii) the Public Works Director has no reason to believe that such offer of dedication will not be accepted by the applicable public agency, and (iv) the Owner commits in writing not to allow any liens to be imposed on such property prior to its acceptance. tion to accept dedication of or transfer of title to the Acquisition Facilities. Acquisition Facilitiesthe facilities described as such in Exhibit A to the Agreement. District after the first series of Bonds, in each case in compliance with and under supplements to the Fiscal Agent Agreement, which Additional Bonds shall be secured on a parity lien or subordinate lien position with other Bonds previously issued. by or is under common control with the Owner, for purposes hereof, control means the power to exercise a controlling influence over the management or policies of a person, unless such power is solely the result of an official position with such person. -Roos Community Facilities Act of 1982, Sections 53311 et seq. of the California Government Code, as amended. the Acquisition Facilities, which costs may include: (i) the costs incurred by the Owner for the construction of the Acquisition Facilities, including labor, material and equipment costs; (ii) the costs incurred by the Owner in preparing the Plans for the Acquisition Facilities and the related costs of environmental evaluations of the Acquisition Facilities; (iii) the fees paid to governmental agencies for obtaining permits, licenses or other governmental approvals for the Acquisition Facilities; (iv) a construction and project management fee of five percent (5%) of the costs described in clause (i) above incurred for the construction of the Acquisition Facilities; (v) professional costs incurred by the Owner or the Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 B-1 Packet Pg. 266 8.l City associated with the Acquisition Facilities, such as engineering, legal, accounting, inspection, construction staking, materials testing and similar professional services; (vi) costs directly related to the construction and/or acquisition of the Acquisition Facilities, such as costs of payment, performance and/or maintenance bonds, and insurance costs (including costs of any title insurance required hereunder); and (vii) costs of any real property or interest therein acquired from a third party, which real property or interest therein is either necessary for the construction of such Acquisition Facility (e.g., temporary construction easements, haul roads, etc.) or is required to be conveyed with such Acquisition Facility in order to convey Acceptable Title thereto to the City. Actual Cost shall not include any cost of carry or interest expense with respect to any construction loan obtained by the Owner with respect to the Acquisition Facilities. tive Expense Requir $25,000 per year commencing in the first year of issuance of Bonds. the following development impact fees imposed by the City; water and sewer connection, street and signal, law enforcement, fire protection, library, public meeting, aquatic center, parks and radio communication. ent between the City and the Owner. City, or his or her designee. extraordinary District events such as foreclosure actions against delinquent taxpayers within the District. San Bernardino Debt Policy and Procedures, dated September 16, 2015, as amended on July 1, 2020 or as further amended from time to time. eans the financial institution or other entity that enters into a Fiscal Agent Agreement with the City with respect to the Bonds. similar name to be executed by the City, for and on behalf of the District, and the fiscal agent, which will provide for, among other matters, the issuance of the Bonds and the establishment of an Improvement Fund as originally executed by the City and the fiscal agent and as it may be amended from time to time. TH RANCHO PALMA, LLC, a Delaware limited liability company, as the owner of the Property, and its successors and assigns, other than individual homebuyers. Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 B-2 Packet Pg. 267 8.l sociation, a limited liability company, a joint stock company, a trust, any unincorporated organization or a government or political subdivision thereof. the Acquisition Facilities approved pursuant to the applicable standards of the City or other entity that will own, operate or maintain the Acquisition Facilities when completed and acquired. the Acquisition Facilities determined in accordance with Section 8 hereof, being an amount equal to the Actual Cost of such Acquisition Facilities, but subject to the limitations and reductions provided for in Section 8. apportionment of special taxes approved for the District in accordance with the Act. -bearing special fund of the City to be established and administered pursuant to this Agreement. means the special tax designated in the Rate and Method. Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 B-3 Packet Pg. 268 8.l EXHIBIT C FORM OF PAYMENT REQUEST City of San Bernardino Community Facilities District No. 2020-1 (Rancho Palma) The undersigned, ______________________, a duly authorized representative of Owner, hereby requests payment of the Purchase Price of the Acquisition Facilities described in Attachment A attached hereto. Capitalized undefined terms shall have the meanings ascribed thereto in the Funding and Acquisition Agreement, dated as of August 1, 2020 (the San Bernardino San Bernardino Community Facilities District No. 2020-1 (Rancho PalmaTH RANCHO PALMA, LLC, a Delaware limited liability company this Payment Request, the undersigned hereby represents and warrants to the CFD and the City as follows: 1. He (she) is a duly authorized representative of Owner, qualified to execute this request for payment on behalf of Owner and knowledgeable as to the matters set forth herein. 2. The Acquisition Facilities for which payment is being sought under this payment request have been substantially completed in accordance with the Agreement. 3. The true and correct Actual Cost of the Acquisition Facilities is set forth in Attachment A. 4. Attached hereto are invoices, receipts, worksheets and other evidence of costs which are in sufficient detail to allow the City to verify the Actual Cost of the Acquisition Facilities. 5. There has not been filed with or served upon Owner notice of any lien, right to lien or attachment upon, or claim affecting the right to receive the payment requested herein which has not been released or will not be released simultaneously with the payment of Copies of lien releases for all work for which payment is requested hereunder are attached hereto. 6. Owner is in compliance with the terms and provisions of the Agreement. The Purchase Price for the Acquisition Facilities shall be payable from the appropriate account created pursuant to the Fiscal Agent Agreement or the Special Fund established pursuant to the Agreement. Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 C-1 Packet Pg. 269 8.l I hereby certify that the above representations and warranties are true and correct. Dated: \[OWNER SIGNATURE\] By: Name: Title: By execution of this Payment Request, the City does hereby approve of the payment as described in this Payment Request and directs the Fiscal Agent to pay such amounts, first, from bond proceeds held in the designated account pursuant to the Fiscal Agent Agreement and, second from any surplus Special Taxes held by the City as applicable, to the payee listed above and/or the City shall pay all or a portion thereof from funds designated by the City for such purpose. CITY OF SAN BERNARDINO for the City of San Bernardino Community Facilities District No. 2020-1 (Rancho Palma) By: Name: City Manager Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 C-2 Packet Pg. 270 8.l ATTACHMENT A City Acquisition Facility Estimated Cost Actual Cost Purchase Price Total Purchase Price to be Paid $ Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 C-3 Packet Pg. 271 8.l EXHIBIT D CITY OF SAN BERNARDINO SPECIAL TAX INFORMATION SHEET Community Facilities District No. 2020-1 (Rancho Palma) 1. WHAT IS COMMUNITY FACILITIES DISTRICT (CFD) NO. 2020-1? CFD No. 2020-1 (Rancho Palma-Roos Community 2. WHO IS RESPONSIBLE TO PAY THE SPECIAL TAX AND HOW IS IT BILLED? The property owner is responsible for paying the CFD No. 2020-1 (Rancho Palma) special taxes, which will appear as a separate line item on your property tax bill along with your regular property taxes. 3. HOW MUCH WILL MY SPECIAL TAX BE? The special tax is based upon the size of the home. The assigned and maximum special taxes for CFD No. 2020-1 (Rancho Palma) for the 2020-21 fiscal year are summarized below. Assigned Special Tax Taxable Building Square Per Taxable Land Use Category Unit Footage Unit 1. Single Family Residential Property RU Less than 2,100 sq. ft $1,880 2. Single Family Residential Property RU 2,100 sq. ft to 2,399 sq. ft $2,080 3. Single Family Residential Property RU 2,400 sq. ft to 2,699 sq. ft $2,185 4. Single Family Residential Property RU 2,700 sq. ft to 2,999 sq. ft $2,420 5. Single Family Residential Property RU Greater than 2,999 sq. ft $2,525 6. Multifamily Property Acre N/A $16,490 7. Non-Residential Property Acre N/A $16,490 4. HOW LONG WILL I HAVE TO PAY THE CFD NO. 2020-1 SPECIAL TAX? Special Taxes will not be collected after fiscal year 2060-61. 5. CAN THE SPECIAL TAXES BE PREPAID? Homeowners have the option of prepaying special taxes anytime. For prepayment information please contact the City of S CFD No. 2020-1 (Rancho Palma) administrator, Spicer Consulting Group, LLC, 41619 Margarita Road, Suite 101, Murrieta, CA 92591, phone (866-504- 2067). 6. WHERE CAN I GET MORE INFORMATION? For more information in regards to CFD No. 2020-1, contact the City of San CFD No. 2020-1 (Rancho Palma) administrator, Spicer Consulting Group, LLC, 41619 Margarita Road, Suite 101, Murrieta, CA 92591, phone (866-504-2067). Attachment: FN. CFD 2020-1 (Rancho Palma) - Funding and Acquisition Agreement- Attachment 7 (6851 : Proceedings to Form Proposed CFD 55600.00907\\32892082.5 D-1 Packet Pg. 272 9 Public Hearing City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Michael Huntley, Director of Community & Economic Development Subject: Vehicle Miles Traveled (VMT) Thresholds of Significance Recommendation Adopt Resolution No. 2020-191 of the Mayor and City Council of the City of San - Traveled (VMT) Thresholds of Significance and Associated Guidelines under the alternatively is subject to an Exemption under the California Environmental Quality Act (Attachment 1). Background In accordance with Senate Bill 743 (2013) and 14 Cal. Code Regs. 15064.3, the City of San Bernardino Public Works Department is transitioning the analysis of traffic impacts under the California Environmental Quality Act (CEQA) away from Level of Service (LOS) and towards Vehicle Miles Traveled (VMT) and is requesting the adoption of the - a manner consistent with CEQA (Attachment A; Exhibits A and B), upon which Staff Planning Divisions have partnered with a third party consultant to provide input in developing local VMT thresholds for the community. Recommendations resulting from Planning Commission for their consideration. On July 14, 2020, the Planning Commission adopted Resolution No. 2020-024 General Plan Build- nvironmental Quality Act or, alternatively, is exempt from CEQA (Attachment 2). Discussion California Senate Bill 743 (SB 743) represents a new paradigm in development planning across the State. Adopted in 2013, the law changes how transportation impacts are Packet Pg. 273 Page 1 9 6842 measured in the review of plans and projects under the California Environmental Quality Act (CEQA). SB 743 removes automobile delay measured by traffic level of service (LOS) as a significant environmental impact, and directs the selection of a new measurement that better addresses the State's goals on climate change and multimodal transportation. Since 2014, the Governor's Office of Planning and Research (OPR) has Generally, it requires public agencies to evaluate the environmental effects of a project before action is taken. CEQA also aims to prevent significant environmental effects from occurring as a result of agency actions by requiring agencies to avoid or reduce, when feasible, the significant environmental impacts of their decisions. The benefit to the adoption of Vehicle Miles Traveled (VMT) Thresholds of Significance and the associated VMT Guidelines will add certainty to the development process, lower development costs and encourage economic growth. On December 28, 2018, the Office of Administrative Law approved a comprehensive update to the CEQA Guidelines which also included implementation metrics for VMT. Adopting VMT thresholds does not preclude the City from using LOS analysis to comply with Congestion Management Plan requirements or to conduct project specific transportation analysis. VMT measures the amount and distance people drive by personal vehicle to a destination. Typically, development projects that are farther from others, complementary land uses (such as a business park far from housing) and in areas without transit or active transportation infrastructure (transit systems, bike lanes, sidewalks, etc.) generate more driving than development near complementary land uses with more robust transportation options. City staff participated in a collaborative study led by SBCTA which evaluated the tools, thresholds, and mitigation options appropriate for the San Bernardino County region. Staff attended workshops conducted by SBCTA on October 23, 2019, February 3, 2020, and March 30, 2020. Vehicle Miles Traveled Thresholds As previously mentioned, VMT is the new metric for transportation analysis which focuses on the overall miles traveled by vehicles within a region, resulting in automobile delay (LOS) that is no longer used as criteria for determining a significant environmental effect under CEQA. This approach has an added inherent emphasis on reducing greenhouse gas emissions. All cities in California are required to adopt new VMT thresholds of significance through a public hearing process no later than July 1, 2020. Therefore, Fehr & Peers, an expert firm in VMT analysis, assisted in the review and development of the appropriate VMT Thresholds of Significance and is also preparing the Associated Guidelines for San Bernardino to be fully compliant with CEQA law. As a result, automobile delay, as measured by LOS, generally no longer constitutes a significant environmental effect under CEQA. Adopting VMT thresholds, however, does not preclude the City from using LOS analysis to comply with Congestion Management Plan requirements or to conduct project specific transportation analysis. Local CEQA Guidelines Packet Pg. 274 Page 2 9 6842 CEQA requires public agencies to adopt specific objectives, criteria and procedures for evaluating public and private projects that are undertaken or approved by such agencies. These Guidelines reflect the recent changes in the State CEQA Guidelines, relevant court opinions and implementation of vehicles miles traveled as the metric for transportation impacts. The Local Guidelines provide step-by-step procedures for evaluating projects prior to approval including: General Provisions & Definitions Time Limits Initial Study Exemptions Negative Declarations/Mitigated Negative Declarations Environmental Impact Reports Implementation Forms If the City adopts thresholds of significance for VMT, those thresholds would become projects or projects that have not circulated CEQA documents for public review before the effective date must comply with the City's new VMT thresholds and CEQA Guidelines. City of San Bernardino Threshold Selection The intent of this meeting is to introduce the City Council to SB 743, VMT, and the steps Staff have taken towards local implementation of the VMT Threshold of Significance. Staff has made a preliminary determination of the following threshold for City of San Bernardino: A project would result in a significant project-generated VMT impact if either of the following conditions are satisfied: The baseline project-generated VMT per service population exceeds the City of San Bernardino General Plan Build-out VMT per service population, or The cumulative project-generated VMT per service population exceeds the City of San Bernardino General Plan Build-out VMT per service population. Notes: 1) a study begins in 2020, the existing or baseline condition represents travel in the year 2020. 2) who either live or work there. Service population is the sum of all residents and employees. 3) Thres generate VMT above the adopted threshold will result in significant transportation impacts. Projects that generate VMT at or below the Packet Pg. 275 Page 3 9 6842 adopted threshold will result in less than significant transportation impacts. 4)Data produced by extracting VMT from SBCTA shows that the City of San Bernardino average VMT per service population is below the County of San Bernardino average VMT per service population in both the existing and future years. 5) The City average VMT per service population in the General Plan build- out condition represents a decrease over the existing conditions when compared to the County average. 6) The City Staff reviewed the General Plan to determine if the General Plan was consistent with the legislative intent of SB 743. Goals and policies in the General Plan support the three goals of SB 743: Promotion of Infill Development, Promotion of Active Transportation, and Reducing GHGs. 7) The City Staff wanted to balance the need to reduce GHG and VMT while their VMT threshold was determined by City Staff to be the most reasonable option to achieve this. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: A. Circulation Goal 6.4 - Minimize the impact of roadways on adjacent land uses and ensure compatibility between land uses and highway facilities to the extent possible. Circulation Element Policy 6.4.3: Continue to participate in forums involving the various governmental agencies such as Caltrans, SANBAG, SCAG, and the County that are intended to evaluate and propose solutions to regional transportation problem. The proposed VMT Thresholds of Significance and Associated Guidelines will implement the above General Plan goal and policy by improving traffic flow and public safety. California Environmental Quality Act (CEQA) Pursuant to the requirements of CEQA, the Planning Division of the Community and Economic Development Department evaluated the VMT Thresholds of Significance and requiring environmental review and, alternatively, are exempt from environmental review because it can be seen with certainty that their adoption will not result in significant effects on the environment pursuant to Section 15061(b)(3) (Review for Exemption) of the State CEQA Guidelines. 2020-2025 Key Strategic Targets and Goals The VMT Thresholds of Significance and Associated Guidelines align with Key Target No. 3: Improved Quality of Life. In compliance with State law and CEQA, the VMT Thresholds of Significance will add certainty to the development process, lower Packet Pg. 276 Page 4 9 6842 circulation needs while ensuring public safety. Fiscal Impact There is no fiscal impact related to the adoption of the proposed VMT Thresholds of Significance and Associated Guidelines. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-- (VMT) Thresholds of Significance and Associated Guidelines under the California Environmental Quality Act; and finding that the action is Environmental Quality Act. Attachments Attachment 1 Resolution No. 2020-- VTM Thresholds of - VMT Associated Guidelines Attachment 2 Planning Commission Resolution No. 2020-024 Attachment 3 PowerPoint Presentation Ward: All Synopsis of Previous Council Actions: None Packet Pg. 277 Page 5 9.a RESOLUTION NO. 2020-191 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, A BUILD-VEHICLE MILES TRAVELED (VMT) THRESHOLDS OF SIGNIFICANCE AND ASSOCIATED GUIDELINES UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND FINDING THAT ALTERNATIVELY IS SUBJECT TO AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the California Environmental Quality Act Guidelines (CEQA Guidelines) WHEREAS, CEQA Guidelines Section 15064.7(a) defines a threshold of significance as effect, noncompliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less ; WHEREAS, CEQA Guidelines Section 15064.7(b) requires that thresholds of significance must be adopted by ordinance, resolution, rule, or regulations, developed through a public review process, and be supported by substantial evidence; WHEREAS, pursuant to CEQA Guidelines Section 15064.7(c), when adopting thresholds of significance, a public agency may consider thresholds of significance adopted or recommended by other public agencies provided that the decision of the agency is supported by substantial evidence; WHEREAS, Senate Bill 743, enacted in 2013 and codified in Public Resources Code Section 21099, required changes to the CEQA Guidelines regarding the criteria for determining the significance of transportation impacts of projects; WHEREAS, Office of Planning and Research (OPR) proposed, and the California Natural Resources Agency certified and adopted, new CEQA Guidelines Section 15064.3 that identifies vehicle miles traveled (VMT) meaning the amount and distance of automobile travel attributable to a project as the most appropriate metric to evaluate a WHEREAS, as a result, automobile delay, as measured by level of service (LOS) and other similar metrics, will generally no longer constitute a significant traffic environmental effect Attachment: CED.VMT Thresholds of Significance.A1.Resolution (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) under CEQA; Packet Pg. 278 9.a Resolution No. 2020-191 WHEREAS, CEQA Guidelines Section 15064.3 requires agencies to stop treating automobile delay/LOS as an environmental traffic impact effective on July 1, 2020, though public agencies may elect to be governed by this section immediately; WHEREAS, the City of San Bernardino, following a public review process consisting of staff presentations before the Planning Commission and the Mayor and City Council, wishes to adopt the VMT Thresholds of Significance and Associated Guidelines for determining the significance of transportation impacts that are recommended in an analysis conducted by the San Bernardino County Transportation Authority on behalf of its member jurisdictions; WHEREAS, pursuant to the requirements of CEQA, the Planning Division of the Community and Economic Development Department evaluated the VMT Thresholds of Significance and Associated Guidelines and determined that their adoption is not a CEQA alternatively, are exempt from environmental review because it can be seen with certainty that their adoption will not result in significant effects on the environment pursuant to Section 15061(b)(3) (Review for Exemption) of the State CEQA Guidelines; - - - - - Attachment: CED.VMT Thresholds of Significance.A1.Resolution (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) Packet Pg. 279 9.a Resolution No. 2020-191 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby adopts General Plan Build-and Associated Guidelines for Vehicle Miles Traveled (VMT) in a manner consistent with CEQA, attached hereto as Exhibit A and Exhibit B, respectively. SECTION 3. The Mayor and City Council has reviewed and considered the information contained in the administrative record for the Vehicle Miles Traveled (VMT) Thresholds of Significance and Associated Guidelines. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council hereby finds, as follows: (1) The administrative record has been completed in compliance with the California Environmental Quality Act (CE Guidelines; (2) The proposed action is not subject to the requirements of the California Environmental Quality Act (CEQA) because the adoption of the CEQA Vehicle Miles Traveled (VMT) Thresholds of Significance and Associated Guidelines environmental review and, alternatively, is exempt from environmental review because it can be seen with certainty that their adoption will not result in significant effects on the environment pursuant to Section 15061(b)(3) (Review for Exemption) of the State CEQA Guidelines; and (3) The determination of CEQA exemption reflects the independent judgment of the Mayor and City Council. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. Attachment: CED.VMT Thresholds of Significance.A1.Resolution (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) Packet Pg. 280 9.a Resolution No. 2020-191 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________, 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, Acting City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney Attachment: CED.VMT Thresholds of Significance.A1.Resolution (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) Packet Pg. 281 9.a Resolution No. 2020-191 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. _____________________________________ Genoveva Rocha, CMC, Acting City Clerk Attachment: CED.VMT Thresholds of Significance.A1.Resolution (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) Packet Pg. 282 9.b Exhibit A Table 1 VMT Impact Thresholds Methods Project Threshold Cumulative Threshold Land Use Plans (such as General Plans and Specific Plans) A significant impact would A significant impact would occur if the San Bernardino Traffic Analysis occur if the project VMT/SP project caused total daily VMT within the Model (SBTAM) forecast of (for the land use plan) City to be higher than the no project total daily VMT/SP. exceeds the Citywide General alternative under cumulative conditions. - To capture project effect, Plan Build-out average the same cumulative year VMT/SP. population and employment growth totals should be used. The land use allocation. NA A significant impact would occur if the Consistency check with SCAG project is determined to be inconsistent with RTP/SCS. the RTP/SCS. - Is the proposed project within the growth projections in the RTP/SCS? Land Use Projects Presumed less than significant Project presumption applies under Transit Priority Area (TPA) VMT impact for projects cumulative conditions as long as project is screening. located in TPAs. consistent with SCAG RTP/SCS. Presumed less than significant Project presumption applies under Low VMT area screening. VMT impact for projects cumulative conditions as long as project is located in low VMT generating consistent with SCAG RTP/SCS. model traffic analysis zones (TAZs). These TAZs generate total daily VMT/SP that is 15% less than the baseline level for the County. Local serving retail projects Project presumption applies under Project type screening. cumulative conditions as long as project is Advisory less than 50,000 consistent with SCAG RTP/SCS. square feet) and neighborhood schools are presumed to have a less than significant VMT impact. Projects that generate less than 110 daily trips do not require VMT analysis. A significant impact would A significant impact would occur if the VMT analysis using SBTAM occur if the project VMT/ SP project is determined to be inconsistent with forecast of total daily VMT/SP. exceeds the Citywide General the RTP/SCS. Plan Build-out average VMT/SP. A significant impact would occur if the project causes total daily VMT within the City to be higher than the no project alternative under cumulative conditions. This analysis should be performed using the Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit A (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) Packet Pg. 283 9.b Table 1 VMT Impact Thresholds Methods Project Threshold Cumulative Threshold Transportation Projects (thresholds may apply for SB 743 or GHG purposes) A significant impact would A significant impact would occur if the SBTAM forecast of total 1 occur if the project increased project caused total daily VMT within the citywide daily VMT the baseline VMT within the City to be higher than the no build City. alternative under cumulative conditions. NA A significant impact would occur if the Consistency check with SCAG project is determined to be inconsistent with RTP/SCS the RTP/SCS. 1 It is recommended that SBTAM is used to develop VMT estimates for transportation project impact assessment. However, the analyst must verify the model results for sensitivity to changes in VMT. Alternatively, if the model is not dee-mile elasticity and its relationship to VMT can be referenced. Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit A (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) Packet Pg. 284 9.c City of San Bernardino Traffic Impact Analysis Guidelines July 2020 Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 1 Packet Pg. 285 9.c Table of Contents Background Error! Bookmark not defined. Background Information ................................................................................................................................................... 4 Guidelines Organization.................................................................................................................................................... 6 Introduction Error! Bookmark not defined. CEQA Changes ......................................................................................................... Error! Bookmark not defined. Need for Level of Service Analysis 7 CEQA Assessment - VMT Analysis 20 Analysis Methodology .....................................................................................................................................................21 CEQA VMT Impact Thresholds .....................................................................................................................................25 VMT Mitigation Measures ..............................................................................................................................................26 CEQA Assessment - Active Transportation and Public Transit Analysis 28 Transportation Impact Analysis Format ....................................................................................................................30 Attachments 33 Detailed VMT Forecasting Information .....................................................................................................................34 Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 2 Packet Pg. 286 9.c San Bernardino TIA Guidelines June 2020 Introduction Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 3 Packet Pg. 287 9.c San Bernardino TIA Guidelines June 2020 One of the fundamental roles of government agencies is the construction and maintenance of public infrastructure facilities including roadways, rail and bus facilities, bicycle and pedestrian infrastructure, water lines, sanitary sewer lines, stormwater treatment facilities, parks, and other public facilities. When private development occurs, it is the responsibility of government to ensure that there are adequate public facilities to serve incremental population and employment growth. For the transportation system, one way to address this issue is the preparation of a Traffic Impact Analysis (TIA). For the past several decades, the preparation of a TIA was integrated into the CEQA process, in s under CEQA. However, with the passage of SB 743, changes to the TIA process are necessary. Specifically, a TIA may be needed as a stand-alone document which is a requirement of project approval and will include information for the decision makers that is not required as part of the CEQA process. The purpose of Transportation Impact Analysis (TIA) Guidelines is to provide general instructions for analyzing the potential transportation impacts of proposed development projects. These guidelines present the recommended format and methodology that should generally be utilized in the preparation of TIAs. These recommendations are general guidelines and the City has the discretion to modify the TIA requirements based on the unique characteristics of a particular project. Background Information SB 743, signed by the Governor in 2013, is changing the way transportation impacts are identified. Specifically, the legislation has directed the Office of Planning and Research (OPR) to look at different metrics for identifying transportation as a CEQA impact. The Final OPR guidelines were released in December 2018 and identified vehicle miles of travel (VMT) as the preferred metric moving forward. The Natural Resources Agency completed the rule making process to modify the CEQA guidelines in December of 2018. The CEQA Guidelines identify that, by July of 2020 all lead agencies must use VMT as the new transportation metric for identifying impacts for land use project. In anticipation of the change to VMT, the City of San Bernardino recently completed a SB 743 Implementation Study in partnership with SBCTA in support of agencies throughout the county. This regional approach focuses on important implementation questions about the methodology, thresholds, and mitigation approaches for VMT impact analysis. The regional approach includes the following main components. Thresholds Evaluation Memorandum Potential thresholds agencies could consider when establishing thresholds of significance for VMT assessment Sample Projects Memorandum Types of VMT that could be considered for impact assessment and how project assessment could be performed. Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 4 Packet Pg. 288 9.c San Bernardino TIA Guidelines June 2020 Tools Evaluation Memorandum Types of tools that could be used to estimate VMT and the pros/cons associated with each tool Mitigation Memorandum Types of mitigation that can be considered for VMT VMT Screening Tool An on-line GIS tool that can be used for VMT screening. This tool is currently under development but will be available for all SBCTA member agencies to use. As noted in CEQA Guidelines Section 15064.7(b) below, lead agencies are encouraged to formally adopt their significance thresholds and this is key part of the SB 743 implementation process. (b) 9ğĭŷ ƦǒĬƌźĭ ğŭĻƓĭǤ źƭ ĻƓĭƚǒƩğŭĻķ Ʒƚ ķĻǝĻƌƚƦ ğƓķ ƦǒĬƌźƭŷ ƷŷƩĻƭŷƚƌķƭ ƚŅ ƭźŭƓźŅźĭğƓĭĻ ƷŷğƷ ƷŷĻ ğŭĻƓĭǤ ǒƭĻƭ źƓ ƷŷĻ ķĻƷĻƩƒźƓğƷźƚƓ ƚŅ ƷŷĻ ƭźŭƓźŅźĭğƓĭĻ ƚŅ ĻƓǝźƩƚƓƒĻƓƷğƌ ĻŅŅĻĭƷƭ͵ ŷƩĻƭŷƚƌķƭ ƚŅ ƭźŭƓźŅźĭğƓĭĻ Ʒƚ ĬĻ ğķƚƦƷĻķ ƩĻƭƚƌǒƷźƚƓͲ ƩǒƌĻͲ ƚƩ ƩĻŭǒƌğƷźƚƓͲ ğƓķ ķĻǝĻƌƚƦĻķ ƷŷƩƚǒŭŷ ğ ƦǒĬƌźĭ ƩĻǝźĻǞ ƦƩƚĭĻƭƭ ğƓķ ĬĻ ƭǒƦƦƚƩƷĻķ ĬǤ ƭǒĬƭƷğƓƷźğƌ ĻǝźķĻƓĭĻ͵ \[Ļğķ ğŭĻƓĭźĻƭ ƒğǤ ğƌƭƚ ǒƭĻ ƷŷƩĻƭŷƚƌķƭ ƚƓ ğ ĭğƭĻΏĬǤΏĭğƭĻ Ĭğƭźƭ ğƭ ƦƩƚǝźķĻķ źƓ {ĻĭƷźƚƓ ЊЎЉЏЍΛĬΜΛЋΜ͵ Is Level of Service (LOS) Still Important? The City has adopted vehicle LOS policies that set standards for which local agency infrastructure will strive to maintain. These policies are contained in the General Plan and therefore apply to discretionary approvals of new land use and transportation projects. Therefore, these guidelines also include instructions for vehicle LOS analysis consistent with General Plan requirements. The LOS guidelines are largely based on the SBCTA Congestion Management Plan (CMP) guidelines that were updated in 2016 and reflect state of the practice. CEQA Changes Since the last CMP TIA Guidelines update, SB 743 was finalized through the rule making process. A key element of this law is the elimination of auto delay, level of service (LOS), and other similar measures of vehicular capacity or traffic congestion as a basis for determining significant impacts. This change is intended to assist in balancing the needs of congestion management with statewide goals related to infill development, promotion of public health through active transportation, and reduction of greenhouse gas emissions. SB 743 contains amendments to current congestion management law that allows cities and counties to effectively opt-out of the LOS standards that would otherwise apply in areas where Congestion Management Plans (CMPs) are still used (including San Bernardino County). Further, Guidelines and establish criteria for determining the significance of transportation impacts. In December 2018, OPR released their final recommended guidelines based on feedback with the public, public agencies, and various organizations and individuals. OPR recommended Vehicle Miles Traveled (VMT) as the most appropriate measure of project transportation impacts for land use projects and land use plans. For transportation projects, lead agencies may select their own preferred metric but must support their decision with substantial evidence that complies with Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 5 Packet Pg. 289 9.c San Bernardino TIA Guidelines June 2020 CEQA expectations. SB 743 does not prevent a city or county from continuing to analyze delay or LOS outside of CEQA review for other transportation planning or analysis purposes (i.e., general plans, impact fee programs, corridor studies, congestion mitigation, or ongoing network monitoring); but these metrics may no longer constitute the sole basis for CEQA impacts. These updated TIA Guidelines have been designed to comply with the new CEQA Guidelines y. Guidelines Organization The remainder of this guidelines document is organized as follows. We have attempted to organize this memorandum to provide background information, assessment for congestion management/ General Plan Consistency (e.g. LOS analysis), and CEQA assessment (e.g. VMT analysis). 1. Introduction 2. Need for Level of Service Analysis 3. CEQA Assessment - VMT Analysis 4. CEQA Assessment - Active Transportation and Public Transit Analysis 5. Transportation Impact Analysis Format Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 6 Packet Pg. 290 9.c San Bernardino TIA Guidelines June 2020 Need for Level of Service Analysis Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 7 Packet Pg. 291 9.c San Bernardino TIA Guidelines June 2020 These guidelines describe the key elements required for preparing Traffic Impact Analysis Reports (TIA Reports) consistent with the countywide goals toward the Congestion Management Program (CMP) in San Bernardino County. TIA Reports shall be prepared by applicants for land use projects when local criteria and thresholds indicate they are necessary. However, TIA Reports must be prepared to satisfy CMP requirements, when a proposed change in land use, development project, or at local discretion, a group of projects are forecast to equal or exceed the CMP threshold of 250 two-way peak hour trips generated, based on trip generation rates published for the applicable use or uses in the Institute of Transportation Engineers' Trip Generation or other CMA-approved data source. Pass- by trips shall not be considered in the threshold determination. However, industrial, warehousing (although, for intersection assessment, the report could appropriately adjust the highway capacity manual capacity factors to reflect the increase in heavy vehicles). A TIA which includes LOS analysis shall be required for a proposed project that meets any of the following criteria: When either the AM or PM peak hour trip generation is expected to exceed 100 vehicle trips from the proposed development. Projects that will add 51 or more trips during either the AM or PM peak hours to any intersection. Any project where variations from the standards and guidelines provided in this manual are being proposed. When determined by the City Traffic Engineer that existing or proposed traffic conditions in the project vicinity have unique characteristics that warrant evaluation. TIA Report Content for Level of Service Analysis The TIA Report may be contained within other similar documents (e.g. an EIR prepared under CEQA), or it may be an independent document. The intent is to address all CMP concerns without duplication of other work. In some jurisdictions, the TIA Report may be prepared by the developer or developer's consultant. In other jurisdictions, the TIA Report may be prepared by the jurisdiction or jurisdiction's consultant. In either case, it is in the interest of all parties that the participants fully understand and come to agreement on the assumptions and methodology prior to conducting the actual analysis. This is particularly important when considering using assumptions that vary from the norm. The City may request a meeting with the developer and/or preparer of the TIA Report to discuss the methodology prior to the initiation of work on the analysis. A meeting with the CMA and/or Caltrans, where applicable, is also encouraged to address issues associated with large or extraordinary projects. The following outline and commentary represent the recommended structure for the TIA Report. Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 8 Packet Pg. 292 9.c San Bernardino TIA Guidelines June 2020 I. Introduction Set the stage for the analysis, providing background information necessary for the unfamiliar reader to understand the magnitude of the project, location of the project and special characteristics. Project, general plan, or specific plan description The description must include project size by land use type, location of project, approximate location of proposed access points to the local and regional roadway system and movements from adjacent streets allowed into and out of the project. This should be shown in a site diagram. Special characteristics of the site, such as unusual daily or seasonal peaking characteristics or heavy involvement of truck traffic, should be mentioned. If the description is included in another part of a more comprehensive document, that is acceptable. Analysis methodology Provide a general description (overview) of the process used to analyze the project. Analysis years should be specified and the approach to the modeling/traffic forecasting process should be explained. The sources of information should be identified. The study area and method for LOS analysis for the various roadway types should be identified. At a minimum, the study area must include all freeway links with 100 or more peak-hour project trips (two-way) and other CMP roadways with 50 or more peak-hour project trips (two-way). The study area does not end with a city or county boundary. The study area is defined by the magnitude of project trips alone. In most cases, the analysis need not extend more than five miles beyond the project site, even if there are more than 50 project trips on an arterial and 100 project trips on a freeway. However, analysis of projects in isolated areas with few access routes should be continued until the 100 or 50-trip threshold is met. Within the defined study area, all "key intersections," as listed in the most current CMP, must be analyzed. Key intersections represent intersections of CMP roadways plus those additional intersections recognized by local jurisdictions and/or SBCTA to be important to mobility on CMP roadways. At a minimum, key intersections will include signalized intersections operating at LOS D or below. The distribution of traffic must be shown for all roadways on which project trips occur (except those for internal circulation), whether or not they are on the CMP network. The analysis of traffic operations and LOS is to be provided for the following conditions and is to include an assessment of required traffic improvements for project opening day and future conditions. 1. Existing conditions the conditions at the time of TIA preparation without the inclusion of the project generated trips. Existing deficiencies should be identified, but analysis of improvements is not required. The existing conditions analysis must include the full project effect area as defined above. Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 9 Packet Pg. 293 9.c San Bernardino TIA Guidelines June 2020 2. Project opening day conditions - the conditions on the opening day of the project for two scenarios: 1) excluding the project traffic and 2) including the project traffic. Assume full trip generation effect of the site. Full improvement analysis is to be performed for project opening day conditions. If it is deemed more appropriate because of the nature of the project, another intermediate scenario may be included to focus on the access requirements and/or immediate area surrounding the project, subject to a request by the City of San Bernardino. The methodology used for distribution of project traffic at project opening day conditions is at the discretion of the City. 3. Future conditions - the conditions for two model forecast year scenarios: 1) excluding the project traffic and 2) including the project traffic. Full improvement analysis is to be performed for future conditions. In addition, a staging analysis of improvements may be required for large projects constructed over a long time period. The need for a staging analysis will be determined by the City. The analysis of the project opening day and future condition shall be based on, at a minimum, the PM peak-hour of the adjacent street traffic. An analysis of the AM peak-hour of the adjacent street traffic is also required for developments containing residential land uses and may be required for other types of development at local discretion. Analysis may be required for peak- hours other than the AM and PM peak for some land uses. This determination will be made by the local jurisdiction. The peak traffic generation hour of the development, if different from peak AM and PM hours, must also be identified and the total vehicle trips during the peak-hour of the generator must be estimated. This will facilitate a decision regarding the need to evaluate time periods other than the peak-hours of the adjacent streets. II. Existing conditions Existing roadway system Provide a map and brief written description of the roadway network. The number and type of lanes on freeways, principal arterials and other affected roadways should be identified. Signalized intersections and plans for signalization should be identified. The existing number of lanes at key CMP intersections should be clearly identified on a graphic or in conjunction with the LOS analysis output. Maps of the CMP network are available in the Congestion Management Program documentation, available from the CMA. Also describe the relevant portions of the future network as specified with officially approved funding sources. Existing volumes Existing average weekday daily traffic (AWDT) should be identified for the CMP links in the study area. Historic volume growth trends in the study area should be shown. Consult the local jurisdiction, Caltrans and San Bernardino County for additional information. Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 10 Packet Pg. 294 9.c San Bernardino TIA Guidelines June 2020 Existing LOS A LOS analysis must be conducted on all existing segments and intersections on the CMP network potentially affected by the project or plan (as defined by the thresholds in Section I. B). Urban segments (i.e., segments on roadways that are generally signalized with spacing less than 2 miles) do not require segment analysis. Segment requirements can normally be determined by the analysis of lane requirements at intersections. Freeway mainline must be analyzed and ramp/weaving analysis may be required at local discretion, if a ramp or weaving problem is anticipated. Several software packages are available for conducting LOS analysis for signalized intersections, freeways and other types of roadways. The software package and version used must be identified. Normally, the existing LOS analysis for intersections will be run using optimized signal timing, since the future analysis will normally need to be run using optimized timing. Signal timing optimization should consider pedestrian safety and signal coordination requirements. Minimum times should be no less than 10 seconds. Saturation flow rates are considered as average field measured saturation flow rates and in no case shall the adjusted saturation flow rates of the 2000 Highway Capacity Software be allowed to go lower than the specified saturation flow rates listed on page C-13 of the CMP, when field data are not available. However, there shall be no restriction on minimum saturation flow rates if actual saturation flow rates are available. Default lost time is two seconds per phase and a clearance signal time of three seconds. Without local data to show otherwise, a peak-hour factor of 0.95 may be assumed for existing and full generation scenarios. Variations from these values must be documented and justified. LOS analyses should be field-verified so that the results are reasonably consistent with observation and errors in the analysis are more likely to be caught. A brief commentary on existing problem areas must be included in this section, bringing existing problems to the attention of the readers. Only project opening day and future scenarios with project require that traffic operational problems be addressed to provide LOS E or better operation. If the lead agency or an affected adjacent jurisdiction requires improvements to a higher LOS, this takes precedence over the CMP requirements. The LOS threshold for State highway facilities will be the same as the jurisdiction where the facility is located but no greater than a 45 second average delay per vehicle in the peak recommends that the lead agency consult with Caltrans to determine the appropriate target LOS. If an existing State highway facility is operating at less than the appropriate target LOS, the existing LOS should be maintained. Related general plan issues The relationship to the general plan may be identified. This section should provide general background information from the Traffic Circulation Element of the General Plan, including plans for the ultimate number of lanes, new roadways planned for the future and other information that Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 11 Packet Pg. 295 9.c San Bernardino TIA Guidelines June 2020 provides a context for how the proposed project interrelates with the future planned transportation system. III. Future conditions Traffic forecasts One of the primary products of the TIA is the comparison of future traffic conditions with and without the project. The primary forecasts will be for the CMP forecast year (consult the CMA for the most currently applicable forecast years). If a project is phased over a development period past the CMP forecast year, a buildout forecast with forecast background traffic must also be provided. There are two components of the forecast that need to be considered: background traffic and project traffic. Acceptable methodologies for these forecasts are described below. Project Traffic Forecasts Two basic alternatives are available for forecasting project traffic: Manual method - Generate project trips using rates from the ITE Trip Generation report. Distribute and assign the trips based on the location of the project relative to the remainder of the urban area and on the type of land use. Rather than relying on pure judgment to develop the distribution of project traffic, the future year CMP model select zone needs to be obtained from SCAG to determine the distribution pattern. The percentage distribution should be reasonably related to the location of and the number of trips generated by zones surrounding the project. Computer-assisted trip distribution and assignment methods may be used as long as they reasonably represent the travel characteristics of the area in which the project is located. It should be noted that the model does not forecast project trucks. Therefore, distribution needs to be made in a reasonable manner. Use of local model - Create a zone or zones that represent the project (if not already contained in the local model). The CMP model may be used if new zones are created to represent the project (it is unlikely that the CMP model will already have zones small enough to represent the project). The zone or zones should include the exact representation of driveway locations with centroid connectors. It is important that the driveway representations be exact to produce acceptable turning movement volumes. Some adjustments to the turning movement volumes may be needed, depending on the adequacy of this representation. The above methodologies may produce different results, both in the generation of trips and the distribution of trips. However, both methods will have application, depending on the jurisdiction and on the type and size of project. It should be noted that a model select zone run shall be used for distribution and ITE trip generation rates for project trips. Background Traffic Forecasts Background traffic refers to all traffic other than the traffic associated with the project itself. The background traffic shall include intersection turning movement and segment truck volumes by Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 12 Packet Pg. 296 9.c San Bernardino TIA Guidelines June 2020 classification (converted to PCE's) as shown on page C-12 on arterial streets of the CMP, interchange ramps and mainline freeway lanes. Future scenarios shall use the truck model (converted to PCEs) or 150 percent of the existing truck volume for arterials and freeway ramps and 160 percent for mainline freeway lanes in a special generator area such as found in the City of Fontana (between I-15 and Citrus Avenue and between San Bernardino Avenue and Jurupa Avenue). Several alternatives for forecasting background traffic are: For project opening day analysis - Use accepted growth rates provided by the jurisdictions in which the analysis is to take place. Each jurisdiction's growth rates should be used for intersections and segments within that jurisdiction. A table of growth rates may be available from the jurisdictions. For horizon year - The traffic passenger vehicle and truck classification (in PCEs) models will provide the needed forecasts and if requested, passenger vehicle background plus project forecasts. Local models may also be used to generate intersection and segment forecasts, if a traffic refinement process is properly applied to maximize the quality and reasonableness of the forecasts. Alternatively, the CMP model may be used to generate growth factors by subarea, which may be applied to existing intersection and segment volumes. The separate forecasting of background traffic by each TIA Report preparer is redundant, will only create conflict among reports and should be avoided by the city/county providing an acceptable background forecast for use by all TIA Report preparers. Ideally, cities and/or the County should establish the background forecasts annually for use by project applicants. Until the city/county is in a position to produce these forecasts on a routine basis, they may wish to use the results of the background forecasts from prior acceptable TIA Reports as the basis for background forecasts for other TIA Reports. The availability of such forecasts should be established before initiating the preparation of a TIA Report. If the CMP model is being used as the basis for the forecast, assume that the project is not included in the CMP model forecast (unless it can be definitively proven otherwise). If a local model is being used, the background traffic will be derived by subtracting the project traffic from the forecast where the project is already represented in the model. Where the project is not represented in the model, the background traffic can be directly derived from the model (with appropriate refinement to maintain quality and reasonableness of the forecasts). A Note on Methodology for General Plans and Specific Plans: In the case of analysis of general plan revisions/updates or specific plans, the same approach is applied as above. However, the "project" to be analyzed shall consist of the proposed land use. For threshold determination use the difference between the previously approved general plan and the proposed revision to the general plan. Unless otherwise agreed by the City, the analysis must assume the maximum intensity of land uses allowed (i.e., worst case) on the parcels to which the revision applies. All new specific plans must be analyzed based on worst case assumptions. Although general plans may not identify specific access locations, the analysis must assume access locations that are reasonable, based on the location and size of the plan. Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 13 Packet Pg. 297 9.c San Bernardino TIA Guidelines June 2020 A. Traffic added by project, general plan revision/update, or specific plan The methods for generating and distributing project trips must be consistent with the appropriate methodology listed above. The total number of trips generated by the project must be specified by land use. The source of the trip generation rates must be documented. Project trips (inbound and outbound) must be identified on a graphic map for both the peak hour or hours being studied. Any assumed reductions in trip generation rates, such as internal trips and transit/TDM reductions must be documented. Pass-by trips may be allowed only for retail uses and fast-food restaurants. The pass-by and internal trip percentages and methodology must be consistent with the estimates and methodology contained in the latest ITE Trip Generation handbook. The internal trip percentage must be justified by having a mixed-use development of sufficient size. In special cases, larger reductions may be allowed; but these must be documented and justified. Reductions for transit or TDM must be accompanied by an explanation of how the strategies will actually be implemented and may require a monitoring program. Industrial and warehouse truck uses must also show the estimated number and distribution of eneration rates and truck percentages applied in traffic impact analyses for industrial and warehouse (including - rrent and relevant studies and shall be approved by the City. B. Transit and TDM considerations Transit and travel demand management strategies are a consideration in many development projects. Requirements within each jurisdiction are contained in the local TDM ordinance, to be adopted by each local jurisdiction as part of the CMP requirements. Examples of items to include are location of transit stops in relationship to the proposed project, designation of ridesharing coordinator, posting of information on transit routes and ridesharing information, provision of transit passes, etc. C. Traffic model forecasts Provide a map showing link volumes by direction. All CMP arterial links with 50 or more peak- hour project trips (two-way) and freeway links with 100 or more peak-hour project trips (two- way) must be shown. The factor to derive a peak-hour from the three-hour AM peak period is 0.38. The factor to derive a peak-hour from the four-hour PM peak is 0.28. All model forecasts shall be post processed. Appendix E in the CMP documentation contains guidelines for model post processing. D. Future LOS Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 14 Packet Pg. 298 9.c San Bernardino TIA Guidelines June 2020 Compute levels of service for CMP segments and intersections based on the procedures in the latest Highway Capacity Manual. Refer to the procedures adopted in Chapter 2 of the CMP and the assumptions specified in section II.C of this appendix. Copies of the volumes, intersection geometry, capacity analysis worksheets and all relevant assumptions must be included as appendices to the TIA Report. It should be noted that the v/c ratio and implied LOS that can be output by travel demand models are different from the LOS analysis prescribed in this section. The capacities used in the model are not typically the same capacities as used in the capacity analysis. Intersections and segments on State highway facilities should be analyzed as a coordinated system. Left turn, through and right turn lane queuing analysis is highly desirable to validate an intersection's LOS. This more detailed analysis is meant to ensure the various movements do not overflow and impede adjacent movements and is left to the discretion of the City. E. Description of projected LOS problems Identify resulting levels of service for intersections and segments, as appropriate, on a map for applicable peak-hours. Describe in the text the nature of expected LOS problems. Describe any other effects that the project may also have on the CMP roadway network, particularly access requirements. F. Project contribution to total new volumes (forecast minus existing) on analyzed links Compute the ratio of traffic generated by the proposed development to the total new traffic (including project traffic) generated between the existing condition and forecast year for each analyzed link or intersection. The purpose of this calculation is to identify the proportion of volume increase that can be attributed to the proposed project. This will be a necessary component of any deficiency plans prepared under the CMP at a later date. The calculations are to be conducted for all applicable peak hours. The results may be shown on a map or in a table by percentages to the nearest tenth of a percent. IV. Project Deficiencies. The improvement of project deficiencies is designed to identify potential LOS problems and to address them before they occur. This will also provide a framework for negotiations between the local jurisdiction and the project developer. The CMA will not be involved in these negotiations unless requested by a local jurisdiction. Deficiencies beyond the boundaries of the jurisdiction must be identified in the same fashion as effects within the jurisdictional boundary. Affected local agencies outside the boundary will be provided an opportunity for review of the TIA Report. Negotiations with these outside jurisdictions and with Caltrans are a possible outcome, depending on the magnitude and nature of the effects. For the CMP, the improvements must bring the roadway into conformance with the LOS standards established for the CMP. However, local agencies may require conformance to higher standards, and these must be considered in consultation with the local jurisdiction. Measures to Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 15 Packet Pg. 299 9.c San Bernardino TIA Guidelines June 2020 address local needs that are independent from the CMP network should be included in the TIA Report for continuity purposes. Consult the local jurisdiction to determine requirements which may be beyond the requirements of the CMP. The information required in this part of the TIA Report is described below. Other transportation improvements already programmed and fully funded Only transportation improvements that are fully funded should be assumed in forecast. Roadway improvements needed to maintain CMP LOS standard These should include an evaluation of intersection turn lanes, signalization, signal coordination and link lane additions, at a minimum. If a freeway is involved, lane requirements and ramp treatments to solve LOS deficiencies must be examined. Prior studies on the same sections may be furnished to the preparer of the TIA and such studies may be referenced if they do, in fact, provide the necessary improvement for the proposed project. However, the calculation of percentage of contribution of the project to the growth in traffic must still be provided for the appropriate peak-hours, as described earlier. If the physical or environmental constraints make improvements unlikely, then the contribution may be used to improve LOS elsewhere on the system or another location that would relieve the effect. The point of referencing a previously conducted study is to avoid unnecessary duplication of effort on the same sections of roadway. Copies of previously conducted relevant studies in the area may be obtained from the local jurisdictions or the CMA, including any plans resulting from the annual modeling runs for the CMP. Other improvements needed to maintain the LOS standard In some cases, additional transit and TDM strategies beyond what was in the original assumptions may be necessary to provide an adequate LOS. These must be described and the method for implementation must be discussed. LOS with improvements The LOS with improvements must be computed and shown on a map or table along with the traffic LOS without improvements. Delay values, freeway volume/capacity ratios, or other measures of LOS must be included in the results (could be in an appendix) along with the letter designation. Cost estimates The costs of improving deficiencies must be estimated for deficiencies that occur either within or outside the boundaries of the jurisdiction. The costs must be identified separately for each jurisdiction and for Caltrans roadways. Prior studies and cost estimates by SANBAG, Caltrans and other jurisdictions may be referenced. Used together with the analysis conducted in Section III.G, this will provide an approximation of project contribution to the needed improvements. This estimate is prepared for discussion purposes with the local jurisdiction and with neighboring Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 16 Packet Pg. 300 9.c San Bernardino TIA Guidelines June 2020 jurisdictions and Caltrans. It does not imply any legal responsibility or formula for contributions to improvements. If an improvement is identified as necessary to bring a deficiency into conformance with the LOS standard, but physical or environmental constraints make the improvement impractical, an equivalent contribution should be considered to improve the LOS elsewhere on the system or another location providing direct relief. F. Relationship to other elements While the measures required to address air quality problems are not required for the TIA Report, they may be required as part of a CEQA review. The TIA Report may be integrated with environmental documents prepared for CEQA requirements. This is at the discretion of the local jurisdiction. V. Conclusions and recommendations Summary of proposed improvements and costs Provide a summary of the deficiencies, proposed improvements and the costs of the improvements. A cost estimate for the proposed improvements must be included. Generalized unit costs will be available from either Caltrans or the local jurisdiction. The source of the unit cost estimates used must be specified in the TIA Report. Other recommendations List any other recommendations that should be brought to the attention of the local jurisdiction, the CMA, or Caltrans. This may include anticipated problems beyond the forecast year or on portions of the network not analyzed. Summary List of Typical Figures and Tables to Be Included in a TIA Report: Project location and 5-mile limit study area (map) Project size by land use (table) Trips generated by land use for AM and PM weekday peak-hours of adjacent street traffic and for daily traffic inbound and outbound (table) and other applicable peak- hours List of other planned transportation improvements affecting the project Existing intersection and link volumes and levels of service (map) Distribution and assignment of project trips (map) Forecast traffic without project and with project for applicable peak-hours (map or table) LOS wiaddress project opening day and forecast year scenario effects (map and/or table) Ratio of project traffic to new traffic (new traffic means the difference between existing and forec jurisdiction and for Caltrans roadways Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 17 Packet Pg. 301 9.c San Bernardino TIA Guidelines June 2020 Summary of Analysis Assumptions for the TIA: LOS Analysis Procedures and Assumptions Intersections Current HCM operational analysis. Optimized signal timing/phasing for future signal analysis, unless assumed to be in a coordinated system, in which case estimated actual cycle length is used. The maximum cycle length for a single signalized intersection or system should be 130 seconds. 10 second minimum phase time, including change interval. (12 feet). "Required" solution if analysis by Webster. Exclusive right turn lane is assumed to exist if pavement is wide enough to permit a separate right turn, even if it is not striped. (Minimum 20' from curb line to lane stripe). 2 second lost time/phase. A full saturation flow rate can be assumed for an extra lane provided on the upstream of the intersection only if this lane also extends at least 600 feet downstream of the intersection (or to the next downstream intersection). PHF = 0.95 for future analysis. The lane utilization factor may also be set at 1.00 when the v/c ratio for the lane group approaches 1.0, as lanes tend to be more equally utilized in such situations. of 1.5. For medium duty trucks with 3 axles use a PCE of 2.0. For heavy duty trucks with 4 axles, use a PCE of 3.0. Industrial, warehousing and other Projects with high truck percentages should convert to When field saturation flow rates and any special intersection characteristics are not available, the following field adjusted saturation flow rates are recommended for analysis. Existing and Opening Day Scenarios Exclusive thru: 1,800 vehicles per hour green per lane (vphgpl) Exclusive left: 1,700 vphgpl Exclusive right: 1,800 vphgpl Future Scenarios Exclusive right: 1,900 vphgpl Exclusive double right: 1,800 vphgpl Exclusive double left: 1,700 vphgpl Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 18 Packet Pg. 302 9.c San Bernardino TIA Guidelines June 2020 Exclusive triple left: 1,600 vphgpl or less Note: Existing field saturation flow rates should be used if they are available and any special traffic or geometric characteristics should also be taken into account if known to affect traffic flow. Freeways Capacity of 2,200 vehicles/hour/lane (1,600/hr/lane/HOV) Use Caltrans truck percentages (includes trucks, buses and RV's) Peak-hour factor of 0.98 for congested areas and 0.95 for less congested areas Directional distribution of 55% and 45%, if using non-directional volumes from Caltrans volume book Design speed of 70 mph Stop Controlled Intersections Current HCM for 2-way and 4-way stops Project-Related Assumptions Use the latest ITE Trip Generation handbook for mixed use internal trip percentages. Higher percentages must be fully justified. Pass by trips - Retail uses and fast food restaurants only Use ITE procedures to estimate percentage For analysis at entry points into site, driveway volume is not reduced (i.e., trip generation rate is still the same). Rather, trips are redistributed based on the assumed prevalent directions of pass-by trips (see recommended ITE procedure). Reductions for transit or TDM are a maximum of 10% unless higher can be justified. Other If a new traffic generating development project (other than a single family residential unit) within a federally designated urbanized area abuts a state highway or abuts a highway that intersects a State highway within 500 feet of that intersection, the local jurisdiction in which the development occurs must notify Caltrans and the CMA. The TIA procedures will be reviewed biannually. Forward comments to the CMA. Industrial warehouse and truck projects may distribute only truck trips by hand. (Employee trip distribution shall be modeled.) or exceeds 1.0, even if the LOS defined by the delay value is above the defined LOS standard. All the computer-generated traffic forecasts need to be refined for use in TIA reports to provide the best estimate of future volumes possible. Traffic forecasts rns software available through SCAG or Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 19 Packet Pg. 303 9.c San Bernardino TIA Guidelines June 2020 another approved methodology. However, the post processing of turning movements is restricted to local models only. CEQA Assessment - VMT Analysis Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 20 Packet Pg. 304 9.c San Bernardino TIA Guidelines June 2020 A key element of SB 743, signed in 2013, is the elimination of automobile delay and LOS as the sole basis of determining CEQA impacts. The most recent CEQA guidelines, released in December 2018, recommend VMT as the most appropriate measure of project transportation impacts. However, SB 743 does not prevent a city or county from continuing to analyze delay or LOS as part of other plans (i.e., the General Plan), studies, or ongoing network monitoring. The following recommendations assist in determining VMT impact thresholds and mitigation TIAs. Analysis Methodology For purposes of SB 743 compliance, a VMT analysis should be conducted for land use projects as deemed necessary by the Engineering Services Department and would apply to projects that have the potential to increase the average VMT per service population (e.g., population plus employment) compared to the City boundary. Normalizing VMT per service population essentially provides a transportation efficiency metric that the analysis is based on. Using this efficiency metric allows the user to compare the project to the remainder of the City for purposes of identifying transportation impacts. Project Screening There are three types of screening that lead agencies can apply to effectively screen projects from project-level assessment. These screening steps are summarized below and the project needs only to satisfy one of the potential screening steps: Step 1: Transit Priority Area (TPA) Screening 1 Projects located within a TPA may be presumed to have a less than significant impact absent substantial evidence to the contrary. This presumption may NOT be appropriate if the project: 1. Has a Floor Area Ratio (FAR) of less than 0.75; 1 A TPA is defined as a half mile area around an existing major transit stop or an existing stop along a high quality transit corridor per the definitions below. Pub. Resources Code, § 21064.3 - a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. Pub. Resources Code, § 21155 - - corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 21 Packet Pg. 305 9.c San Bernardino TIA Guidelines June 2020 2. Includes more parking for use by residents, customers, or employees of the project than required by the City (if the City requires the project to supply parking); 3. Is inconsistent with the applicable Sustainable Communities Strategy (as determined by the lead agency, with input from the Metropolitan Planning Organization); or 4. Replaces affordable residential units with a smaller number of moderate- or high-income residential units. Step 2: Low VMT Area Screening Residential and office projects located within a low VMT-generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary. In addition, other employment-related and mixed-use land use projects may qualify for the use of screening if the project can reasonably be expected to generate VMT per resident, per worker, or per service population that is similar to the existing land uses in the low VMT area. A low VMT area is defined as an individual traffic analysis zone (TAZ) where total daily Origin/Destination VMT per service population is lower than the City average total daily Origin/Destination VMT per service population. To identify if the project is in a low VMT-generating area, the analyst may review the SBCTA screening tool and apply the appropriate threshold (identified later in this chapter) within the tool. Additionally, as noted above, the analyst must identify if the project is consistent with the 2 existing land use within that traffic analysis zone (TAZ) and use professional judgement to determine that there is nothing unique about the project that would otherwise be mis- represented utilizing the data from the travel demand model. The SBCTA screening tool can be accessed at the following location: https://devapps.fehrandpeers.com/sbctavmt/ Alternative data sources can be reviewed to further refine low- commercially available VMT data (e.g. big data). This data source could also be reviewed to determine if it is in a low VMT area instead of the SBCTA screening tool data. For low VMT screening to be satisfied, the analyst mush verify that the project land uses would not alter the existing built environment in such a way as to increase the rate or length of vehicle trips (e.g., the proposed project is consistent with existing land use in the area, the project would be expected to contribute VMT consistent with existing land use in the area, and the project would not significantly alter travel patterns in the area). 2 TAZs are geographic polygons similar to Census block groups used to represent areas of homogenous travel behavior. Service population is population plus employment. Used with VMT, it provides a normalized standard unit for comparison purposes while accounting for the population and/or employment in a given area. Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 22 Packet Pg. 306 9.c San Bernardino TIA Guidelines June 2020 Step 3: Project Type Screening Local serving retail projects less than 50,000 square feet may be presumed to have a less than significant impact absent substantial evidence to the contrary. Local serving retail generally improves the convenience of shopping close to home and has the effect of reducing vehicle travel. In addition to local serving retail, the following uses may, at the discretion of the City, be presumed to have a less than significant impact as their uses are often local serving in nature: Local parks Day care centers Local-serving retail uses less than 50,000 square feet, including: o Gas stations o Banks o Restaurants o Shopping Center Student housing projects on or adjacent to college campuses Local-serving assembly uses (places of worship, community organizations) Community institutions (Public libraries, fire stations, local government) Local serving community colleges that are consistent with the assumptions noted in the RTP/SCS Hotels (non-destination or resort; no banquet or special event space) 3 Affordable or supportive housing Assisted living facilities Senior housing (as defined by HUD) 4 Projects generating less than 110 daily vehicle trips o s: 11 single family housing units 3 The project must provide 100% of residential units as affordable or supportive housing 4 This threshold ties directly to the OPR technical advisory and notes that CEQA provides a categorical exemption for existing facilities, including additions to existing structures of up to 10,000 square feet, so long as the project is in an area where public infrastructure is available to allow for maximum planned development and the project is not in an environmentally sensitive area. (CEQA Guidelines, § 15301, subd. (e)(2).) Typical project types for which trip generation increases relatively linearly with building footprint (i.e., general office building, single tenant office building, office park, and business park) generate or attract an additional 110-124 trips per 10,000 square feet. Therefore, absent substantial evidence otherwise, it is reasonable to conclude that the addition of 110 or fewer trips could be considered not to lead to a significant impact. Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 23 Packet Pg. 307 9.c San Bernardino TIA Guidelines June 2020 16 multi-family, condominiums, or townhouse housing units 10,000 sq. ft. of office 5 15,000 sq. ft. of light industrial 7 63,000 sq. ft. of warehousing 7 79,000 sq. ft. of high cube transload and short-term storage warehouse -will be required users (employees, customers, visitors) would be existing within the community. As such, the , but the land use meets existing demand that would shorten the distance that residents, employees, customers, or visitors would otherwise travel. VMT Assessment for Non-Screened Development Projects not screened through the steps above or exempt under CEQA will be required to complete a VMT analysis and forecasting through the SBTAM model to determine if they have a significant VMT impact. This analysis is to TAZs) under the following scenarios: Baseline conditions - This data is already available in the web screening map. Baseline plus project for the project - The project land use would be added to the project TAZ or a separate TAZ would be created to contain the project land uses. A full base year model run would be performed and VMT changes would be isolated for the project TAZ and across the full model network. The model output must include reasonableness checks of the production and attraction balancing to ensure the project effect is accurately captured. If this scenario results in a less-than-significant impact, then additional cumulative scenario analysis may not be required (more information about this outcome can be found in the Thresholds Evaluation discussion later in this chapter). Cumulative no project - This data is available from SBCTA. Cumulative plus project - The project land use would either be added to the project TAZ or a separate TAZ would be created to contain the project land uses. The addition of project land uses should be accompanied by a reallocation of a similar amount of land use from other TAZs; especially if the proposed project is significant in size such that it would change other future developments. Land use projects will generally not change 5 Threshold may be higher depending on the tenant and the use of the site. This number was estimated Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 24 Packet Pg. 308 9.c San Bernardino TIA Guidelines June 2020 the cumulative no project control totals for population and employment growth. Instead, they will influence the land use supply through changes in general plan land use designations and zoning. If project land uses are simply added to the cumulative no project scenario, then the analysis should reflect this limitation in the methodology and The model output should include total VMT, which includes all vehicle trips and trip purposes, and VMT per service population (population plus employment). Total VMT (by speed bin) is needed as an input for air quality, greenhouse gas (GHG), and energy impact analysis while total VMT per 6 service population is recommended for transportation impact analysis. will summarize two types of VMT: (1) project generated VMT per service population and comparing it back to the appropriate benchmark noted in the thresholds of significance, and (2) the project effect on VMT, comparing how the project changes 7 VMT on the network looking at Citywide VMT per service population or a sub-regional VMT per service population and comparing it to the no project condition. The analyst should clearly document the VMT methods used for the project-generated VMT and the project effect on VMT. Project-generated VMT shall be extracted from the travel demand forecasting model using the origin-destination trip matrix and shall multiply that matrix by the final assignment skims. The project-effect on VMT shall be estimated using a sub-regional boundary (such as a City limit or County line) and extracting the total link-level VMT for both the no project and with project condition. A detailed description of this process is attached to these guidelines. CEQA VMT Impact Thresholds The City of San Bernardino has selected a threshold based on the baseline VMT performance in the City. 7 The VMT produced for the air quality, greenhouse gas (GHG), and energy impact analysis should use the same methodology (origin/destination) as the transportation impact analysis. However, the VMT presented in the transportation chapter will be presented as total VMT per service population, while the VMT presented in the other chapter will be as total VMT by speed bin. 7 Network-based VMT is also referred to as boundary method VMT. For most projects, boundary method for the City should be adequate. For projects located near the City limit, an alternative boundary should be considered that captures the true effect the project has on local traffic. This could be determined using average trip length to/from the site or other approach to completely capture changes in VMT. Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 25 Packet Pg. 309 9.c San Bernardino TIA Guidelines June 2020 VMT Impacts An example of how VMT thresholds would be applied to determine potential VMT impacts is provided below. A project would result in a significant project-generated VMT impact if either of the following conditions: 1. The baseline project-generated VMT per service population exceeds the City of San Bernardino General Plan Buildout VMT per service population, or 2. The cumulative project-generated VMT per service population exceeds the City of San Bernardino General Plan Buildout VMT per service population. if it resulted in either of the following conditions: 1. The cumulative link-level boundary VMT per service population within the City of 8 San Bernardino increases under the plus project condition compared to the no project condition). Please note that the cumulative no project shall reflect the adopted RTP/SCS; as such, if a project is consistent with the regional RTP/SCS, then the cumulative impacts shall be considered less than significant subject to consideration of other substantial evidence. VMT Mitigation Measures To mitigate VMT impacts, the following choices are available to the applicant: 1. VMT generated by the project. 2. Implement transportation demand management (TDM) measures to reduce VMT generated by the project. 3. Participate in a VMT fee program and/or VMT mitigation exchange/banking program (if they exist) to reduce VMT from the project or other land uses to achieve acceptable levels As part of the SBCTA Implementation Study, key TDM measures that are appropriate to the region were identified. 8 Please note, that for most projects establishing a boundary of the City limits should be sufficient. However, for larger projects or projects located near the City limit, a larger boundary should be applied to ensure that the true project effect is not truncated. Typically, doubling the average trip length to/from the site could establish an appropriate boundary if the City limit is not appropriate. Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 26 Packet Pg. 310 9.c San Bernardino TIA Guidelines June 2020 Measures appropriate for most of the SBCTA region are summarized in Attachment B of the TDM Strategies Evaluation Memorandum and available from SBCTA. It should be noted that the availability, applicability, and effectiveness of VMT mitigation measures is evolving and this memorandum may be out of date. Evaluation of VMT reductions should be evaluated using state- of-the-practice methodologies recognizing that many of the TDM strategies are dependent on building tenant performance over time. As such, actual VMT reduction cannot be reliably predicted and monitoring may be necessary to gauge performance related to mitigation expectations. Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 27 Packet Pg. 311 9.c San Bernardino TIA Guidelines June 2020 CEQA Assessment - Active Transportation and Public Transit Analysis Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 28 Packet Pg. 312 9.c San Bernardino TIA Guidelines June 2020 Potential impacts to public transit, pedestrian facilities and travel, and bicycle facilities and travel can be evaluated using the following criteria. A significant impact occurs if the project conflicts with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decreases the performance or safety of such facilities. Therefore, the TIA shall include analysis of a project to examine if it is inconsistent with adopted policies, plans, or programs regarding active transportation or public transit facilities, or otherwise decreases the performance or safety of such facilities and make a determination as to whether it has the potential to conflict with existing or proposed facilities supporting these travel modes. Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 29 Packet Pg. 313 9.c San Bernardino TIA Guidelines June 2020 Transportation Impact Analysis Format Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 30 Packet Pg. 314 9.c San Bernardino TIA Guidelines June 2020 The recommended TIA format including both LOS and VMT analysis is as follows: 1. Executive Summary a. Table summarizing significant impacts and mitigation measures b. Table summarizing LOS deficiencies and proposed improvements 2. Introduction a. Purpose of the TIA and study objective b. Project location and vicinity map (Exhibit) c. Project size and description d. Existing and proposed land use and zoning e. Site plan and proposed project (Exhibit) f. Proposed project opening year and analysis scenarios 3. Methodology, LOS Thresholds and CEQA Significant Impact Thresholds 4. Existing Conditions a. Existing roadway network b. Existing traffic control and intersection geometrics (Exhibit) c. Existing traffic volumes AM and PM peak hour and ADT (Exhibit) d. Existing level of service (LOS) at intersections (Table) e. Existing bicycle facilities (Exhibit) f. Existing transit facilities (Exhibit) g. Existing pedestrian facilities 5. Project Traffic a. Trip generation (Table) b. Trip distribution and assignment (Exhibit) c. Project peak hour (or other required hours) turning movements and ADT (Exhibit) 6. Background Conditions (Opening Year) Analysis a. No Project analysis i. Committed (funded) roadway improvements ii. Approved project trip generation (Table, if required) iii. Approved project trip assignment and distribution (Exhibit, if required) iv. Peak turning movement and ADT (Exhibit) v. Intersection level of service (Table) vi. Roadway segment level of service (Table) b. Plus Project analysis i. Plus Project peak turning movement and ADT (Exhibit) ii. Intersection level of service (Table) Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 31 Packet Pg. 315 9.c San Bernardino TIA Guidelines June 2020 iii. Roadway segment level of service (Table) iv. Identification of intersection and roadway segment deficiencies 7. Cumulative Year Analysis a. No Project analysis i. Committed (funded) roadway improvements ii. Pending projects and verification of how they are included in the travel demand forecasting model iii. Cumulative Year peak turning movement and ADT (Exhibit) iv. Intersection level of service (Table) v. Roadway segment level of service (Table) b. Plus Project Analysis i. Plus Project peak turning movement and ADT (Exhibit) ii. Intersection level of service (Table) iii. Roadway segment level of service (Table) iv. Identification of intersection and roadway segment deficiencies 8. Traffic Signal Warrant Analysis 9. Site Access Analysis 10. Safety and Operation Improvement Analysis 11. Active Transportation and Public Transit Analysis 12. Improvements and Recommendations a. Proposed improvements at intersections b. Proposed improvements at roadway segments c. Recommended Improvements categorized by whether they are included in fee plan or not. (Identify if these improvements are included in an adopted fee program) 13. Vehicle Miles Traveled (VMT) Analysis a. Project VMT per person/employee for all analysis scenarios b. Project effect on VMT for all analysis scenarios c. Identification of VMT impacts d. Proposed VMT Mitigation Measures 14. Appendix a. Approved scope of work b. Traffic counts c. Intersection analysis worksheets d. VMT and TDM calculations e. VMT and TDM mitigation calculations Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 32 Packet Pg. 316 9.c San Bernardino TIA Guidelines June 2020 f. Signal warrant worksheets Attachments Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 33 Packet Pg. 317 9.c San Bernardino TIA Guidelines June 2020 Detailed VMT Forecasting Information Most trip-based models generate daily person trip-ends for each TAZ across various trip purposes (home-based-work, home-based-other, and non-home-based, for example) based on population, household, and employment variables. This may create challenges for complying with the VMT guidance because trip generation is not directly tied to specific land use categories. The following methodology addresses this particular challenge among others. Production and attraction trip-ends are separately calculated for each zone, and generally: production trip-ends are generated by residential land uses and attraction trip-ends are generated by non-residential land uses. OPR's guidance addresses residential, office, and retail land uses. Focusing on residential and office land uses, the first step to forecasting VMT requires translating the land use into model terms, the closest approximations are: Residential: home-based production trips Office: home-based work attraction trips Note that this excludes all non-home-based trips including work-based other and other-based other trips. The challenges with computing VMT for these two types of trips in a trip-based model are 1) production and attraction trip-ends are not distinguishable after the PA to OD conversion process and 2) trip purposes are not maintained after the mode choice step. For these reasons, it not possible to use the VMT results from the standard vehicle assignment (even using a select zone re-assignment). A separate post-process must be developed to re-estimate VMT for each zone that includes trip-end types and trip purposes. To calculate VMT: Re-skim final loaded congested networks for each mode and time period Run a custom PA to OD process that replicates actual model steps, but: o Keeps departure and return trips separate o Keeps trip purpose and mode separate o Converts person trips to vehicle trips based on auto occupancy rates and isolates automobile trips o Factors vehicle trips into assignment time periods Multiply appropriate distance skim matrices by custom OD matrices to estimate VMT Sum matrices by time period, mode, and trip purpose to calculate daily automobile VMT Calculate automobile VMT for individual TAZs using marginal totals: o Residential (home-based) - row of departure matrix plus column of return matrix o Office (home-based work) - column of departure matrix plus row of return matrix Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 34 Packet Pg. 318 9.c San Bernardino TIA Guidelines June 2020 Appropriateness Checks Regardless of which method is used, the number of vehicle trips from the custom PA to OD process and the total VMT should match as closely as possible with the results from the traditional model process. The estimated results should be checked against the results from a full model run to understand the degree of accuracy. Note that depending on how each model is 9 setup, these custom processes may or may not include IX/XI trips, truck trips, or special generator trips (airport, seaport, stadium, etc.). When calculating VMT for comparison at the study area, citywide, or regional geography, the same methodology that was used to estimate project-specific VMT should be used. The VMT for these comparisons can be easily calculated by aggregating the row or column totals for all zones that are within the desired geography. 9 IX/XI trips refer to trips that start inside the model boundary and end outside of it (IX), and trips that start outside the model boundary and end inside it (XI). Attachment: CED.VMT Thresholds of Significance.A1.Resolution.Exhibit B (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 35 Packet Pg. 319 9.d RESOLUTION NO. 2020-024-PC RESOLUTION NO. 2020-024-PC - WHEREAS, WHEREAS, CEQA Guidelines Section 15064.7(a) defines a threshold of significance as effect, noncompliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less ; WHEREAS, CEQA Guidelines Section 15064.7(b) requires that thresholds of significance must be adopted by ordinance, resolution, rule, or regulations, developed through a public review process, and be supported by substantial evidence; WHEREAS, pursuant to CEQA Guidelines Section 15064.7(c), when adopting thresholds of significance, a public agency may consider thresholds of significance adopted or recommended by other public agencies provided that the decision of the agency is supported by substantial evidence; WHEREAS, Senate Bill 743, enacted in 2013 and codified in Public Resources Code Section 21099, required changes to the CEQA Guidelines regarding the criteria for determining the significance of transportation impacts of projects; WHEREAS, proposed, and the California Natural Resources Agency certified and adopted, new CEQA meaning the amount and distance of automobile travel attributable to a project as the most appropriate WHEREAS, and other similar metrics, will generally no longer constitute a significant traffic environmental effect under CEQA; Attachment: CED.VMT Thresholds of Significance.A2.PC Resolution 2020-024 (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 1 Packet Pg. 320 9.d RESOLUTION NO. 2020-024-PC WHEREAS, CEQA Guidelines Section 15064.3 requires agencies to stop treating automobile delay/LOS as an environmental traffic impact effective on July 1, 2020, though public agencies may elect to be governed by this section immediately; WHEREAS, the City of San Bernardino, following a public review process consisting of staff presentations before the Planning Commission, wishes to adopt the VMT Thresholds of Significance for determining the significance of transportation impacts that are recommended in an analysis conducted by the San Bernardino County Transportation Authority on behalf of its member jurisdictions; WHEREAS, pursuant to the requirements of CEQA, the Planning Division of the Community and Economic Development Department evaluated the VMT Thresholds of Significance and Associated Guidelines and determined that their adoption is not a CEQA vely, are exempt from environmental review because it can be seen with certainty that their adoption will not result in significant effects on the environment pursuant to Section 15061(b)(3) (Review for Exemption) of the State CEQA Guidelines; Attachment: CED.VMT Thresholds of Significance.A2.PC Resolution 2020-024 (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 2 Packet Pg. 321 9.d RESOLUTION NO. 2020-024-PC NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows: SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning Commission has reviewed and considered the information contained in the administrative record for Vehicle Miles Traveled (VMT) Thresholds of Significance. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission hereby recommends to the Mayor and City Council, as follows: (1) The administrative record has been completed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and th Guidelines; (2) The proposed action is not subject to the requirements of the California Environmental Quality Act (CEQA) because the adoption of the CEQA Vehicle Miles Traveled (VMT) Thresholds of Significance is and, alternatively, is exempt from environmental review because it can be seen with certainty that their adoption will not result in significant effects on the environment pursuant to Section 15061(b)(3) (Review for Exemption) of the State CEQA Guidelines; and (3) The determination of CEQA exemption reflects the independent judgment of the Planning Commission. SECTION 2. PLANNING COMMISSION ACTION: The Planning Commission hereby takes the following action: 1. Adoption of Planning Commission Resolution No. 2020-024 forwarding a recommendation that the Mayor and City Council: a. Find that the adoption of CEQA Vehicle Miles Traveled (VMT) Thresholds of Significance is requiring environmental review and, alternatively, is exempt from environmental review because it can be seen with certainty that their adoption will not result in significant effects on the environment pursuant to Section 15061(b)(3) (Review for Exemption) of the State CEQA Guidelines, and direct the Planning Division to prepare and file a with the Clerk of the County of San Bernardino a Notice of Exemption as provided under CEQA Guidelines Section 15062; and b. Adopt the Vehicle Miles Traveled (VMT) Thresholds of Significance, as provided herein as Exhibit A. Attachment: CED.VMT Thresholds of Significance.A2.PC Resolution 2020-024 (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 3 Packet Pg. 322 9.d RESOLUTION NO. 2020-024-PC SECTION 3. 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. th PASSED, APPROVED AND ADOPTED this 14 day of July, 2020. _________________________________ Elizabeth Sanchez, Chairperson San Bernardino Planning Commission ATTEST: _______________________________________ Oliver Mujica, Planning Commission Secretary City of San Bernardino, California Attachment: CED.VMT Thresholds of Significance.A2.PC Resolution 2020-024 (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 4 Packet Pg. 323 9.d RESOLUTION NO. 2020-024-PC CERTIFICATION: I, Stephanie Sanchez, Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution 2020-025, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular th meeting thereof held on the 14 day of July 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ____________________________________ Stephanie Sanchez, Recording Secretary City of San Bernardino, California Attachment: CED.VMT Thresholds of Significance.A2.PC Resolution 2020-024 (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 5 Packet Pg. 324 9.d RESOLUTION NO. 2020-024-PC VMT THRESHOLDS OF SIGNIFICANCE GUIDELINES Attachment: CED.VMT Thresholds of Significance.A2.PC Resolution 2020-024 (6842 : Vehicle Miles Traveled (VMT) Thresholds of Significance) 6 Packet Pg. 325 Attachment: CED.VMT Thresholds of Significance \[Revision 1\] 9.e Packet Pg. 326 Community and Economic Development Department by Vehicle Miles Traveled (VMT) Thresholds of Significance and Associated Guidelines Presented Attachment: CED.VMT Thresholds of Significance \[Revision 1\] 9.e Packet Pg. 327 743 of Senate Bill Intent Attachment: CED.VMT Thresholds of Significance \[Revision 1\] 9.e Packet Pg. 328 Change? for the and CEQA Service in vehicular on basis of of a roadways as of Level threshold impacts a measures as delay, . does SB 743 widening congestion LOS similar auto the . significant uses traffic other. using What or the discussion in CEQA on and determine Currentlyto intersections Eliminates(LOS),capacity determiningenvironment hanges Cthe analysis of transportation impacts on the environment Attachment: CED.VMT Thresholds of Significance \[Revision 1\] 9.e Packet Pg. 329 transportation ? of analysis the on CEQA . in does SB 743 Change environment to be the new discussion the the What on Vehicle Miles Traveled hanges Cimpacts Requires (VMT) per capita analysis metric for determining impacts on the environment from transportation.Changes where significant impacts occur and mitigation. Attachment: CED.VMT Thresholds of Significance \[Revision 1\] 9.e 743 Packet Pg. 330 does the City Comply with SB out average VMT per person. How - Adopt new thresholds and guidance for development projects.City staff have identified basing their threshold in the City’s General Plan.The General Plan is reflective of the goals and values of the community and includes planned land use growth and transportation improvements.Projects will need to generate less VMT per person than the City General Plan build Attachment: CED.VMT Thresholds of Significance \[Revision 1\] 9.e Packet Pg. 331 the Vehicle Miles Traveled (VMT) the adoption of CEQA Vehicle Miles FINDINGTraveled (VMT) Thresholds of Significance and Associated Guidelines is not a CEQA “project”; andADOPTINGThresholds of Significance and Associated Guidelines. Recommendation 1.2. Attachment: CED.VMT Thresholds of Significance \[Revision 1\] 9.e Packet Pg. 332 Questions? 10 Consent Calendar City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Jim Slobojan, Acting Finance Director Subject: Approval of Commercial and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for June 2020. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City Website, and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp>. Discussion Gross Payroll Bi-Weekly for June 28, 2020$2,091,559.65 Total Payroll Demands: $2,091,559.65 The following check registers are being presented for approval: June 25, 20202019/20 (Register #54)$799,433.13 July 2, 20202020/21 (Register #1)1,050,729.19 Total commercial check demands:$1,850,162.32 The following Electronic Funds Transfer (EFT) registers presented for approval: Packet Pg. 333 Page 1 10 6829 June 11, 20202019/20 (Register #928-#929)$693,991.79 June 16, 20202019/20 (Register #930-#932)498,219.25 June 18, 20202019/20 (Register #933)804.18 June 23, 20202019/20 (Register #934-#935)177,986.95 June 25, 20202019/20 (Register #936-#937)45,688.54 June 26, 20202019/20 (Register #938)483,073.75 Total commercial EFT demands:$1,899,764.46 2020-2025 Key Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Financial Stability by creating a framework for spending decisions. Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for June 2020. Attachments Attachment 1 Payroll checks for June 2020 Attachment 2 Commercial checks for Registers #54 Attachment 3 Commercial checks for Registers #1 Attachment 4 Commercial EFT Registers #928-938 Ward: Synopsis of Previous Council Actions: Packet Pg. 334 Page 2 10.a Attachment: FN. Payroll Summary Report ATTACHMENT#1 (6829 : Approval of Commercial and Payroll Disbursements) Packet Pg. 335 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 336 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 337 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 338 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 339 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 340 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 341 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 342 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 343 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 344 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 345 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 346 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 347 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 348 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 349 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 350 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 351 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 352 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 353 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 354 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 355 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 356 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 357 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 358 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 359 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 360 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 361 Attachment: FN. Commercial Checks & Payroll. Register #54 ATTACHMENT#2 (6829 : Approval of 10.b Packet Pg. 362 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 363 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 364 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 365 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 366 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 367 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 368 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 369 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 370 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 371 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 372 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 373 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 374 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 375 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 376 Attachment: FN. Commercial Checks & Payroll. Register #1 ATTACHMENT#3 (6829 : Approval of 10.c Packet Pg. 377 Attachment: FN. EFT Register #928-938. ATTACHMENT#4 (6829 : Approval of Commercial and Payroll 10.d Packet Pg. 378 Attachment: FN. EFT Register #928-938. ATTACHMENT#4 (6829 : Approval of Commercial and Payroll 10.d Packet Pg. 379 Attachment: FN. EFT Register #928-938. ATTACHMENT#4 (6829 : Approval of Commercial and Payroll 10.d Packet Pg. 380 Attachment: FN. EFT Register #928-938. ATTACHMENT#4 (6829 : Approval of Commercial and Payroll 10.d Packet Pg. 381 Attachment: FN. EFT Register #928-938. ATTACHMENT#4 (6829 : Approval of Commercial and Payroll 10.d Packet Pg. 382 Attachment: FN. EFT Register #928-938. ATTACHMENT#4 (6829 : Approval of Commercial and Payroll 10.d Packet Pg. 383 Attachment: FN. EFT Register #928-938. ATTACHMENT#4 (6829 : Approval of Commercial and Payroll 10.d Packet Pg. 384 Attachment: FN. EFT Register #928-938. ATTACHMENT#4 (6829 : Approval of Commercial and Payroll 10.d Packet Pg. 385 Attachment: FN. EFT Register #928-938. ATTACHMENT#4 (6829 : Approval of Commercial and Payroll 10.d Packet Pg. 386 Attachment: FN. EFT Register #928-938. ATTACHMENT#4 (6829 : Approval of Commercial and Payroll 10.d Packet Pg. 387 Attachment: FN. EFT Register #928-938. ATTACHMENT#4 (6829 : Approval of Commercial and Payroll 10.d Packet Pg. 388 Attachment: FN. EFT Register #928-938. ATTACHMENT#4 (6829 : Approval of Commercial and Payroll 10.d Packet Pg. 389 11 Consent Calendar City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Jim Slobojan, Acting Finance Director Subject: Monthly Investment Portfolio Report for June 2020 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for June 2020. Background atement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. Report and confirm that the Discussion investment portfolio for the month ended June 30, 2020. As of November 6, 2019, the Cit sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the Cit 2020-2025 Key Strategic Targets and Goals The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Financial Stability by Implementing and maintaining and updating a fiscal accountability plan Fiscal Impact None Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for June 2020. Attachments Attachment 1 Investment Portfolio Management Summary Report Packet Pg. 390 Page 1 11 6839 Ward:All Synopsis of Previous Council Actions: None Packet Pg. 391 Page 2 Attachment: FN. Investment Portfolio Report June 2020- Attachment 1 (6839 : Monthly Investment 11.a Packet Pg. 392 Attachment: FN. Investment Portfolio Report June 2020- Attachment 1 (6839 : Monthly Investment 11.a AP Date Page 1 Maturity 05/10/202309/11/202209/11/202410/30/202202/28/202508/16/202303/01/202112/23/202406/23/202501/25/202310/22/202410/26/202012/13/202104/09/202102/10/202306/03/202406/03/202406/03/202402/20/202509/11/202 012/24/202011/29/202111/29/202104/07/202106/11/2021 1111 Packet Pg. 393 72 Report Ver. 7.3.3b Portfolio CITY 802851243938117530282954176516516280345 1,0431,5331,7031,1411,6361,8181,5741,2001,4331,4331,4331,695 PM (PRF_PM2) 7.3.0 Days to Maturity 360 YTM 1.2001.2000.9670.9671.9081.7321.7782.1522.2011.9041.1802.2681.0361.7312.0961.8231.7261.5671.6181.6120.5720.6610.6610.7211.1641.7811.9131.9261.6721.687 A AaAa AaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaa Moody's 1.2170.9801.9501.7001.8002.1002.0502.2001.6502.3001.0502.6502.1251.7502.1101.6401.6000.5800.6700.6700.7201.3751.5501.8751.8751.7501.875 Rate Stated 1,777.531,777.53 998,796.27998,890.00999,129.75999,503.57998,818.74999,064.68998,959.78 Book Value 1,000,428.751,000,000.001,000,000.002,016,141.301,002,996.651,000,000.001,000,000.001,087,721.121,000,000.001,000,000.002,014,812.311,000,000.001,000,000.001,000,000.001,000,000.001,000,368.901,000,4 04.051,001,498.95 68,530,949.2968,530,949.2912,104,974.09 1,777.531,777.53 991,850.00990,080.00998,380.00990,830.00999,630.00 1,029,290.001,029,860.001,046,037.612,090,600.001,008,200.001,004,650.001,118,944.961,005,010.002,055,180.001,000,270.001,005,790.001,000,050.001,000,050.001,000,030.001,002,310.001,006,710.001,024,2 70.001,024,270.001,012,110.001,015,050.00 Market Value 68,530,949.2968,530,949.2912,298,722.57 1,777.531,777.53 Par Value 998,890.00 1,000,000.001,000,000.001,000,000.001,000,000.002,000,000.001,000,000.001,000,000.001,000,000.001,064,000.001,000,000.001,000,000.002,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,0 00.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.00 68,530,949.2968,530,949.2912,062,890.00 June 30, 2020 Date Portfolio Management Purchase Portfolio Details - Investments CITY OF SAN BERNARDINO 01/10/202012/10/201901/24/202010/30/201902/28/202010/16/201903/03/202012/23/201906/23/202001/27/202010/22/201910/26/201712/31/201901/09/202002/11/202006/03/202006/03/202006/03/202006/19/202011/02/201 601/09/201701/19/201702/14/201706/14/201706/22/2017 Balance Average 1,774.32 67,272,615.9611,372,386.04 Issuer LOCAL AGENCY INVESTMENT FUNDCALTRUST GOVT INVESTMENT FUNDAMERICAN HONDA FINANCE CORPAPPLE INCAPPLE INCBANK OF AMERICA CORPORATIONBANK OF AMERICA CORPORATIONBANK OF NEW YORK MELLON CORPJOHNSON & JOHNSONJ.P. MORGAN CHASE & COJ.P. MORGAN CHASE & COCHARLES SCHWAB CORPTOYOTA MOTOR CREDIT CORPFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANK Subtotal and AverageSubtotal and AverageSubtotal and Average Investment #1000120008305593055430561305493056830547C30570305513058230563305483053630555305573056430573305743057530579305163052230523305283053430535 CUSIP State Local Agency Investment Fund SYS Managed Pool Accounts 20008 Corporate Notes 02665WDH1037833DL1037833DM906048WD7206048WH9406406FAD5478160BS248128GN9748128GU40808513AT289236TGN9 Federal Agency Issues - Coupon 3133EHJ953133EH2T93133ELGK43133ELMD33133ELE673133ELE593133ELE593133ELA46313380WG8313381P253130AABG23130AABG23130AB5A0313379RB7 Run Date: 07/16/2020 - 09:15 Attachment: FN. Investment Portfolio Report June 2020- Attachment 1 (6839 : Monthly Investment 11.a AP Date Page 2 Maturity 09/11/202001/29/202402/12/202503/25/202408/12/202101/26/202202/28/202209/16/202107/26/202104/26/202207/13/202206/01/202303/17/202312/29/202306/30/202503/28/202409/29/202003/29/202110/07/202110/07/202 110/07/202110/07/202101/05/202201/05/202208/21/202001/05/202203/29/202212/22/202301/27/202301/28/2025 Packet Pg. 394 729051 Portfolio CITY 407574607442390664742989271463463463463553553553636743940 1,3071,6871,3631,0651,2761,8251,3661,2691,6721,307 PM (PRF_PM2) 7.3.0 Days to Maturity 360 YTM 2.5412.8361.7261.5291.3411.9782.0961.9731.9332.0421.6270.4440.4140.4440.6410.4931.2721.3321.4111.4011.3411.7161.9461.9941.7752.0142.1400.5131.4821.7261.9131.820 AaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaa Moody's 2.8752.8751.7501.5501.1252.0002.1252.0001.8752.0001.6500.4500.4200.4500.6500.5001.2701.3501.3751.3751.3751.3752.0002.0001.8002.0002.1700.5201.7502.050 Rate Stated 997,472.41424,966.58999,127.66998,779.50999,954.17999,271.21999,447.97995,584.65999,693.18999,396.11 Book Value 1,000,559.141,000,000.002,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,135.551,000,384.651,000,000.001,000,0 00.001,000,000.001,000,000.001,004,767.812,004,767.81 43,427,333.51 436,011.75999,336.00999,200.00 1,005,200.001,012,660.002,001,580.001,004,990.001,010,640.001,031,830.001,021,640.001,018,640.001,032,890.001,000,460.001,000,020.001,000,040.001,000,100.001,002,720.001,008,520.001,014,980.001,014,9 80.001,014,980.001,014,980.001,027,400.001,027,400.001,002,310.001,027,400.001,034,270.001,000,340.001,007,070.001,007,620.002,014,690.00 Market Value 43,916,247.75 Par Value 425,000.00 1,000,000.001,000,000.002,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,0 00.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.002,000,000.00 43,425,000.00 June 30, 2020 Date Portfolio Management Purchase Portfolio Details - Investments CITY OF SAN BERNARDINO 06/11/201801/29/201902/12/202003/25/202011/07/201601/30/201702/28/201703/16/201703/06/201711/06/201701/13/202006/01/202006/17/202006/29/202006/30/202006/29/202009/29/201609/29/201610/13/201610/31/201 611/03/201611/18/201601/23/201702/02/201702/21/201703/02/201703/29/201706/22/202001/27/202003/03/2020 Balance Average 2,004,809.16 41,594,255.29 Issuer FEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOINTL BK RECON & DEVELOPMENTINTL BK RECON & DEVELOPMENT Subtotal and AverageSubtotal and Average Investment #3053930540C30565305663051830525C30529C30530C3053130537C30558305763057730578305813058330510C30512C30513305153051730519305243052630527C3053230533C305803056230569 CUSIP Federal Agency Issues - Coupon 313370US53130AFRQ23130AJ5F23130AJAX73137EAEC93134GAU443134GA5T73134GA5C43134G9M203134GBP553134GUW553134GVB723134GVQ503134GVS823134GVT993134GV3T33136G37C33136G4BD4 3135GOQ893135G0Q893135GOQ893135G0Q893135G0S383135G0S383136G4LA93135G0S383136G4MQ33136G4XE8 Supranationals 45905U5U4459058HV8 Run Date: 07/16/2020 - 09:15 Attachment: FN. Investment Portfolio Report June 2020- Attachment 1 (6839 : Monthly Investment 11.a AP Date Page 3 Maturity 08/31/202107/31/202107/31/202103/15/202106/30/202112/01/202102/24/202205/30/202405/24/202104/15/202405/24/202201/17/202306/04/202105/10/202101/31/202406/13/202402/13/202306/28/202201/13/202210/21/202 102/22/202406/14/202102/23/202201/18/202406/17/2021 11 Packet Pg. 395 Portfolio CITY 426395395257368364518603327692930338313957727561477348602351800 1,4291,3841,3091,4431,3311,296 PM (PRF_PM2) 7.3.0 Days to Maturity 360 YTM 1.9192.3482.5102.5842.3401.7262.0222.1702.6142.8602.7122.4163.1072.9102.8603.0082.5642.7122.7122.0221.6772.9592.9592.0223.1561.7262.5480.0590.059 AaaAaaAaaAaa Moody's 2.0002.2502.2502.3751.7502.0502.2002.6502.9002.7502.4503.1502.9502.9003.0502.6002.7502.7502.0501.7003.0003.0002.0503.2001.7500.060 Rate Stated 998,654.19996,947.57998,340.10248,000.00247,000.00247,000.00247,000.00246,000.00249,000.00249,000.00245,000.00249,000.00246,000.00246,000.00247,000.00245,000.00245,000.00249,000.00247,000.00245,000.0 0249,000.00247,000.00500,000.00249,000.00 Book Value 1,000,603.413,994,545.275,442,000.001,128,893.061,128,893.06 251,061.06252,770.27254,551.14269,992.17251,447.87272,526.07259,323.81263,361.38254,732.50251,219.06270,689.25269,752.73261,280.69257,422.85255,405.85250,987.62269,574.41255,020.77253,915.73552,549.6 0251,993.98 1,021,210.001,022,270.001,022,270.001,015,430.004,081,180.005,729,578.811,128,893.061,128,893.06 Market Value Par Value 248,000.00247,000.00247,000.00247,000.00246,000.00249,000.00249,000.00245,000.00249,000.00246,000.00246,000.00247,000.00245,000.00245,000.00249,000.00247,000.00245,000.00249,000.00247,000.00500,000.0 0249,000.00 1,000,000.001,000,000.001,000,000.001,000,000.004,000,000.005,442,000.001,128,893.061,128,893.06 June 30, 2020 Date Portfolio Management Purchase Portfolio Details - Investments CITY OF SAN BERNARDINO 02/21/201702/12/201806/04/201806/25/201806/30/201612/01/201602/24/201705/30/201905/23/201804/29/201905/24/201901/16/201906/04/201805/10/201801/31/201906/13/201902/13/201902/28/201901/13/201710/21/201 602/22/201906/13/201802/23/201701/18/201906/17/2016 Balance Average 4,961,014.465,683,533.333,379,236.82 Issuer U.S. TREASURYU.S. TREASURYU.S. TREASURYU.S. TREASURY1ST TECHNOLOGY FEDERAL CREDITAMERICAN EXPRESS CENTURION BKBMW BANKCAPITAL ONE NATIONAL ASSOCCITI BANK SALT LAKE CITY UTAHCOMENITY CAPITAL BANKEAGLE BANKGOLDMAN SACHS GROUP INC.MEDALLION BANKMORGAN STANLEY BANKMORGAN STANLEY PRIVATE BANKMORGAN STANLEY PRIVATE BANKNORTHWESTERN BANKOXFORD BANK & TRUSTSTEARNS BANKSYNCHRONY BANKTIAA FSBUBS FINANCE COMMERCIAL PAPERWASHINGTON FIRST BK RESTONWELLS FARGO BK NAWELLS FARGO BANKWELLS FARGO GOVT MONEY MARKET Subtotal and AverageSubtotal and AverageSubtotal and Average Investment #40001C40002400034000480034800388004180054800438005280053800468004480042800488005580049800518003980036800508004580040800478003320002 CUSIP Treasury Securities - Coupon 912828D72912828WY2912828WY29128284B3 Certificates of Deposit 33715LAD202587DM7005580AGK414042RLW917312QM2220033AU6127002YEP738148P4B058404DCA761747MX6361760AVF36176 0AG52668015AL469140WAS4857894SK687165FNC487270LBU690348JCU2940727AH3949763WU69497485W3 Money Market Funds SYS20002 Run Date: 07/16/2020 - 09:15 Attachment: FN. Investment Portfolio Report June 2020- Attachment 1 (6839 : Monthly Investment 11.a AP Page 4 Packet Pg. 396 405 Portfolio CITY PM (PRF_PM2) 7.3.0 Days to Maturity 360 YTM 1.432 Moody's Rate Stated Book Value 136,635,240.56 Market Value 137,702,039.01 Par Value 136,591,509.88 June 30, 2020 Date Portfolio Management Purchase Portfolio Details - Investments CITY OF SAN BERNARDINO Balance Average 136,269,625.39 Issuer Total and Average Investment # CUSIP Run Date: 07/16/2020 - 09:15 Attachment: FN. Investment Portfolio Report June 2020- Attachment 1 (6839 : Monthly Investment 11.a AP Page 5 0 Packet Pg. 397 405 Portfolio CITY PM (PRF_PM2) 7.3.0 Days to Maturity 360 YTM 1.432 Moody's Rate Stated 13,282.4813,282.48 Book Value 136,648,523.04 13,282.4813,282.48 Market Value 137,715,321.49 Par Value 136,591,509.88 June 30, 2020 Portfolio Details - Cash Date Portfolio Management Purchase Accrued Interest at PurchaseSubtotal CITY OF SAN BERNARDINO 0.00 Balance Average 136,269,625.39 Issuer Average Balance Total Cash and Investments Investment # CUSIP Run Date: 07/16/2020 - 09:15 Attachment: FN. Investment Portfolio Report June 2020- Attachment 1 (6839 : Monthly Investment AP 11.a Page 1 Report Ver. 7.3.3b Portfolio CITY PM (PRF_PM3) 7.3.0 Packet Pg. 398 Balance 1,777.53 2,004,767.81 68,530,949.2912,104,974.0943,427,333.51 0.000.000.000.000.000.000.000.000.000.000.000.000.000.00 999,583.33 4,000,000.004,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.005,999,583.331,000,000.00 Redemptions or Withdrawals 3.323.320.000.000.000.000.000.000.00 999,500.00 Purchases or Deposits 3,750,000.003,750,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.009,999,500.00 Date 06/23/202006/03/202006/16/202006/16/202006/03/202006/03/202006/03/202006/19/202006/19/202006/23/202006/20/202006/01/202006/17/202006/29/202006/30/202006/29/202006/22/202006/30/2020 Activity By Type Transaction Portfolio Management 1.2170.9801.0501.6700.8300.7500.5800.6700.6700.7201.8001.8202.8800.4500.4200.4500.6500.5000.5201.625 Rate Stated CITY OF SAN BERNARDINO June 1, 2020 through June 30, 2020 SubtotalSubtotalSubtotalSubtotalSubtotal IssuerLOCAL AGENCY INVESTMENT FUNDCALTRUST GOVT INVESTMENT FUNDJ.P. MORGAN CHASE & COFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL NATIONAL MORTGAGE ASSOU.S. TREASURY Investment #10001200083058230567305713057230573305743057530579305523055630541C30576305773057830581305833058040000 CUSIP State Local Agency Investment Fund (Monthly Summary)SYS Managed Pool Accounts (Monthly Summary)20008 Corporate Notes 48128GU40 Federal Agency Issues - Coupon 3133ELQU13133ELTM63133ELTL83133EL E673133ELE593133ELE593133ELA463130AHPB33130AHRV73134GS5Q43134GVB723134GVQ503134GVS823134GVT993134GV3T33136G4XE8 SupranationalsTreasury Securities - Coupon 912828XH8 Run Date: 07/16/2020 - 09:15 Attachment: FN. Investment Portfolio Report June 2020- Attachment 1 (6839 : Monthly Investment AP 11.a Page 2 Portfolio CITY PM (PRF_PM3) 7.3.0 Packet Pg. 399 Balance 3,994,545.275,442,000.001,128,893.06 136,635,240.56 248,000.00250,000.00498,000.00 1,000,000.00 Redemptions 14,244,127.4914,244,127.4925,741,710.82 or Withdrawals 0.000.000.000.00 Purchases or Deposits 8,767,911.618,767,911.61 23,517,414.93 Date 06/03/202006/28/2020 Activity By Type Transaction Portfolio Management 1.8501.3010.060 Rate Stated CITY OF SAN BERNARDINO June 1, 2020 through June 30, 2020 Total SubtotalSubtotalSubtotal IssuerCAPITAL ONE BANK USA NATLWELLS FARGO BANKWELLS FARGO GOVT MONEY MARKET Investment #800262003320002 CUSIP Treasury Securities - CouponCertificates of Deposit 140420RT91611507847 Money Market Funds (Monthly Summary)SYS20002 Run Date: 07/16/2020 - 09:15 Attachment: FN. Investment Portfolio Report June 2020- Attachment 1 (6839 : Monthly Investment AP 11.a 302348340344474430452456467527431340405409 Page 1 Average Report Ver. 7.3.3b Portfolio CITY PM (PRF_PM4) 7.3.0 Packet Pg. 400 Days to Maturity 669792782795960869846826831898799650712802 Term Average 92340220028393 Number Redeemed of Investments 1000706736003 11 Number Purchased of Investments Pool Rate 2.4492.3792.3412.2802.1902.1032.0431.9671.9121.7301.6481.3631.2171.971 Managed 365 1.824% 1.3192.1052.0121.9981.9851.9721.9691.9291.8961.7841.7441.5441.452 Equivalent Yield to Maturity 360 Activity Summary 1.3012.0761.9841.9711.9571.9451.9421.9031.8701.7601.7201.5231.4321.799% Portfolio Management Equivalent June 2019 through June 2020 CITY OF SAN BERNARDINO Total Invested 94,603,560.0691,198,209.0496,737,190.19 124,896,967.11102,169,953.51100,006,961.73104,414,539.79116,512,135.33123,735,583.62117,383,961.74116,849,030.14138,861,091.34136,635,240.56112,615,724.94 7776736976747885889284818380 Securities Number of Average Year 2019201920192019201920192019202020202020202020202020 MonthEnd JuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJune Run Date: 07/16/2020 - 09:15 Attachment: FN. Investment Portfolio Report June 2020- Attachment 1 (6839 : Monthly Investment AP 11.a Page 1 Report Ver. 7.3.3b Portfolio CITY PM (PRF_PM6) 7.3.0 Packet Pg. 401 0.000.000.000.000.000.00 6,104.886,104.88 -5,880.98-5,880.98 294,105.55768,391.01630,233.71818,132.61 1,120,981.031,163,709.241,163,933.141,981,841.851,982,065.75 ( 0.00)( 0.00)( 0.00) ( 251,377.34)( 580,492.11) Fiscal Year To Date 0.000.000.000.000.000.00 416.67390.80416.67 -1,554.89-1,554.89 99,594.2498,456.0275,056.07 102,392.54282,923.06630,233.71174,650.31173,512.09 Month Ending ( 0.00)( 0.00)( 0.00) ( 285,721.36)( 555,568.44) June 30 June 30, 2020 Portfolio Management Interest Earnings Summary CITY OF SAN BERNARDINO Earnings during PeriodsEarnings during Periods Interest Earned during PeriodInterest Earned during PeriodInterest Earned during Period Total Earnings during Period CD/Coupon/Discount Investments:Interest CollectedPlus Accrued Interest at End of PeriodLess Accrued Interest at Beginning of PeriodLess Accrued Interest at Purchase During PeriodAdjusted by Premiums and DiscountsAdjusted by Capital Gains or LossesPass Through Securities:Interest CollectedPlus Accrued Interest at End of PeriodLess Accrued Interest at Beginning of PeriodLess Accrued Interest at Purchase During PeriodAdjusted by Premiums and DiscountsAdjusted by Capital Gains or LossesCash/Checking Accounts:Interest CollectedPlus Accrued Interest at End of PeriodLess Accrued Interest at Beginning of PeriodTotal Interest Earned during PeriodTotal Adjustments from Premiums and DiscountsTotal Capital Gains or Losses Run Date: 07/16/2020 - 09:15 12 Consent Calendar City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Rebekah Kramer, Assistant City Manager Subject: Bryce Hanes Park Agreement Between the City of San Bernardino and SBVMWD Recommendation Adopt Resolution No. 2020-169 of the Mayor and City Council of the City of San Bernardino, California, 1. Approving a cooperative agreement between the City of San Bernardino and San Bernardino Valley Municipal Water District terminating the Joint Exercise of Powers Agreement, dissolving the San Bernardino Regional Water Resources Authority, and providing for the long-term maintenance of Bryce Hanes Park; and 2. Approving a grant assignment agreement between the San Bernardino Regional Water Resources Authority and the City of San Bernardino. Background In early 2011, the San Bernardino Valley Municipal Water District (Valley District) and the City of San Bernardino began collaboration on the development of an urban park to 2012 through this collaboration, the City was awarded a $5 million grant from the State Department of Parks and Recreation to build what is now known as Bryce Hanes Park th on a vacant property owned by Valley District, located at the corner of 9 and E Streets (900 North E St, San Bernardino, CA 92410). maintaining a new park with the grant award, Valley District agreed to partner with the City in building and maintaining the Park under a joint powers agreement (JPA) between the City of San Bernardino and the San Bernardino Valley Municipal Water District. The Park was opened and dedicated to Police Officer Bryce Hanes who was killed in a motor vehicle accident while on patrol in 2015. The adjoining skate park is named after skateboarder Jon Cole, who died after trying to save his stepfather and mother from a fallen electrical line in 2011 in the north park area. Discussion Bryce Hanes Park now serves as a vibrant community gathering place that is one of the busiest parks in the City, featuring playground equipment including a tot lot, skate park, Packet Pg. 402 Page 1 12 6847 basketball court, outdoor fitness equipment, shade structures, restrooms, a splash pad that recycles water, and water-saving plants and trees.While Valley District took the lead in the design, construction and initial operation and management of the Park, it was contemplated at the inception of the partnership that the City of San Bernardino would take over the administration, management, and maintenance of the Park as soon as it was feasible. To facilitate this transition, Valley District will contribute $2 million to assist with the long-term maintenance and operation of the Park through the grant maintenance costs along with a portion of the capital replacement costs during this timeframe. City staff estimates that the cost of maintaining the park will equate to $66,188 in the first year. Assuming a three percent (3%) annual escalator on landscape maintenance, trash removal, janitorial services, water and utilities services the estimated cost associated with maintaining the park through the grant performance period equates to $1.7 million. The capital replacement costs associated with park equipment and facilities is projected to cost $1.1 million during this same timeframe. In addition to providing financial assistance to support the maintenance of Bryce Hanes Park, Valley District has stepped forward to partner with the City in the resubmittal of the Seccombe Lake Park revitalization grant application for round four of the statewide park program proposition 68 funding managed by the California Department of Parks and Recreation Office of Grants and Local Services due on December 14, 2020. This conservatio toward water efficient irrigation systems, drought-tolerant landscaping, and water conservation educational elements. Next Steps: If the cooperative agreement is approved by the City Council and the San Bernardino Valley Municipal Water District (Valley District) Board the following actions will be taken. 1. City will work with California Department of Parks and Recreation Office of Grants and Local Services to obtain consent to transfer the assignment of the Grant Agreement from San Bernardino Regional Water Resources Authority (Authority) to City and get approval from the City Council to accept the grant assignment (Attached to Resolution as Exhibit B). 2. The Authority board will meet to approve the: a. Grant deed to City; b. Assignment of grant agreement to City; and c. Undertake such other actions as may be necessary to dissolve the Authority. 3. Escrow activities: a. Valley District will approve grant of easement and submit funds to escrow b. City will accept grant of easement; grant deed; grant assignment agreement; and obtain State execution of the grant assignment agreement. 4. When escrow closes, the property and easement will be granted to the City and the City will assume sole responsibility for the maintenance and operation of Packet Pg. 403 Page 2 12 6847 Bryce Hanes park. 5.Valley District files notice with State of dissolution of Authority. 6. Valley District will commit $250k toward Seccombe Lake Park revitalization project for water efficient irrigation systems, drought-tolerant landscaping, and water conservation educational elements. 2020-2025 Key Strategic Targets and Goals The approval of a cooperative agreement between the City of San Bernardino and San Bernardino Valley Municipal Water District terminating the Joint Exercise of Powers agreement, dissolving the San Bernardino Regional Water Resources Authority, and providing for the long-term maintenance of Bryce Hanes Park aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community. Fiscal Impact The projected cost of providing routine maintenance at Bryce Hanes Park in the first 12 months following the transfer is $66,188. Additionally the park property will require on- going capital improvements that are projected to cost $52,508 per year. To facilitate this transfer Valley District will provide a one-time lump-sum payment of $2 million that will be reserved for the purpose of providing for the ongoing operation and maintenance of the park through the grant performance period (June 30, 2041). Additionally Valley District has committed to partnering with the City in the resubmittal of the Seccombe Lake Park revitalization grant application through the California Department of Parks and Recreation Office of Grants and Local Services, contributing up to $250,000 toward water efficient irrigation systems, drought-tolerant landscaping, and water conservation educational elements. Conclusion Adopt Resolution No. 2020-169 of the Mayor and City Council of the City of San Bernardino, California, 1. Approving a cooperative agreement between the City of San Bernardino and San Bernardino Valley Municipal Water District terminating the Joint Exercise of Powers Agreement, dissolving the San Bernardino Regional Water Resources Authority, and providing for the long-term maintenance of Bryce Hanes Park; and 2. Approving a grant assignment agreement between the San Bernardino Regional Water Resources Authority and the City of San Bernardino. Attachments Attachment 1 Resolution No. 2020-169; Exhibit A - Cooperative agreement between the City of San Bernardino and San Bernardino Valley Municipal Water District terminating the Joint Exercise of Powers Agreement, dissolving the San Bernardino Regional Water Resources Authority, and providing for the long-term maintenance of Bryce Hanes Park; Exhibit B - Grant assignment agreement Packet Pg. 404 Page 3 12 6847 between the San Bernardino Regional Water Resources Authority and the City of San Bernardino Attachment 2 San Bernardino Regional Water Resources Authority JPA Ward: 1 (Seccombe Lake Park) and 2 (Bryce Hanes Park) Synopsis of Previous Council Actions: August 26, 1998 The San Bernardino Regional Water Resources Authority Joint Powers Agreement was established between the City of San Bernardino, the Inland Valley Development Agency (IVDA) and the San Bernardino Valley Municipal Water District with the intention of redeveloping blighted areas located within the City and redevelopment areas with a water resources and water storage project. April 16, 2013 San Bernardino Regional Water Resources Authority JPA was amended (Resolution No. 2013-70) to exclude the IVDA and allow the JPA to be the recipient of the $5 million grant award for the th construction of a municipal park at the northwest corner of 9 Street and E Street. Packet Pg. 405 Page 4 12.a RESOLUTION NO. 2020-169 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT TERMINATING THE JOINT EXERCISE OF POWERS AGREEMENT, DISSOLVING THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY, AND PROVIDING FOR THE LONG-TERM MAINTENANCE OF BRYCE HANES PARK; AND APPROVING A GRANT ASSIGNMENT AGREEMENT BETWEEN THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY AND THE CITY OF SAN BERNARDINO WHEREAS, City, San Bernardino Valley Water District (District), and the Inland Valley Development Agency (IVDA) entered into that certain Joint Exercise of Powers Agreement, dated August 26, 1998 Original JPA Agreement, creating a joint powers authority to be Authority; and WHEREAS, the Original JPA Agreement was amended and restated, and IVDA was removed as a member of the Authority, by that certain Amended and Restated Joint Exercise of Powers Agreement, dated April 16Restated JPA Agreementand further amended by that certain First Amendment to Amended and Restated Joint Exercise of Powers Agreement, dated August First Amendment Joint Powers Agreement WHEREAS, the intent of the Joint Powers Agreement, as amended, was to form an million awarded under the Proposition 84 Statewide Park Program for the construction of a municipal park at thin the City of San Bernardino; and WHEREAS, under the Proposition 84 Statewide Park Program, the City submitted an Statesting a grant of Five Million Dollars ($5,000,000.00) to be used in connection with the construction of a Bernardino; and WHEREAS, City received a conditional approval letter dated June 20, 2013, from the State, wherein the State agreed to transfer a grant of Five Million Dollars ($5,000,000.00) for construction of a park in the City of San Bernardino from City to the Authority, subject to certain grant conditions; and WHEREAS, Park was constructed and administered by the Authority using the Proposition 84 Statewide Park Program grant money, pursuant to that certain Attachment: CM.BryceHanesPark.Resolution.2020_169 \[Revision 2\] (6847 : Bryce Hanes Park – Agreement Between the City of San Bernardino Packet Pg. 406 12.a Resolution No. 2020-169 Contract No. C6905064, entered into on or about February 23, 2015, by and between the State State Contractand District has operated and maintained the Park since 2017; and WHEREAS, the Park is located on that certain real property commonly known as 900 North E Street, City of San Bernardino, County of San Bernardino, State of California, and more -143-Park Property -wide strip of property adjacent to the westerly edge of the Park Property located in the former right-of-way vacated per Document No. 2015-0433869 of Official Records of San Bernardino County in the City of San Bernardino, County of San Bernardino, State of Easement Area WHEREAS, the Joint Powers Agreement reflects the intention of the Parties by ultimate takeover of the Park; and WHEREAS, over the last few months, District and City have negotiated several proposals, subject to approval by the State, for a one-time payment of certain amounts to assist City with operations and maintenance costs, contingent upon City taking ownership and control of the Park and assuming the responsibility for the operation and maintenance of the Park in accordance with the State Contract; and WHEREAS, after negotiations, the District agreed to disburse a one-time payment of $2 million for financial assistance to provide for ongoing operation and maintenance of the Park, subject to City satisfying certain conditions; and WHEREAS, District has also agreed to commit up to $250,000 towards water conservation Seccombe Lake Projector the Seccombe Lake Project; and WHEREAS, u taking ownership and control of the Park and assuming the obligations to the State under the State Contract as a result of such ownership, the Authority will have fulfilled its purposes; and WHEREAS, the Parties now desire to provide for transfer of ownership of the Park Property from the Authority to City, nt to City of a one-time the Seccombe Lake Project should it proceed, and the ultimate dissolution of the Authority. 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. Attachment: CM.BryceHanesPark.Resolution.2020_169 \[Revision 2\] (6847 : Bryce Hanes Park – Agreement Between the City of San Bernardino Packet Pg. 407 12.a Resolution No. 2020-169 SECTION 2. The City Manager is hereby authorized to execute the cooperative agreement between the City of San Bernardino and San Bernardino Valley Municipal Water District terminating the Joint Exercise of Powers Agreement, dissolving the San Bernardino Regional Water Resources Authority, and providing for the long-term maintenance of Bryce Hanes Park attached hereto as . SECTION 3. The City Manager is hereby authorized to execute an assignment agreement between the San Bernardino Regional Water Resources Authority and the City of San Bernardino, with the consent of the State, in substantially the form attached hereto as Exhibit SECTION 4. 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 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: CM.BryceHanesPark.Resolution.2020_169 \[Revision 2\] (6847 : Bryce Hanes Park – Agreement Between the City of San Bernardino Packet Pg. 408 12.a Resolution No. 2020-169 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: CM.BryceHanesPark.Resolution.2020_169 \[Revision 2\] (6847 : Bryce Hanes Park – Agreement Between the City of San Bernardino Packet Pg. 409 12.b COOPERATIVE AGREEMENT TERMINATING THE JOINT EXERCISE OF POWERS AGREEMENT, DISSOLVING THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY, AND PROVIDING FOR THE LONG-TERM MAINTENANCE OF BRYCE HANES PARK This COOPERATIVE AGREEMENT Cooperative Agreementthe CITY OF SAN BERNARDINO, a charter city and municipal corporation City, and the SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, a municipal water district and public agency District, is made and entered into as of August ___, 2020 Effective DateCity and District Party Parties RECITALS A. City, District, and the Inland Valley Development Agency (IVDA) entered into that certain Joint Exercise of Powers Agreement, dated August 26, 1998 Original JPA Agreement, creating a joint powers authority to be known as the San Bernardino Regional Water Resources Authority. B. The Original JPA Agreement was amended and restated, and IVDA was removed as a member of the Authority, by that certain Amended and Restated Joint Exercise of Powers Agreement, dated April 16Restated JPA Agreementand further amended by that certain First Amendment to Amended and Restated Joint Exercise of Powers Agreement, dated August First AmendmentJPA Agreement and the Restated JPA Joint Powers Agreement C. The intent of the Joint Powers Agreement, as amended, was to form an eligible accept and use a grant of $5 million awarded under the Proposition 84 Statewide Park Program for the construction of a municipal in the City of San Bernardino. D. Under the Proposition 84 Statewide Park Program, City submitted an application State Five Million Dollars ($5,000,000.00) to be used in connection with the construction of a Bernardino. E. City received a conditional approval letter dated June 20, 2013, from the State, wherein the State agreed to transfer a grant of Five Million Dollars ($5,000,000.00) for construction of a park in the City of San Bernardino from City to the Authority, subject to certain grant conditions. F. Bryce E. Park was constructed and administered by the Authority using the Proposition 84 Statewide Park Program grant money, pursuant to that certain Contract No. C6905064, entered into on or about February 23, 2015, by and between the State and the State Contractand District has operated and maintained the Park since 2017. Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 410 12.b G. The Park is located on that certain real property commonly known as 900 North E Street, City of San Bernardino, County of San Bernardino, State of California, and more particularly identified as -143-Park Property, plus an -wide strip of property adjacent to the westerly edge of the Park Property located in the former right-of-way vacated per Document No. 2015-0433869 of Official Records of San Bernardino County in the City of San Bernardino, County of San Bernardino, State of California, and Easement Area H. The Joint Powers Agreement reflects the intention of the Parties by contemplating the Park. I. Over the last few months, District and City have negotiated several proposals, subject to approval by the State, for a one-time payment of certain amounts to assist City with operations and maintenance costs, contingent upon City taking ownership and control of the Park and assuming the responsibility for the operation and maintenance of the Park in accordance with the State Contract. J. After negotiations, District agreed to disburse a one-time payment of $2 million for financial assistance to provide for ongoing operation and maintenance of the Park, subject to City satisfying certain conditions. K. District has also agreed to commit up to $250,000 towards water conservation and Seccombe Lake Project successfully secure State grant funding for the Seccombe Lake Project. L. Upon and control of the Park and assuming the grant obligations to the State under the State Contract as a result of such ownership, the Authority will have fulfilled its purposes. M. The Parties now desire to provide for transfer of ownership of the Park Property from the Authority to City, grant obligations under the State Contract (subject to State approval), -time payment for ongoing operation and maintenance of the Park Property, commitment to the Seccombe Lake Project should it proceed, and the ultimate dissolution of the Authority. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: TERMS OF AGREEMENT 1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above. Said Recitals are incorporated into this Cooperative Agreement by this reference. 2. EscrowOpening of Escrowescrow account for the purpose of consummating the Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the 2. Packet Pg. 411 12.b transactions contemplated by this Cooperative Agreement Escrowle Insurance Company, Attn: Kelly Simoneau, Senior Commercial Escrow Officer, 3281 East Guasti Road, Suite 440, Ontario, California 91761, (909) 510 6200, ksimoneau@firstam.com Escrow HolderThis Cooperative Agreement shall constitute instructions to Escrow Holder. The Parties will execute additional instructions, documents, and forms provided by Escrow Holder that are reasonably necessary to close the Escrow, as directed by Escrow Holder, within three (3) days after receipt of same. a. Close of Escrow. The closing of the transactions contemplated in this Cooperative Agreement Closingforty- five (45) days after the Opening of Escrow Closing Date; provided, however, the Parties may extend the Closing Date by mutual agreement in writing, which consent may be provided by the City Manager on behalf of City and by the General Manager on behalf of District. Notwithstanding anything contained herein to the contrary, in the event that the Closing has not occurred on or before the Closing Date as amended by the Parties, this Cooperative Agreement shall automatically terminate in all respects, in which case neither Party shall have any further rights or obligations under this Cooperative Agreement and each Party shall bear its own costs incurred concerning this Cooperative Agreement. 3. Authority Actions. Within ten (10) business days following the Effective Date, the Parties shall cause the Authority to hold a special meeting at which the Commission shall consider a resolution Resolutionfor the following actions: a. Transfer of the Park Property to City at no cost to City through a grant deed Deedin substantially the form attached as Exhibit A to this Cooperative Agreement; b. Assignment to City of all of the with respect to the State under the State Contract, subject to the written consent of the State in compliance with Section II.M of the State Contract. Said assignment shall include approval of any necessary adjustment to the deed restriction on the Park Property necessitated by this assignment and the release of Authority from future obligations under the State Contract; and c. A finding that all necessary preconditions to the termination of the Authority will be satisfied upon completion of the transfer and assignment described above, including the resolution of all debts, the assignment of all agreements and liabilities, and the distribution of all assets. While it is recognized that the representatives of the Parties are free to vote as they choose when acting as Members of the Commission, affirmative action on the foregoing items shall be a condition precedent to the obligations of the Parties, including the close of escrow contemplated herein, under Sections 4 and 5 of this Cooperative Agreement. 4. District Commitments. a. District Escrow Deposits. No later than the business day immediately preceding the Closing, District shall deliver to Escrow Holder the following: Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the 3. Packet Pg. 412 12.b i. The sum of Two Million Dollars ($2,000,000) as a one-time payment for financial assistance to City to provide for ongoing operation and maintenance of the Park Financial Assistance Payment; ii. A duly executed and notarized Grant of Easementgranting to City, at no cost to City, an easement over the Easement Area in substantially the form attached as B to this Cooperative Agreement; iii. An executed closing statement reasonably acceptable to District; and iv. Such additional documents as shall be reasonably required by Escrow Holder to consummate the transaction contemplated by this Cooperative Agreement. b. Seccombe Lake Project Commitment. Upon the Closing of Escrow as contemplated in this Cooperative Agreement, District shall provide a financial commitment of up to an additional Two Hundred Fifty Thousand Dollars ($250,000), award of the State grant funding for the Seccombe Lake Project. The financial assistance would be provided in the form of reimbursements for activities completed by City such as water use efficient irrigation system retrofit, drought-tolerant gardens and landscaping, and water conservation educational elements completed under the proposed State grant for the Seccombe Lake Project. Project grant application. c. District Indemnification. Upon the Closing of Escrow as contemplated in this Cooperative Agreement, to the fullest extent permitted by law, District shall indemnify, defend, and hold harmless City and its agents, officers, officials, and employees from and against any and all claims, demands, actions, causes of action, suits, proceedings, costs, expenses, liabilities, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or Claims, pertain to, or are incident to operation of the Park and Park Property prior to and including the Closing of Escrow. 5. City Commitments. a. City Escrow Deposits. No later than the business day immediately preceding the Closing, City shall deliver to Escrow Holder the following: i. A duly adopted Resolution of the Authority approving all of the actions described in Section 3 of this Cooperative Agreement; ii. A duly executed and notarized Deed from the Authority, including a duly executed certificate of acceptance from City in substantially the form attached as Exhibit ; iii. A duly executed and notarized Grant of Easement, including a duly executed certificate of acceptance from City this Cooperative Agreement; Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the 4. Packet Pg. 413 12.b iv. Assignment Agreement by and among City, the Authority, and the State assigning to and assuming by City, as successor to the Authority, imposed under the State Contract and releasing the Authority from all future obligations under the State Contract, with the written approval and consent of the State in compliance with Sections II.I.6 and II.M of the State Contract; v. An executed preliminary change of ownership report in the form prescribed by the San Bernardino County Recorder; vi. An executed closing statement reasonably acceptable to City; and vii. Such additional documents as shall be reasonably required by Escrow Holder to consummate the transaction contemplated by this Cooperative Agreement. b. Upon the Closing of Escrow as contemplated in this Cooperative Agreement, City shall be responsible for, and District and the Authority shall have no further obligation with respect to, the operation and maintenance of the Park pursuant to the State Contract. c. Upon the Closing of Escrow as contemplated in this Cooperative Agreement, to the fullest extent permitted by law, City shall indemnify, defend, and hold harmless District and its agents, officers, officials, and employees from and against any and all Claims that arise out of, pertain to, or are incident to the operation of the Park and Park Property from and after the Closing of Escrow. 6. Conditions Precedent to Closing of Escrow. a. Joint Conditions Precedent to Obligation of the Parties. adoption of a Resolution approving all of the actions described in Section 3 shall be a concurrent condition precedent for City and District, respectively, to consummate the transactions under this Cooperative Agreement. b. Conditions Precedent to Obligation of City. The obligation of City to consummate the transactions under this Cooperative Agreement shall be subject to the fulfillment on or before the Closing Date of all of the following conditions, any or all of which may be waived by City in its sole discretion: i. District shall have delivered to Escrow Holder all of the items required to be delivered to Escrow Holder pursuant to the terms of this Cooperative Agreement, including without limitation those provided for in Section 4.a; and ii. District shall have performed and observed in all material respects all covenants and agreements of this Cooperative Agreement to be performed and observed by District as of the Closing Date. c. Conditions Precedent to Obligation of District. The obligation of District to consummate the transactions under this Cooperative Agreement shall be subject to the Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the 5. Packet Pg. 414 12.b fulfillment on or before the Closing Date of all of the following conditions, any or all of which may be waived by District in its sole discretion: i. City shall have delivered to Escrow Holder all of the items required to be delivered to Escrow Holder pursuant to the terms of this Cooperative Agreement, including without limitation those provided for in Section 5.a; and ii. City shall have performed and observed in all material respects all covenants and agreements of this Cooperative Agreement to be performed and observed by City as of the Closing Date. 7. Credits and Prorations. a. All expenses of the Park Property shall be apportioned between District and City on the basis of a 30-day month as of 12:01 a.m. (Pacific Time) on the Closing Date as if City were vested with title to the Property during the entire day upon which Closing occurs. b. The provisions of this Section 7 shall survive the Closing. 8. Transaction Taxes and Closing Costs. a. District and City shall execute such returns, questionnaires, and other documents as shall be required with regard to all applicable real property transaction taxes imposed by applicable federal, state, or local law or ordinance. b. District Costs. District shall pay the following costs and expenses: i. The fees of any counsel representing District in connection with this transaction, except as otherwise provided in this Cooperative Agreement; ii. All escrow fees which may be charged by the Escrow Holder incurred in connection with the transactions contemplated in this Cooperative Agreement; iii. All recording fees incurred in connection with the transfer of the Park Property; and iv. Any other closing costs, if any, not expressly provided for herein. c. City Costs. City shall pay the following costs and expenses: i. The fees of any counsel representing City in connection with this transaction, except as otherwise provided in this Cooperative Agreement; ii. The premium for any policy of title insurance to be issued to City at Closing, provided that City has elected to purchase such coverage, and the fee for all endorsements thereto; iii. Any documentary transfer taxes or similar taxes that become payable by reason of the transfer of the Park Property; and Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the 6. Packet Pg. 415 12.b d. All costs and expenses incident to this transaction and the Closing that are not specifically described above, shall be paid by the Party incurring the same. e. The provisions of this Section 8 shall survive the Closing. 9. Termination of Joint Powers Agreement and Dissolution of the Authority. Upon the Closing of Escrow as contemplated in this Cooperative Agreement: a. The Parties agree that the following preconditions to termination of the Authority have been fulfilled: (i) all revenue bonds and other forms of indebtedness of the Authority have been paid; (ii) the termination of the Joint Powers Agreement will not adversely affect the operation, repair, maintenance, improvement or administration of the Park Property or any other Water Resources Project, as that term is defined in the Joint Powers Agreement; and (iii) the termination of the Joint Powers Agreement is not contrary to the language, spirit, or intent of any contract or grant agreement entered into by the Authority with the United States, the State of California, or any department, administration, or agency of either government; b. The Parties agree that no Authority assets or surplus monies remain to be distributed or transferred in accordance with Section 12(b) of the Joint Powers Agreement; and c. The Joint Powers Agreement shall be deemed terminated by the unanimous consent of the Parties pursuant to Section 12(a) of the Joint Powers Agreement and the Authority shall be deemed dissolved. Notice of the termination shall be sent by District to the office of the Secretary of State pursuant to Government Code § 6503.5. 10. Term and Termination. Subject to termination as provided in Section 2.a, this Cooperative Agreement shall remain in effect until both Parties have fulfilled all the terms and conditions herein. 11. Miscellaneous Terms. a. Amendment. This Cooperative Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. b. Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Cooperative Agreement, the language of this Cooperative Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Except as expressly stated otherwise, any term referencing time, days or period for performance shall be deemed calendar days and not business days. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Cooperative Agreement. c. Entire Agreement. This Cooperative Agreement constitutes the entire and integrated agreement with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements. d. Notices, Demands and Communications Between the Parties. Any notice to be given or to be served upon either Party hereto in connection with this Cooperative Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the 7. Packet Pg. 416 12.b Agreement must be in writing and shall be deemed to have been given and received: (i) when personally delivered; (ii) two (2) days after it is sent by Federal Express or similar overnight address specified below; (iii) three (3) days after it is sent by certified or registered United States mail, return receipt requested, postage prepaid and addressed to the Party for whom it is transmission addressed to the Party for whom it is intended, a address specified below subject to written verification of receipt by the receiving party, and provided that an original of such notice is also sent to the intended addressee by means described in clauses (i), (ii), or (iii) within two (2) business days after such transmission. Either Party may change the place for the giving of notice to it at any time by written notice to the other Party as provided herein. If to City: City of San Bernardino Attn: City Manager 290 North D Street San Bernardino, CA 92401 Telephone: (909) 384-5122 E-Mail: ledoux_te@sbcity.org with a copy to: City of San Bernardino Attn: City Attorney 290 North D Street San Bernardino, CA 92401 Telephone: (909) 384-5355 E-Mail: attorney@sbcity.org If to District: San Bernardino Valley Municipal Water District Attn: CEO/General Manager 380 East Vanderbilt Way San Bernardino, CA 92408 Telephone: (909) 387-9200 E-Mail: heatherd@sbvmwd.com with a copy to: Varner & Brandt LLP Attn: Brendan W. Brandt 3750 University Avenue, Suite 610 Riverside, CA 92501 Telephone: (951) 274-7777 E-Mail: brendan.brandt@varnerbrandt.com e. Counterparts. This Cooperative Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one and the same instrument. Signatures may be delivered electronically and shall be binding upon the Parties as if they were originals. Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the 8. Packet Pg. 417 12.b f. Laws and Regulations. Each Party shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of this Cooperative Agreement, and shall give all notices required by law. Each Party shall be liable for all violations of such laws and regulations in connection with this Cooperative Agreement. If either Party performs any of its obligations hereunder knowing that its actions are contrary to such laws, rules and regulations and without giving written notice to the other, the violating Party shall be solely responsible for all costs arising therefrom. g. Approvals. Approvals required by Parties, or any officers, agents or employees thereof, shall not be unreasonably withheld and approval or disapproval shall be given within a reasonable time. h. Mutual Cooperation; Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Cooperative Agreement and the satisfaction of the conditions of this Cooperative Agreement. Each Party agrees to perform any further acts and to execute and deliver any documents which may be reasonably necessary to carry out the provisions of this Cooperative Agreement. i. Third Party Beneficiaries. This Cooperative Agreement and the performance of the Parties obligations hereunder are for the sole and exclusive benefit of City and District. No person or entity who or which is not a signatory to this Cooperative Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against either City or District -performance of its obligations under this Cooperative Agreement. j. Relationship of Parties. The Parties agree and intend that City and District are independent contracting entities and do not intend by this Cooperative Agreement to create any partnership, joint venture, or similar business arrangement, relationship or association between them. k. Governing Law. This Cooperative Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Cooperative Agreement shall be deemed to have been made in the County of San Bernardino, California, regardless of the order of the signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with this Cooperative Agreement shall be conducted in a federal or state court located within or for San Bernardino County, California. The Parties consent to the personal jurisdiction and venue in federal or state court located within the County of San Bernardino, California, and hereby waive any defenses or objections thereto including defenses based on the doctrine of forum non conveniens. l. Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting Party on any default shall impair such right or remedy or be construed as a approval shall not be deemed to waive or render unnecessary its consent to or approval of any subsequent act of the other Party. Any waiver by either Party of any default must be in writing Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the 9. Packet Pg. 418 12.b and shall not be a waiver of any other default concerning the same or any other provision of this Cooperative Agreement. m. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Cooperative Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. n. Legal Counsel. Each Party acknowledges that: (i) it has read this Cooperative Agreement; (ii) it has had the opportunity to have this Cooperative Agreement explained to it by legal counsel of its choice; (iii) it is aware of the content and legal effect of this Cooperative Agreement; and (iv) it is not relying on any representations made by the other Party or any of the employees, agents, representatives, or attorneys of the other Party, except as expressly set forth in this Cooperative Agreement. o. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Cooperative Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Cooperative Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. p. Binding Effect. The terms of this Cooperative Agreement shall inure to the benefit of, and shall be binding upon, each of the Parties and their respective successors and assigns. q. Authorized Representatives. The person or persons executing this Cooperative Agreement on behalf City and District warrant and represent that they have the authority to execute this Cooperative Agreement on behalf of that Party and that they have the authority to bind that Party to the performance of its obligations hereunder. \[Signature Page Follows\] Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the 10. Packet Pg. 419 12.b IN WITNESS WHEREOF, the Parties hereto have caused this Cooperative Agreement to be entered into as of the Effective Date set forth above. CITY OF SAN BERNARDINO SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT By: __________________________________ By: __________________________________ Teri Ledoux, City Manager Heather Dyer, General Manager Date: ___________ Date: ___________ APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: By:___________________________________By: __________________________________ ___ Brendan W. Brandt Best Best & Krieger LLP, City Attorney Varner & Brandt LLP, General Counsel ATTEST: ATTEST: By:___________________________________By:___________________________________ ___ ___ Genoveva Rocha, Acting City Clerk Clerk of the Board Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the \[Signature Page for Cooperative Agreement\] 11. Packet Pg. 420 12.b A FORM OF GRANT DEED Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 421 12.b RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: First American Title Insurance Company Attn: Kelly Simoneau, Senior Commercial Escrow Officer 3281 East Guasti Road, Suite 440 Ontario, California 91761 MAIL TAX STATEMENTS TO: City of San Bernardino Attn: City Manager 290 North D Street San Bernardino, California 92401 APN: 0140-143-54 SPACE ABOVE LINE FOR RECORDER'S USE NO FEE PER GOVERNMENT CODE SECTIONS 6103, 27383 AND REVENUE AND TAXATION CODE SECTION 11922 GRANT DEED The undersigned Grantor(s) declare(s): Documentary Transfer Tax $______; City Transfer Tax $______ \[ \] computed on the consideration or full value of property conveyed, OR \[ \] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, \[ \] unincorporated area; \[ X \] City of San Bernardino FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY, a California joint powers authority (), does hereby GRANT to CITY OF SAN BERNARDINO, a California charter city and municipal corporation (), the following described real property located in the County of San Bernardino, State of California: SAID PROPERTY IS CONVEYED SUBJECT TO all liens, encumbrances, easements, covenants, conditions and restrictions of record, and all matters that would be disclosed or apparent by a survey and/or an inspection of the Property. In consideration of the issuance of the Grant Funds by the STATE OF CALIFORNIA State irrevocably covenants with the State that the conditions of the grant as set forth in the Grant Agreement between the Grantee and the State, the terms of which are incorporated herein by reference, shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions, and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof. 1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Grantee and all its assigns or successors-in-interest until June 30, 2041, or upon mutual written agreement between the Grantee and the State. Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 422 12.b 2. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired. IN WITNESS WHEREOF, Grantor has caused its name to be affixed hereto and this instrument to be executed by its duly authorized officer and the provisions of this Grant Deed are hereby approved and accepted by Grantee. Dated: __________________, 2020. GRANTOR: SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY \[Exhibit purposes only; not for execution\] By: ______________________________ Name: ______________________________ Its: ______________________________ Dated: __________________, 2020. GRANTEE: CITY OF SAN BERNARDINO \[Exhibit purposes only; not for execution\] By: ______________________________ Teri Ledoux City Manager \[Exhibit purposes only; not for execution\] APPROVED AS TO FORM: By: ______________________________ Best Best & Krieger LLP City Attorney \[Exhibit purposes only; not for execution\] ATTEST: By: ______________________________ Genoveva Rocha Acting City Clerk Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the 2. Packet Pg. 423 12.b EXHIBIT LEGAL DESCRIPTION \[TO BE ADDED BY ESCROW\] Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 424 12.b ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On_____________________ before me, ___________________________, Notary Public, personally appeared _________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. \[Exhibit purposes only; not for execution\] _____________________________________ (Seal) Notary Public Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 425 12.b ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On_____________________ before me, ___________________________, Notary Public, personally appeared TERI LEDOUX, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. \[Exhibit purposes only; not for execution\] _____________________________________ (Seal) Notary Public Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 426 12.b PUBLIC AGENCY CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) This is to certify that the real property conveyed by the SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT \[***INSERT DATE***\], 2020 to the CITY OF SAN BERNARDINO, a charter city and municipal hereby accepted by the undersigned officer on behalf of the Grantee, pursuant to the authority conferred by the City Council, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: __________________, 2020. GRANTEE: CITY OF SAN BERNARDINO \[Exhibit purposes only; not for execution\] By: ______________________________ Teri Ledoux City Manager Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 427 12.b B FORM OF GRANT OF EASEMENT Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 428 12.b RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: First American Title Insurance Company Attn: Kelly Simoneau, Senior Commercial Escrow Officer 3281 East Guasti Road, Suite 440 Ontario, California 91761 APNs: 0140-143-52, 0140-143-55 SPACE ABOVE LINE FOR RECORDER'S USE NO FEE PER GOVERNMENT CODE SECTIONS 6103, 27383 AND REVENUE AND TAXATION CODE SECTION 11922 GRANT OF EASEMENT THIS GRANT OF EASEMENT is made as of _______________, 2020, by and between SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, a California GrantorCITY OF SAN BERNARDINO, a California charter city and municipal corporation Grantee PartyParties RECITALS A. Bryce E. Hanes Park Parkwas constructed and administered by Grantor on behalf of the San Bernardino Regional Water Resources Authority, a California joint powers authority Authority, using Proposition 84 Statewide Park Program grant money from the State, pursuant to that certain Contract No. C6905064, entered into on or about February 23, 2015 State Contract, by and between the State and the Authority. B. Contemporaneous with this Grant of Easement, City is taking ownership and control of the Park and obligations to the State under the State Contract as a result of such ownership. C. Grantor desires to grant to Grantee, and Grantee desires to acquire from Grantor, an -of-way vacated per Document No. 2015-0433869 of Official Records of San Bernardino County in the City of San Bernardino, County of San Bernardino, State of California, as more particularly described and depicted in 1 and 2, respectively, attached hereto and incorporated Easement Areain connection with the -143-54. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: TERMS OF AGREEMENT 1. The Parties hereby affirm the facts set forth in the Recitals above. Said Recitals are incorporated into this Grant of Easement by this reference. Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 429 12.b 2. Grantor hereby grants to Grantee an exclusive easement over, on, and across the Easement Area in connection with the the Number 0140-143-54 Easement. This Easement shall remain in full force and effect in perpetuity. Grantor expressly reserves for itself and its successors and assigns the right to use the Easement Area or to grant other easements or licenses at the same location so long as such uses do not unreasonably interfere with the rights herein granted. 3. This Easement is subject to all liens, encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining warranty on the part of the Grantor with respect to the Easement or the Easement Area. 4. Grantee shall comply with all applicable laws, ordinances, and regulations, including without limitation all applicable regulatory, environmental, and safety requirements, at 5. Grantee shall not use, deposit, or permit the use or deposit of any hazardous material or toxic waste or other harmful substances in, on, or about the Easement Area. 6. This Grant of Easement is made on the express condition that Grantor is to be free from all liability by reason of injury or death to persons or injury to property from whatever cause arising out of or related to the exercise of any rights granted pursuant to this Easement or use of the Easement Area, including without limitation any liability for injury or death to the person or property of Grantee or Grant invitees, or licensees or to any property under the control or custody of Grantee, by Grantee or its successors and assigns shall indemnify, defend, and hold harmless Grantor and its successors and assigns, and the directors, officers, employees, contractors, agents, and representatives of each of them, from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies of whatever nature, including reasonable Claims granted pursuant to this Easement o contractors, agents, officers, members, employees, invitees, or licensees or the general public; Claims are caused solely by the willful or grossly negligent acts of Grantor. 7. This Grant of Easement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Grant of Easement shall be of no force or effect except in a subsequent modification in writing, signed by the Party to be charged. 8. This Grant of Easement shall bind and inure to the benefit of the respective successors and assigns of the Parties hereto. Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the 2. Packet Pg. 430 12.b IN WITNESS WHEREOF, Grantor has caused its name to be affixed hereto and this instrument to be executed by its duly authorized officer and the provisions of this Grant of Easement are hereby approved and accepted by Grantee. Dated: __________________, 2020. GRANTOR: SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT \[Exhibit purposes only; not for execution\] By: ______________________________ Name: ______________________________ Its: ______________________________ Dated: __________________, 2020. GRANTEE: CITY OF SAN BERNARDINO \[Exhibit purposes only; not for execution\] By: ______________________________ Teri Ledoux City Manager \[Exhibit purposes only; not for execution\] APPROVED AS TO FORM: By: ______________________________ Best Best & Krieger LLP City Attorney \[Exhibit purposes only; not for execution\] ATTEST: By: ______________________________ Genoveva Rocha Acting City Clerk Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the \[Signature Page for Grant of Easement\] 3. Packet Pg. 431 12.b EXHIBIT LEGAL DESCRIPTION OF EASEMENT AREA \[TO BE ADDED BY ESCROW\] Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 432 12.b EXHIBIT DEPICTION OF EASEMENT AREA \[TO BE ADDED BY ESCROW\] Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 433 12.b ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On_____________________ before me, ___________________________, Notary Public, personally appeared _________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. \[Exhibit purposes only; not for execution\] _____________________________________ (Seal) Notary Public Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 434 12.b ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On_____________________ before me, ___________________________, Notary Public, personally appeared TERI LEDOUX, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. \[Exhibit purposes only; not for execution\] _____________________________________ (Seal) Notary Public Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 435 12.b PUBLIC AGENCY CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) This is to certify that the real property conveyed by the SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT of Easement dated \[***INSERT DATE***\], 2020 to the CITY OF SAN BERNARDINO, a charter city and municipal pursuant to the authority conferred by the City Council, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: __________________, 2020. GRANTEE: CITY OF SAN BERNARDINO \[Exhibit purposes only; not for execution\] By: ______________________________ Teri Ledoux City Manager Attachment: SBVMWD;San Bernardino;Hanes Park;Cooperative Agreement (200729)-c1 (6847 : Bryce Hanes Park – Agreement Between the Packet Pg. 436 12.c ASSIGNMENT AGREEMENT BETWEEN THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY AND THE CITY OF SAN BERNARDINO Agreement by and between the SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY , a joint powers authority Authority, and the CITY OF SAN BERNARDINO, a charter city and municipal corporation City, is made and entered into as of \[***INSERT DATE***\], 2020. Authority and City may be PartyParties R ECITALS A. City, San Bernardino Valley Municipal Water District District, and the Inland Valley Development Agency (IVDA) entered into that certain Joint Exercise of Powers Agreement, dated August 26, 1998 Original JPA Agreement, creating a joint powers authority Authority. B. The Original JPA Agreement was amended and restated, and IVDA was removed as a member of the Authority, by that certain Amended and Restated Joint Exercise of Powers Agreement, dated April 16Restated JPA Agreementand further amended by that certain First Amendment to Amended and Restated Joint Exercise of Powers Agreement, dated August First Amendment Joint Powers Agreement C. The intent of the Joint Powers Agreement, as amended, was to form an eligible awarded under the Proposition 84 Statewide Park Program for the construction of a municipal in the City of San Bernardino. D. Park was constructed and administered by the Authority using the Proposition 84 Statewide Park Program grant money, pursuant to that certain Contract No. C6905064, entered into on or about February 23, 2015, by and between the State of State State Contractand District has operated and maintained the Park since 2017. The State Contract is and incorporated by reference. E. The Park is located on that certain real property commonly known as 900 North E Street, City of San Bernardino, County of San Bernardino, State of California, and more 3-Park Property located in the former right-of-way vacated per Document No. 2015-0433869 of Official Records of San Bernardino County in the City of San Bernardino, County of San Bernardino, State of Easement Area F. On \[***INSERT DATE***\], City and District entered into an agreement Cooperative Agreement to provide for transfer of ownership of the Park Property from the Attachment: San Bernardino - Assignment Agreement - Bryce Hanes Park-c1 (6847 : Bryce Hanes Park – Agreement Between the City of San -1- Packet Pg. 437 12.c Authority to City, -time payment for ongoing operation and maintenance of the Park Property, Distr Project should it proceed, and the ultimate dissolution of the Authority. The Cooperative and incorporated by reference. G. Authority desires to transfer ownership of the Park Property to the City. H. Authority desires to assign its rights and obligations under the State Contract to City and City desires to assume same under the terms and conditions set forth herein. This assignment of rights and obligations is subject to State approval. NOW, THEREFORE, the Parties hereto agree as follows: 1. Incorporation. The Recitals preceding this Agreement are true and correct and incorporated into this Agreement in their entirety by this reference. 2. Assignment. Authority hereby assigns, transfers, conveys, sells, and delivers to City, all of rights, obligations and interest in the State Contract. 3. Acceptance. From and after the Closing Date, as defined in the Cooperative State Contract. 4. Consent. State hereby consents and approves to such assignment, acceptance, and assumption. State acknowledges that Authority is not in default of the State Contract as of the date of execution of this Agreement. State hereby releases Authority from its rights, obligations and interest in the State Contract. 5. Binding Nature. This Agreement and everything contained in it shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, personal representatives, successors and permitted assigns, 6. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Venue shall be in the County of San Bernardino. 7. Further Assurances. The parties hereto agree to execute such further instruments and documents and to take all actions pursuant to the provisions hereof as may reasonably be necessary and appropriate in order to timely consummate the transactions contemplated by this Agreement. 8. Counterparts. This Agreement may be executed in one or more counterparts, each of which so executed and delivered shall be deemed to be original and all of which, together, shall constitute one and the same instrument. Attachment: San Bernardino - Assignment Agreement - Bryce Hanes Park-c1 (6847 : Bryce Hanes Park – Agreement Between the City of San -2- Packet Pg. 438 12.c 9. Severability. If any term or provision or portion of any term or provision of this Agreement or the application of any such term or provision or portion of such term or provision to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision or portion of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 10. Waivers. No waiver or breach of any covenant or provision shall be deemed a waiver of any other covenant or provision, and no waiver shall be valid unless in writing and executed by the waiving Party. 11. Construction. Headings are solely for convenience of the Parties, are not a part of this Agreement and shall not be used to interpret this Agreement. The singular form shall include plural and vice versa. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties have prepared it. 12. Incorporation of Recitals. The Recitals of fact preceding this Agreement are true and correct and are incorporated into this Agreement in their entirety by this reference. 13. Entire Agreement. This Agreement contains the entire agreement of the Parties concerning the subject matter contained in this Agreement, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. There are no representations, agreements, arrangements, or understandings, oral or written, between the Parties, relating to the subject matter of this Agreement that are not fully expressed in this Agreement. 14. No Further Transfer or Assignment. The City shall have no further right to assign this Agreement without the prior written consent of the State. 15. Amendment. This Agreement may not be amended or altered except by a written instrument executed by both of the Parties; provided, however, that no amendment to this Agreement shall be valid and binding except as is acknowledged and approved by the State in writing. Attachment: San Bernardino - Assignment Agreement - Bryce Hanes Park-c1 (6847 : Bryce Hanes Park – Agreement Between the City of San -3- Packet Pg. 439 12.c SIGNATURE PAGE TO ASSIGNMENT AGREEMENT IN WITNESS WHEREOF, the Parties hereto have duly executed this Assignment Agreement effective as of the date first written above. ASSIGNEE ASSIGNOR CITY OF SAN BERNARDINO SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY By: __________________________________ By:__________________________________ Teri Ledoux, City Manager \[**INSERT NAME***\], General Manager APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: By:___________________________________ By:_________________________________ Best Best & Krieger LLP, City Attorney \[***INSERT NAME***\], General Counsel ATTEST: ATTEST: By:____________________________________ By:__________________________________ Genoveva Rocha, Acting City Clerk \[***INSERT NAME***\], Clerk of the Board CONSENT OF STATE DEPARTMENT OF PARKS AND RECREATION IN COMPLIANCE WITH SECTION II.M OF THE STATE CONTRACT By: __________________________________ \[***INSERT NAME***\] \[***INSERT POSITION***\] Attachment: San Bernardino - Assignment Agreement - Bryce Hanes Park-c1 (6847 : Bryce Hanes Park – Agreement Between the City of San -4- Packet Pg. 440 12.c STATE CONTRACT NO. C6905064 \[ATTACHED\] Attachment: San Bernardino - Assignment Agreement - Bryce Hanes Park-c1 (6847 : Bryce Hanes Park – Agreement Between the City of San -5- Packet Pg. 441 12.c COOPERATIVE AGREEMENT BETWEEN CITY AND DISTRICT \[ATTACHED\] Attachment: San Bernardino - Assignment Agreement - Bryce Hanes Park-c1 (6847 : Bryce Hanes Park – Agreement Between the City of San -6- Packet Pg. 442 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 443 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 444 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 445 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 446 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 447 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 448 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 449 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 450 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 451 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 452 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 453 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 454 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 455 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 456 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 457 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 458 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 459 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 460 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 461 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 462 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 463 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 464 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 465 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 466 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 467 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 468 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 469 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 470 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 471 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 472 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 473 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 474 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 475 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 476 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 477 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 478 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 479 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 480 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 481 12.d Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes Park – Agreement Between the City of Packet Pg. 482 Attachment: Attachment - Fully executed Amended and Restated JPA Agreement (6847 : Bryce Hanes 12.d Packet Pg. 483 13 Consent Calendar City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Edelia Eveland, Director of Human Resources Subject: Health Benefits Plan Year 2021 Recommendation Adopt Resolution No. 2020-179 of the Mayor and City Council of the City of San Bernardino, California, approving the City health benefit plan options for plan year 2021. Background On August 7, 2019, the Mayor and City Council adopted Resolution No. 2019-253, Discussion On July 9, 2020 and July 20, 2020 Human Resources staff and our Health Benefits Broker Alliant, met with the Health Benefits Committee including representatives from the San Bernardino Confidential/Management Association (SBCMA), Middle International Union of Operating Engineers Local 12 (IUOE), San Bernardino Police Association (SBPOA) regarding the health benefits renewal plan options for plan year 2021. Benefit renewal plan options included medical, dental, vision, life and disability. Medical plan design will remain unchanged from the current plan year, while the insurance premiums will increase by approximately 0.8%. This has been the lowest plan increase in the last five (5) years that the City has experienced. Dental, vision, life and disability benefits are experiencing a rate guarantee for plan year 2021; therefore, premiums for these benefits will remain unchanged for 2021. The Health Benefits Committee reviewed medical, dental, vision, life and disability plan options and premiums to provide the best options available to our employees at the best price. The determination was made to keep the same plan design options effective January 1, 2021. Plan design options (minimum essential coverage) and employee out- of-pocket costs (affordability) continue to meet the employer mandated Affordable Care Act (ACA) requirements. City contributions for employee groups are established by the provisions in their respective Memorandum of Understanding (MOU). City contributions for plan year 2021 remain unchanged at this time, as contract negotiations remain open with each bargaining unit for successor agreements. Packet Pg. 484 Page 1 13 6817 2020-2025 Key Strategic Targets and Goals Approving the City health benefit plan options for plan year 2021, aligns Key Target No. 1: Financial Stability. Fiscal Impact There is sufficient funding in the FY 2020/21 Adopted Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-179, approving the City health benefit plan options for plan year 2021. Attachments Attachment 1 Resolution 2020-179 Attachment 2 Renewal Summary Ward: N/A Synopsis of Previous Council Actions: August 7, 2019 Mayor and City Council adopted Resolution No. 2019-253, approving the employer paid health benefit contributions for benefit plan year 2020 and election of Mayor and City Council to receive the same benefit plan as the management/confidential bargaining unit. Resolution No. 2019-285, an amendment to Resolution No. 2019-253 was approved on September 4, 2019 to correct the Middle Management health benefit contribution. September 4, 2019 Mayor and City Council approved and adopted the amendment to Resolution No. 2019-253, updating Middle Management health benefit contributions amounts as set forth in Memorandum of Understanding (MOU). Packet Pg. 485 Page 2 13.a Resolution No. 2020-179 RESOLUTION NO. 2020-179 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING HEALTH BENEFIT PLAN OPTIONS FOR PLAN YEAR 2021 WHEREAS, on July 9, 2020 and July 20, 2020, Human Resources staff and Health Benefit Broker Alliant, met with the Health Benefits Committee including representatives from the San Bernardino Confidential/Management Association (SBCMA), Middle Management Employee Operating Engineers Local 12 (IUOE), San Bernardino Police Management Association (SBPMA) and regarding the health benefits renewal plan options for plan year 2021; and WHEREAS, medical plan design will remain unchanged from the current plan year, while insurance premiums will increase approximately 0.8%; and WHEREAS, dental, vision, life and disability benefits are experiencing a rate guarantee for plan year 2021; and WHEREAS, The Health Benefits Committee reviewed medical, dental, vision, life and disability plan options and premiums to provide the best options available to employees; and WHEREAS, the determination was made to keep the same design options effective January 2021; and WHEREAS, plan design options (minimum essential coverage) and employee out-of- pocket costs (affordability) continue to meet the employer mandated Affordable Care Act (ACA) requirements. 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 health benefit plan options for plan year 2021 are hereby approved. SECTION 3. City contributions for employee groups were negotiated and are established by the provisions in their respective Memorandum of Understanding (MOU). City Attachment: HR.Health Benefits Plan Year 2021.Resolution (6817 : Health Benefits Plan Year 2021) contributions for plan year 2021 remain unchanged at this time, as contract negotiations remain open with each bargaining unit for successor agreements. SECTION 4. 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 Packet Pg. 486 13.a Resolution No. 2020-179 environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of August 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: HR.Health Benefits Plan Year 2021.Resolution (6817 : Health Benefits Plan Year 2021) Packet Pg. 487 13.a Resolution No. 2020-179 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: HR.Health Benefits Plan Year 2021.Resolution (6817 : Health Benefits Plan Year 2021) Packet Pg. 488 Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 489 , Inc. CA License No. 0C36861 ces PRISM Kaiser: Actives – Medical © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 490 , Inc. CA License No. 0C36861 ces PRISM Kaiser: Early Retirees – Medical © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 491 , Inc. CA License No. 0C36861 ces Full Network: Actives – PRISM Anthem – © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Medical Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 492 , Inc. CA License No. 0C36861 ces Full Network: Early Retirees – PRISM Anthem – © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Medical Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 493 , Inc. CA License No. 0C36861 ces Select Network: Actives – PRISM Anthem – Medical © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 494 , Inc. CA License No. 0C36861 ces Select Network: Early Retirees – PRISM Anthem – © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Medical Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 495 , Inc. CA License No. 0C36861 ces PPO: Actives – PRISM Anthem – Medical © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 496 , Inc. CA License No. 0C36861 ces PPO: Early Retirees – PRISM Anthem – Medical © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 497 , Inc. CA License No. 0C36861 ces Delta Care PRISM HMO – Dental © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 498 , Inc. CA License No. 0C36861 ces Base and Buy Up – Delta Dental PRISM PPO – © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Dental Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 499 , Inc. CA License No. 0C36861 ces Base and Buy Up – EyeMed – Vision © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 500 , Inc. CA License No. 0C36861 ces Mutual of Omaha – Basic Life/AD&D © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 501 , Inc. CA License No. 0C36861 ces Mutual of Omaha – Short Term Disability © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 502 , Inc. CA License No. 0C36861 ces Mutual of Omaha – Long Term Disability © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 503 , Inc. CA License No. 0C36861 ces Mutual of Omaha – Voluntary Life © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi Attachment: HR.Health Benefits Renewal Summary (6817 : Health Benefits Plan Year 2021) 13.b Packet Pg. 504 , Inc. CA License No. 0C36861 ces Mutual of Omaha – Voluntary AD&D © 2020 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi 14 Consent Calendar City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Edelia Eveland, Director of Human Resources Subject: Risk Management Excess General Liability Insurance Program Outcome and Option Selected Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the selection of a provider for excess general liability insurance. Background On June 19, 2019, the Mayor and City Council adopted Resolution No. 2019-68, authorizing the City Manager to purchase stand-alone commercial coverage for excess iability broker Aon; with a self-insured retention (SIR) of $5 million for Fiscal Year (FY) 2019-2020. On June 17, 2020, the Mayor and City Council adopted Resolution No. 2020-131, authorizing the City Manager to purchase both a 30-day extension to the current excess liability policies for the extended term of coverage from July 1, 2020 to July 31, 2020 and Management (PRISM) formerly California State Associate of Counties Excess Insurance Authority (CSAC-EIA). On July 15, 2020, the Mayor and City Council adopted Resolution No. 2020-176, through Alliant for the term beginning August 1, 2020 and ending July 31, 2021 for property and cyber liability coverage, and authorized staff to continue exploring options for containing excess general liability insurance costs and to bring back an update of the outcome and insurance option selected. Resolution No. 2020-176 also authorized the City Manager to procure excess liability insurance coverage at a cost of up to $3.5 million. Discussion (Aon) assisted with the evaluation of various policy limits, and self-insured retention options to secure excess liability coverage in the current insurance marketplace on Packet Pg. 505 Page 1 14 6853 determination not to renew coverage with the City. Allied provides the City excess liability insurance coverage in the amount of $5 million for the first layer of insurance available to the City beyond the current self-insured retention rate of $5 million. Instead, what Allied offered was a 30-day extension of our existing policy to allow the City an -day extension of the existing policies through July 31, 2020, which provide a total of $30 million in excess insurance. The total cost for the 30-day extensions was $47,509͵ The City has purchased insurance policies through Aon, broker of record for six years. Aon is responsible for marketing and negotiating quotes with numerous insurance carriers in an effort to secure the best coverage at the best price. Aon solicited quotes from 28 carriers to obtain excess liability insurance coverage for the City. The current insurance market has faced many obstacles such as capacity restrictions meaning there are fewer firms writing policies for public agencies and those that are writing are doing so for less coverage, perceived jury verdicts for police related claims, the current uncertainty of COVID-19, and the recent protests have exacerbated the insurance market. Requests for quotes were submitted to our current insurance carriers and a variety of other carriers to explore and review available options. All the excess general liability insurance carriers Aon approached declined to provide a and the current climate in California for tort claims and perceived jury verdicts. efforts with quote solicitations to explore coverage options for the City, staff approached other markets and carriers to secure coverage. Notable carriers staff approached directly are California Joint Powers Insurance Authority (CALJPIA), Association of Governmental Risk Pools (AGRIP), Municipal Insurance Cooperative (MIC), Public Agency Risk Sharing Authority of California (PARSAC), Public Entity Risk Management Authority (PERMA), Independent Cities Risk Management Authority (ICRMA), and Alliant Insurance Services, Inc. (Alliant). Two insurance providers expressed interest in Alliant's pooled insurance carrier PRISM expressed concern over the reliability of our loss data and requested an audit, indicating that larger claims would have settled for a much higher amount, if not for the bankruptcy proceedings and the plan of adjustment. After reviewing the audited files, PRISM was able to offer a premium quote not to exceed $3.5 million. Staff continued to work diligently to ensure excess insurance carriers were in position to provide a premium quote based on factual financial data, existing operational controls, and detailed loss history information. This required significant engagement and time commitment to strategically place the City in a position to receive two proposals for less than the anticipated not to exceed amount of $3.5 million. Of the two proposals, the lowest cost option presented was available through Alliant for a prorated premium of $1,050,000. The coverage option provides $25 million of insurance in excess of a $5 million self-insured retention rate. Packet Pg. 506 Page 2 14 6853 Staff's diligence and commitment to the insurance review and renewal process resulted in a proposal that is $2.45 million less than the authorized amount of $3.5 million that was approved during the July 15, 2020 Mayor and City Council Meeting. As a result, the City no longer has a need to use General Fund reserves to cover the cost of securing excess insurance. Staff selected the lowest cost option for excess coverage through Alliant, and the City is now insured with PRISM through July 1, 2020. PRISM's proposal was within the FY 2020/21 adopted budget allocated for insurance premiums. 2020-2025 Key Strategic Targets and Goals aligns with Key Target No. 1: Financial Stability. Fiscal Impact The adopted Fiscal Year 2020/21 Operating Budget included the funding required for excess liability insurance under the terms of the proposal with PRISM. Therefore, the amendment to the FY 2020/21 Adopted Budget in the amount of $2,113,229, which was approved by the Mayor and Council under Resolution No. 2020-176 on July, 15, 2020, to be appropriated into the Liability Insurance Fund, Account Number 629-110-0056- 5161 from the General Fund Reserves, will not be required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the selection of a provider for excess general liability insurance. Attachments Attachment 1 Proposal Ward: N/A Synopsis of Previous Council Actions: June 19, 2019 Mayor and City Council adopted Resolution No. 2019-68, compensation (EWC) insurance with California State Association of Counties Excess Insurance Authority (CSAC-EIA) and stand-alone commercial coverage for excess liability insurance for Fiscal Year 2019/20. July 17, 2019 Mayor and City Council adopted Resolution No. 2019-176, terrorism, difference in condition (DIC) and cyber security insurance policies for policy term July 31, 2019 to July 31, 2020. June 17, 2020 Mayor and City Council adopted Resolution No. 2020-131, authorizing the City Manager to purchase both a 30-day extension to the current excess liability policies for the extended term of Packet Pg. 507 Page 3 14 6853 insurance through Public Risk Innovation, Solutions, and Management (PRISM) formerly California State Associate of Counties Excess Insurance Authority (CSAC-EIA). July 17, 2020 Mayor and City Council adopted Resolution No. 2020-176 policies negotiated through Alliant for the term beginning August 1, 2020 and ending July 31, 2021 for: (1) a pro-rated premium not to exceed $820,190 for property insurance for the term beginning August 1, 2020 and ending March 31, 2021; (2) for a premium not to exceed $6,350 for cyber liability insurance for the term beginning August 1, 2020 and ending July 1, 2021; and (3) for a premium not to exceed $3,500,000 for excess liability insurance; AND authorizing an amendment to the FY 2020-21 Adopted Budget in the amount of $2,113,229 to be appropriated into the Liability Insurance Fund, Account Number 629-110-0056-5161, from the General Fund Reserves and authorize staff to continue exploring options for containing excess general liability insurance costs and to bring back an update in August of the outcome and option selected. Packet Pg. 508 Page 4 14.a PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM) GENERAL LIABILITY PROGRAM 2 (GL2) PROPOSAL City of San Bernardino ENTITY NAME July 30, 2020to July 1, 2021 COVERAGETERM Public Risk Innovation, Solutions, and Management (PRISM) with COMPANIES AFFORDING reinsurance provided by(see below Schedule of Insurers) COVERAGE Per the Public Risk Innovation, Solutions, and Management (PRISM) COVERAGE PROVIDED GeneralLiability 2 Program(GL2)Memorandum of Coverageand follow form excess (occurrence forms) including: Bodily Injury Personal Injury Property Damage Public Officials Errors and Omissions Automobile Liability Contractual Liability Employment Practices Liability Non-Owned Aircraft Liability $25,000,000Per occurrence, offense or wrongful act and annual LIMITSOF LIABILITY aggregateas respects completed operationsinclusive of the self-insured retention. See attached Schedule of Coverage Providers. As Respects all Layers: Occurrence and aggregatelimits apply separately by layer per participating member and per member of a participating Joint Powers Authority Defense Costs erode all limits and retentions Annual aggregate applies to each layer as respects completed operations (see attached Schedule of Coverage Providers) $ 5,000,000 peroccurrence, offense or wrongful act SELF-INSURED RETENTION Self-insured retention is eroded by defense costs Airports/Aircraft MAJOR EXCLUSIONS Health Care Professional Liability (Including but not limited Inverse Condemnation/Eminent Domain to) Failure to Supply Property Damage arising from Subsidence Nuclear Material Pollution Dam Failure Asbestos Fixed Route Transit Punitive Damages NOTE: THIS PROPOSALIS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT AMEND, EXTEND OR ALTER THE POLICYFORMIN ANY WAY. PLEASE REFER TO THE POLICY FORM FOR COMPLETE COVERAGE AND EXCLUSION INFORMATION Attachment: 2021_GL2 Proposal_City of San Bernardino_062920 (6853 : Risk Management Excess General Liability Insurance Program Alliant Insurance Services, Inc.1301 Dove Street Suite 200Newport Beach,CA92660 PHONE (949) 756-0271 www.alliantinsurance.com License No. 0C36861 Page 1 of 5 Packet Pg. 509 14.a PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM) GENERAL LIABILITY PROGRAM 2 (GL2) PROPOSAL Fiduciary Liability ERISA MAJOR EXCLUSIONS Care Custody and Control (Including but not limited Benefits payable under an employee benefit plan to) Non-monetary damages continued Breach of Contract Unlawful Discrimination intentionally committed by, at the direction of, or with the consent of the Covered Party Violation of Economic or Trade Sanctions Strip Search (limited) Violation of Communication or Information Law Any Wrongful Incarceration claim where the arrest and conviction occurred while the member was not a participant in the program Organic Pathogen exclusion In-house counsel defense costs Cyber liability $53,961,498 ESTIMATED ANNUAL PAYROLL ANNUALPREMIUM$5,000,000 SIR $950,430Excess and Reinsurance Layers Premium 47,650PRISM Administration Fee 52,522Alliant Broker Fee $1,050,602Total Estimated AnnualPremium Premium includes a $1,000 annual Risk Management subsidy Premium includes a $2,000 actuarial subsidy Premium includes cost for claim audit requirement Premium to be prorated for 7/30/20 to 7/1/21 coverage term Terms and Conditions subject to change CONDITIONS Confirmationof Named Insureds Receipt of the executed General Liability 2 Memorandum of Understanding prior to binding Receipt of completed and signed Authorization to Obtain Loss Data form prior to binding Receipt of completed and signed2020/2021 General Liability application Receipt of recent claims audit completed within the last 3 years and to be completed every 3 years thereafter Provide full historical loss data based on PRISM’s guidelinesno later than August 15, 2020 and on a monthly basis thereafter NOTE: THIS PROPOSALIS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT AMEND, EXTEND OR ALTER THE POLICYFORMIN ANY WAY. PLEASE REFER TO THE POLICY FORM FOR COMPLETE COVERAGE AND EXCLUSION INFORMATION Attachment: 2021_GL2 Proposal_City of San Bernardino_062920 (6853 : Risk Management Excess General Liability Insurance Program Alliant Insurance Services, Inc.1301 Dove Street Suite 200Newport Beach,CA92660 PHONE (949) 756-0271 www.alliantinsurance.com License No. 0C36861 Page 2of5 Packet Pg. 510 14.a PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM) GENERAL LIABILITY PROGRAM 2 (GL2) PROPOSAL ALLIANT INSURANCE SERVICES, INC. BROKER Gordon DesCombes, Executive Vice President Nazie Arshi, Senior Vice President Tom E. Corbett, Senior Vice President Kevin Bibler, Senior Vice President Robert Lowe, First Vice President Rhiannon Cabral, Program Specialist Lead July 29, 2020 PROPOSALDATE NOTE: THIS PROPOSALIS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT AMEND, EXTEND OR ALTER THE POLICYFORMIN ANY WAY. PLEASE REFER TO THE POLICY FORM FOR COMPLETE COVERAGE AND EXCLUSION INFORMATION Attachment: 2021_GL2 Proposal_City of San Bernardino_062920 (6853 : Risk Management Excess General Liability Insurance Program Alliant Insurance Services, Inc.1301 Dove Street Suite 200Newport Beach,CA92660 PHONE (949) 756-0271 www.alliantinsurance.com License No. 0C36861 Page 3of5 Packet Pg. 511 Attachment: 2021_GL2 Proposal_City of San Bernardino_062920 (6853 : Risk Management Excess 14.a and . For ypes of ted from Packet Pg. 512 surance you proposal , including but not 5 www.ambest.com of 4 ole discretion, modify, or Page proposal them at . ion to accept or reject a particular ta and loss experience, is based uantitative and qualitative analysis of ng your insurance coverage, please owever, guarantee the solvency of any IN ANY WAY. PLEASE REFER TO THE POLICY 92660 hat may give rise to a claim under any policy depth technical understanding of all aspects of FORM - CA , Beach does not reflect any independent study or investigation www.standardandpoors.com Newport Attention: General Counsel, 701 B Street, 6th Floor, San Diego, License No. 0C36861 . For a copy of our policy or for any inquiries regarding compensation e typically rely upon rating agencies for this type of market analysis. r any loss or damage arising from the financial failure or insolvency of proposal For specific information regardi Suite 200 www.alliant.com PROPOSAL www.alliantinsurance.com 1301 Dove Street Standard and Poor's website at 0271 , Inc.- ady been accepted. GENERAL LIABILITY PROGRAM 2 (GL2) FORM FOR COMPLETE COVERAGE AND EXCLUSION INFORMATION PHONE (949) 756 Alliant Insurance Services is also expressly conditioned on there being no material change in the risk between the date of this PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM) proposal ransparency with respect to its compensation from insurance transactions. Details on our compensation policy, including the t . Alliant Insurance Services, Inc. will not be liable for any claims arising from or related to information included in or omit whether or not this offer has alre all performance and financial strength is a task that requires specialized skills and inarding insurer financial strength ratings visit , - IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT AMEND, EXTEND OR ALTER THE POLICY n more about companies doing business in your state, visit the Department of Insurance website for that state. ilable in formulating their ratings. of insurance is provided as a matter of convenience and information only. All information included in this is not confirmation of insurance and does not add to, extend, amend, change, or alter any coverage in any actual policy of in proposal of insurance PROPOSAL To lear All existing policy terms, conditions, exclusions, and limitations apply. this 01. proposal proposal se be advised that this proposal 921 NOTE: THIS his Tlimited to personal and real property values, locations, operations, products, data, automobile schedules, financial daon facts and representations supplied to Alliant Insurance Services, Inc. by you. This by Alliant Insurance Services, Inc. or its agents and employees.Pleathe inception date of the proposed policy (including the occurrence of any claim or notice of circumstances twhich the policy being proposed is a renewal or replacement). In the event of such change of risk, the insurer may, at its swithdraw This may have.refer to the policy itself.thisAlliant embraces a policy of tincome that Alliant may earn on a placement, are available on our website at issues pertaining to your account you may also contact us at: Alliant Insurance Services, Inc.,CAAnalyzing insurers' overinsurance company finances and operations. Insurance brokerages such as Alliant InsurancBoth A.M. Best and Standard and Poor's have been industry leaders in this area for many decades, utilizing a combination of qthe information avaA.M. Best has an extensive database of nearly 6,000 Life/Health, Property Casualty and International companies. You can visitadditional information regOur goal is to procure insurance for you with underwriters possessing the financial strength to perform. Alliant does not, hunderwriters with which insurance or reinsurance is placed and maintains no responsibility foany insurer. We encourage you to review the publicly available information collected to enable you to make an informed decisunderwriter. Attachment: 2021_GL2 Proposal_City of San Bernardino_062920 (6853 : Risk Management Excess 14.a Everest Re A+ (Stable)A+ (Stable) Standard & Packet Pg. 513 A+ (Positive) Greenlight Re Not ApplicableNot Applicable Poor’s Rating Safety National Great American 5 of 5 Page ancial Size Category XV IN ANY WAY. PLEASE REFER TO THE POLICY (Excellent) Financial Size Everest Re - A.M. Best’s Guide Rating A Not Applicable Safety National Great American 92660 FORM ($2,000,000 or greater) CA , ($2,000,000,000 or greater)($2,000,000,000 or greater) Beach A+ (Superior); Financial Size Category XV Greenlight ReA+ (Superior); Fin A+ (Excellent); Financial Size Category XV Category IX ($250,000,000 to $500,000,000) Newport License No. 0C36861 Suite 200 PRISM Everest Re (reinsurance)(reinsurance)(reinsurance)(reinsurance) Greenlight Re Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Safety National Great American California Status www.alliantinsurance.com 1301 Dove Street wrongful excess of nnual 0271 , Inc.- excess of (limit is excess of offense, , offense, or any combination or any combination as the result of any completed , offense, 2020/2021 SCHEDULE OF INSURERS GENERAL LIABILITY PROGRAM 2 (GL2) subject to a $10,200,000 Limit FORM FOR COMPLETE COVERAGE AND EXCLUSION INFORMATION egate group corridor occurrence, occurrence or any combination thereof, ,000,000 PHONE (949) 756 nnual aggregate as respects the $10,000,000 as the result of any onewrongful act,thereof,aggrretention for all Program members combined (corridor applicable to Great American and Everest’s participation only). Acompleted operations hazard. difference between $10M and member’s retention)retention as the result of any one occurrenceactless any exhausted member corridor retention. Aaggregate as respects the completed operations hazardUltimate net loss Ultimate net loss operations hazard. Ultimate net loss$15onewrongful act,thereof, and annual aggregate as respects the Alliant Insurance Services ,000,000 ,000,000 PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM) 10 $ 5$ $10,000,000 IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT AMEND, EXTEND OR ALTER THE POLICY PROPOSAL Coverage Great American Companies Affording : NOTE: THIS Public Risk Innovation, Solutions, and Management (PRISM) With reinsurance provided byInsurance Company(42.5%), Everest Reinsurance Company (42.5%) and Greenlight Reinsurance LTD (15%)With reinsurance provided by Safety National Casualty Corporation 15 Consent Calendar City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Eric McBride, Acting Chief of Police Subject: Agreement for Deceased Animal Removal Services Recommendation Adopt Resolution No. 2020-180 of the Mayor and City Council of the City of San Bernardino, California, authorizing an agreement between the City of San Bernardino and TLC Animal Removal Services and a Purchase Order in the amount of $48,000 for removal and disposal of deceased animals Background An important function of the animal shelter is removal and disposal of deceased animals. Dead animals are removed weekly from cold storage at the shelter and disposed of in an environmentally sound manner. The City has contracted for disposal services of deceased animals with the same company for over ten years. D&D Disposal was the only vendor in the southern California region that provided this very specialized service. The typical annual cost for disposal services was less than $25,000. Staff was notified in January 2020 that D&D Disposal will discontinue providing services and will be closing their business by the end of June 2020. Staff contacted four other agencies in the surrounding cities to determine if alternative options exist for disposal services. All the agencies that were contacted either used D&D Disposal or have services proved by their respective city. Burrtec Waste Management was contacted but could not provide a viable solution. Discussion On June 26, 2020, Formal Bid F-20-30 was released publicly to all prospective bidders. A single bid from TLC Animal Removal Service was received on July 13, 2020. RFP and bid results are attached hereto as Attachment 2. The annual cost bid for removal and disposal services is $48,000 per year. Staff is requesting execution of a Professional Services Agreement between the City of San Bernardino and TLC Animal Removal Services for a three year period and a Purchase Order in an amount not to exceed $48,000 for FY 2020/21 and each subsequent contract year. The total contract amount for three years through June 30, 2023, will be $144,000. Packet Pg. 514 Page 1 15 6837 2020-2025 Key Strategic Targets and Goals The removal and disposal of dead animal carcasses in a safe and responsible manner aligns with Key Target No. 1d: Minimize risk and litigation exposure. Fiscal Impact The financial impact to the City is $48,000. There is sufficient funding in the FY 2020/21 Adopted Budget in account number 124-210-0001*5505. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-180 authorizing an agreement between the City of San Bernardino and TLC Animal Removal Services and a Purchase Order in the amount of $48,000 for removal and disposal of deceased animals. Attachments Attachment 1 Resolution 2020-- Professional Services Agreement Attachment 2 RFP-F20-30 with Bid Results Ward: N/A Synopsis of Previous Council Actions: None Packet Pg. 515 Page 2 15.a RESOLUTION NO. 2020-180 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TLC ANIMAL REMOVAL SERVICES AND AUTHORIZING A PURCHASE ORDER IN THE AMOUNT OF $48,000 FOR REMOVAL AND DISPOSAL OF DECEASED ANIMALS WHEREAS, TLC Animal Removal Services was the sole bidder through formal bid F- 20-30 submitted July 13, 2020; and WHEREAS, it has been determined that TLC Animal Removal Services is the best and most advantageous vendor for the City. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute a Professional Services ARemoval Services and the City of San Bernardino. SECTION 3. The Director of Finance is hereby authorized to issue a purchase order to TLC Animal Removal Services for animal removal and disposal services in an amount not to exceed $48,000. SECTION 4. 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 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. Attachment: PD-Agreement for Animal Disposal Services. Reso (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 516 15.a Resolution No. 2020-180 John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: PD-Agreement for Animal Disposal Services. Reso (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 517 15.a Resolution No. 2020-180 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: PD-Agreement for Animal Disposal Services. Reso (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 518 15.b PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TLC ANIMAL REMOVAL SERVICES This Agreement is made and entered into as of ______, 2020 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 TLC Animal Removal Services, a Sole Proprietorship with its principal place of business at 9548 Casanes Ave., Downey, CA 90240 (hereinafter hereinafter sometimes referred to individually the RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Dead animal removal and disposal services 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. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 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 a 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreeme performance of this Agreement. Consultant 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 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $48,000 per fiscal year. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) 1 Packet Pg. 519 15.b services which have been com 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 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. 6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2023. 7. Maintenance of Records; Audits. a. Records of Consulta 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. 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 but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances 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. Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) 2 Packet Pg. 520 15.b 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. 11. Standard of Care. 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. 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 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 so assign or so 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. 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. a. Additional Insured Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) 3 Packet Pg. 521 15.b The City of San Bernardino, its officials, officers, employees, agents, and 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. c. Automobile Liability Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) 4 Packet Pg. 522 15.b (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. (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 -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 indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the e 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 designated in the policy must specifically include work performed under this Agreement. The duty to defend. f. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) 5 Packet Pg. 523 15.b Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (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. g. Evidence Required 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 equivalent- 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. h. 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 nd 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. Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) 6 Packet Pg. 524 15.b (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 City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. 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. j. 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. Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) 7 Packet Pg. 525 15.b (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. k. 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 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, (collective) 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 , or this Agreement, including fees and other related costs and expenses. Notwithstanding the foregoing, to the extent limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 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. b. Additional Indemnity Obligations. Consultant shall defend, with counsel this section that may be brought or instituted against the City, its elected and appointed officials, employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) indemnity herein provided. Consultans obligation to indemnify shall not be restricted to 8 Packet Pg. 526 15.b insurance proceeds, if any, received by the City, its elected and appointed officials, employees, agents, or authorized volunteers. 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 Services are being performed as part of an applicable 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 subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the Servic 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 Industrial Relations. It shall be 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 Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) 9 Packet Pg. 527 15.b 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 substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. . 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 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 C in 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 and/or explanation Agreement at no additional cost to City. In the event that an error or omission attributable to 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 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, (to be determined), 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: Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) 10 Packet Pg. 528 15.b CITY: CONSULTANT: City of San Bernardino TLC Animal Removal Services Vanir Tower, 290 North D Street 9548 Casanes Ave San Bernardino, CA 92401 Downey, CA 90240 Attn: Teri Ledoux, City Manager Attn: Armando Martin Jr, Owner With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney 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. T, 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 Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) authorized representative of the Party against whom enforcement of a waiver is sought. The 11 Packet Pg. 529 15.b 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. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. . 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. \[SIGNATURES ON FOLLOWING PAGE\] Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) 12 Packet Pg. 530 15.b SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TLC ANIMAL REMOVAL SERVICES IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO CONSULTANT Approved By: Signature Teri Ledoux City Manager Name Approved as to Form: Title Sonia Carvalho City Attorney Attested By: Genoveva Rocha, CMC, Acting City Clerk Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) 13 Packet Pg. 531 15.b EXHIBIT A THIS PAGE INTENTIONALLY LEFT BLANK Attachment: PD-Agreement for Animal Disposal Services.ExhibitA \[Revision 1\] (6837 : Agreement for Deceased Animal Removal Services) 14 Packet Pg. 532 15.c REQUEST FOR PROPOSALS FOR PICKUP, TRANSPORT, AND DISPOSAL OF DEAD ANIMALS FROM THE SAN BERNARDINO ANIMAL SHELTER CITY OF SAN BERNARDINO Released on June 26, 2020 Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 533 15.c SECTION I. INSTRUCTIONS TO BIDDERS Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 534 15.c I. INSTRUCTIONS TO BIDDERS A. Examination of Bid Documents 1. By submitting a bid, the Bidder represents that it has thoroughly examined and become familiar with the items required under this RFQ and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetermined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFQs and/or response. B. Addenda The City reserves the right to amend this RFQ prior to the Proposals due date. All amendments and additional information will be posted to Planetbids found under the San Bernardino Purchasing page, www.sbcity.org request for bids; bidders should check this web page daily for new information. C. Submitting Requests All questions, clarifications or comments must be submitted via the Planetbids.com website no later than 3:00 p.m (P.S.T) on July 2, 2020. https://www.planetbids.com/portal/portal.cfm?CompanyID=39495 D. City Responses Responses from the City will be posted to the Planetbids website, https://www.planetbids.com/portal/portal.cfm?CompanyID=39495 by July 7, 2020. E. Submission of Proposals Complete written Proposals must be submitted electronically in PDF file format via the Planetbids.com website no later than 3:00 p.m. (P.S.T) on July 13, 2020. Please allow time for system to process your bid. Proposals will not be accepted after this deadline. Faxed or e-mailed Proposals will not be accepted. The web site may be accessed here: https://www.planetbids.com/portal/portal.cfm?CompanyID=39495 Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 535 15.c Acceptance of Bids a. The City reserves the right to accept or reject any and all bids, or any item or part thereof, or to waive any informalities or irregularities in bids. b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder responding to this RFQ. c. The City reserves the right to postpone the bid due date for its own convenience. F. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder in: 1. preparing its bid in response to this RFQ; 2. submitting the bid to City; 3. negotiating with City any matter related to this bid; or 4. any other expenses incurred by the Bidder prior to date of award, if any of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid. G. Contract Award Issuance of this RFQ and receipt of bids does not commit the City to award a Purchase Order. The City reserves the right to postpone bid opening for its own convenience, to accept or reject any or all bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City also reserves the right to apportion the award among two or more Bidders. H. Acceptance of Order The successful Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids, and the RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) written purchase order. Packet Pg. 536 15.c I. Business License siness doing business with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 537 15.c SECTION II. SCOPE OF SERVICES Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 538 15.c 1. BACKGROUND San Bernardino, founded in 1810, serves as the county seat and is the largest city in the County of San Bernardino San Bernardino, with a population of over 216,000. The City is located approximately 60 miles east of Los Angeles, 120 miles northeast of metropolitan San Diego, and 55 miles northwest of Palm Springs, adjacent to the cities of Highland, Redlands, Loma Linda, Colton, and Rialto. 1,049 feet above sea level and encompasses approximately 62 square miles. licensing services. During the last five (5) years, the shelter received an average of 7,801.8 animals a year. Additionally, the City has disposed of an average of 1,933 animals annually. The table below illustrates the past four fiscal years of dead animal disposal required by the City. FISCAL YEAR TOTAL DEAD ANIMALS 2015/2016 1,659 2016/2017 1,599 2017/2018 2,030 2018/2019 2,443 STATEMENT OF WORK The City of San Bernardino is seeking vendors to provide dead animal disposal services to pickup, transport, and dispose of dead animals from the City of San Bernardino Animal Shelter. Requirements: Dead Animal Disposal Services shall include but not be limited to the following: Scheduled pickup of dead animals The vendor will provide the appropriate number of weekly pick-ups based on the average quantity of dead animals reported above. Disposal services Provide and maintain appropriate storage containers for dead animals Provide and maintain appropriate freezers for the sanitary storage of dead animals between pickups Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Provide Special Services not limited to: Packet Pg. 539 15.c o Disposal of large dead animals o Pickup from non-shelter locations including unstable terrain and in inclement weather. o Unscheduled pickups due to unexpected needs Provide a project manager to act as a central point of contact. Provide reports which include quantity of dead animal pickups, quantity of containers picked up. The vendor is required to research and abide by all applicable laws and regulations including but not limited to, Federal, State, and local legal requirements. The vendor will provide an emergency stth All Vendors should provide quotes for services from August 1, 2020 to June 30, 2021. Additionally, a quote should be provided for an option of extending the terms of the stth contract through the next two fiscal years starting July 1 and ending on June 30 of each year. Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 540 15.c SECTION III. BID CONTENT & PRICE FORM Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 541 15.c A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; c. acknowledgment of receipt of all RFQ addenda, if any; d. name, title, address and telephone number of contact person during period of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the date of submittal. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, n the Technical Specifications form, and or contractual requirements, these should be thoroughly explained. 3. Qualifications, Related Experience and References of Bidder The information requested in this section should describe the qualifications of the firm, key staff and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: a. Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work. b. A summary of your firms demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal. Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 542 15.c c. Provide at least five local references that received similar services from your firm. The City of San Bernardino reserves the right to contact any of the organizations or individuals listed. Information provided shall include: Client Name Project Description Project start and end dates Client project manager name, telephone number, and e-mail address This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder shall: A. provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; B. describe the firm's experience in performing work of a similar nature to that solicited in this RFQ: C. provide, as a minimum, three (3) references from current customers of a similar size as the City as related experience; reference shall furnish the name, title, email, address and telephone number of the person(s) and the client organization who is most knowledgeable about the work performed. Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 543 15.c 4. Appendices Information considered by Bidder to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a bid, Bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. C. COST AND PRICE FORMS Bidder shall complete the Cost/Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of signature. Bidder shall state cash discounts offered. Unless discount payment terms are discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 544 15.c PRICE FORM Provide pricing that is a Firm Fixed Fee. Project Overall Cost Summary FAILURE TO COMPLETE COST SHEET WILL INVALIDATE BID 1. Dead Animal Disposal Services $_________________________ 2. 1-Year Extension $_________________________ nd 3. 2- Year Extension $_________________________ Grand Total: $ ____________________________ Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No . (c Please indicate any elements of the Technical Specifications that cannot be met by your firm. Have you included in your bid all informational items and forms as requested? Yes / No : Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 545 15.c Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. This bid has been reviewed and found to be correct and final. The undersigned is authorized to providing pricing: Name and Title of Authorized Representative: ________________________________ ________________________________ Signature : ____________________________________________________ Company Name: ________________________________________________ Address: ______________________________________________________ Phone/fax and email: _____________________________________________ Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 546 15.c As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one- name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF NAME OF FIRM OR LOCATION WORK OR CONTRACTOR CITY TRADE ______________________ ________________________ Print Name Signature of Bidder Company Name: __________________________________________ Address: __________________________________________ REJECTION OF BIDS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 547 15.c SECTION IV. GRANT REQUIREMENTS Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 548 15.c Funding Agency Requirements 1. Local Preference does not apply 2. Must conform with applicable contract provisions contained in 2 CFR 200, Appendix II - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards (Exhibit A attached to documents tab) 3. Award will not be made to any party that is debarred, suspended, or otherwise excluded from participation in federal assistance programs. Vendor must be registered and will be checked against the Federal Debarment List (www.sam.gov) 4. The City of San Bernardino intends to expend federal funds for contract(s) resulting from this solicitation; therefore, in accordance with 2 CFR §200.323, in the case that only one bid is received that is both responsive and received from a qualified and responsible bidder, the City reserves the right to negotiate pricing and profit margin prior to award. Bidder agrees to provide sufficient cost and pricing information for such negotiations. Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 549 15.c SECTION V. GENERAL SPECIFICATIONS Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 550 15.c 1. Each bid shall be in accordance with Request for Proposal (RFQ) Number F-20-30. All specifications are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their bid a complete detailed itemization and explanation for each and every deviation or variation from the RFQ specifications and requirements. Conditional bids, or those that take exception to the RFQ specifications and requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all bids and to award a contract to the bidder whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices bid. 4. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening thereof. 5. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for bid consideration. 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the not acceptable. 7. Each bidder shall submit with their bid a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. guarantee coverage and shall submit such written documents evidencing the same attached to the bid. 11. Successful bidder(s) (Contractor) shall furnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Bid shall include California sales tax, where applicable, (effective October 1, 2017) computed at the rate of 8.0%, (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty (30) days after the complete delivery and acceptance Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. Packet Pg. 551 15.c 14. ing bids under these are not stipulated in the specifications, unless otherwise clearly accepted in the bid. 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extremely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each bid shall be submitted and received with the understanding that acceptance by the City of San Bernardino of bid in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the price bid and in complete accordance with all provisions of RFQ F-20-30. In most cases that may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California. 21. One Document. These specifications, the notice inviting bids, RFQ F-20-30, the documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all bids. Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 552 15.c 23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten (10) working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries through Planetbids the answers to material questions will be provided to all potential bidders. 25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the price forms above and Planetbids price form, and all required forms are completed and included. 26. Time. All bids must be uploaded before 3:00 PM, PST July 13, 2020. Allow time for system to process your bid on time. Where at such time bids will be opened to the public. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid received after that time and date specified will be rejected. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (2) OPERATORS MANUAL and one (2) PARTS MANUAL for all equipment bid. 29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory w compensation coverage, and shall prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially altered. Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 553 15.c 32. FAITHFUL PERFORMANCE BOND/BID BOND. The Funding Agency requires a Faithful Performance Bond on equipment purchases in excess of $250,000, and all vehicle, aircraft, and watercraft purchases check, certified check or faithful performance bond / bid bond made payable to the City of San Bernardino in an amount equal to 100% faithful performance of this contract. Said surety shall be subject to the approval of the City of San Bernardino, bonds shall be in accordance with Ordinance No. 821, Section 2400, 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFQ. 34. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non- responsive and may be rejected. 35. Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. 36. Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed vendor/Consultant service agreement may be required between both parties prior to commencement of the job. Attachment: PD-Agreement for Animal Disposal Services. Attach2 (6837 : Agreement for Deceased Animal Removal Services) Packet Pg. 554 16 Consent Calendar City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Eric McBride, Acting Chief of Police Subject: Resolution to Accept and Administer the FY 2020-21 ABC Grant Recommendation Adopt Resolution No. 2020-181 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2020/21 Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership (APP) grant and authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget effective July 1, 2020. Background The purpose of the Alcohol Policing Partnership is to work with law enforcement agencies to develop effective, comprehensive, and strategic approaches to eliminate crime and public nuisance issues associated with problem alcoholic beverage outlets. The City of San Bernardino has been awarded two previous grants from the Department of Alcoholic Beverage Control (ABC) in the form of Grant Assistance Program (GAP) grants. In the first quarter of 2020, police staff applied for funding under the ABC Alcohol Policing Partnership (APP) grant program. On June 9, 2020, the police department was notified that it had been selected to receive FY 2020/21 grant fund of $94,769. Discussion The City of San Bernardino has been awarded grant funds in the amount of $94,769 to goals. The goals are to increase public awareness by educating the public about underage drinking, decreasing the availability of alcohol to minors, and improving the level of compliance by ABC-licensed businesses throughout the City. The proposed program is multi-pronged, focusing enforcement efforts on prevention, intervention, and suppression of the identified illegal activity. Enforcement efforts will consist of numerous activities to include minor decoy operations, shoulder tap operations, trap door operations, and probation checks. 2020-2025 Key Strategic Targets and Goals The request to authorize the receipt, obligation, and expenditure of the FY 2020/21 Packet Pg. 556 Page 1 16 6831 Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership (APP) grant aligns with Key Target No. 1: Financial Stability, by implementing, maintaining, and updating a fiscal accountability plan. Fiscal Impact The financial impact to the City is $94,769 in both revenues and expenditures in the FY 2020/21 Adopted Budget; grant account number 123-210-8780. Expenditures made under this grant will be reimbursed on a quarterly basis. There are no fund match requirements under this grant. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-181, authorizing the City Manager to accept the FY 2020/21 Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership (APP) grant and authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget effective July 1, 2020. Attachments Attachment 1 Resolution 2020-181; Exhibit 1, Grant Award Agreement Attachment 2 ABC APP Grant Award Letter Ward: All Synopsis of Previous Council Items: June 1, 2015 Resolution 2015-110 approved ratifying submittal of FY 2015/16 ABC grant application and authorizing to accept and administer funds in the amount of $50,000. May 2, 2011 Resolution 2011-98 approved ratifying submittal of FY 2011/12 ABC grant application and authorizing to accept and administer funds. Packet Pg. 557 Page 2 16.a RESOLUTION NO. 2020-181 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY 2020/21 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) ALCOHOL POLICING PARTNERSHIP (APP) GRANT AND AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE FY 2020/21 ADOPTED BUDGET WHEREAS, the City of San Bernardino has been awarded the FY 2020/21 Department of Alcoholic Beverage Control Alcohol Policing Partnership grant in the amount of $94,769; and WHEREAS, the Police Department will administer the use of these grant funds to increase public awareness by educating the public about underage drinking, decreasing the availability of alcohol to minors, and improving the level of compliance by ABC-licensed businesses throughout the City. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute the grant agreement between the City of San Bernardino and the Department of Alcoholic Beverage Control, attached , for the FY 2020/21 Alcohol Policing Partnership grant in the amount of $94,769. SECTION 3. The Director of Finance is hereby authorized to amend the FY 2020/21 Adopted Budget increasing revenue and expenditures by $94,769 effective July 1, 2020. SECTION 4. 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 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. Attachment: PD-Accept the FY2020-21 ABC Grant-Resolution \[Revision 1\] (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Packet Pg. 558 16.a Resolution No. 2020-181 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: PD-Accept the FY2020-21 ABC Grant-Resolution \[Revision 1\] (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Packet Pg. 559 16.a Resolution No. 2020-181 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: PD-Accept the FY2020-21 ABC Grant-Resolution \[Revision 1\] (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Packet Pg. 560 16.b Attachment: ABC APP Grant Award Letter (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 561 16.c City Manager Teri Ledoux Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 562 16.c Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 563 Agreement Number: 20-APP38 16.c CityofSanBernardinothroughtheSanBernardinoPoliceDepartment Page 1of 3 EXHIBIT A SCOPE OF WORK I.SCOPE OF WORK ContractoragreestoimplementtheDepartmentofAlcoholicBeverageControl(ABC),AlcoholPolicing Partnershipprogram.Thisprogramisintendedtoworkwithlawenforcementagenciestodevelopan effective,comprehensiveandstrategicapproachtoeliminatethecrimeandpublicnuisanceproblems associatedwithproblemalcoholicbeverageoutlets. Contractor agreesto implement ABC’sMinor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These Programs targetboth ABC licensed premises and individualswho furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement. In addition,Contractor agrees to the following goals: 1.The operation periodof the grant is July1, 2020throughJune30,2021. 2.Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old isa criminal violation that will be prosecuted by local city and district attorneys. 3.MinorDecoyoperationsaredesignedtoeducateanddeterlicensedlocationsfrom selling/furnishingalcoholtominors.Contractor agrees to conduct Minor Decoy Operations atboth “On-Sale” and “Off-Sale” licensed establishmentswithin the operation period of the grant. 4.ShoulderTapoperationsareusedtodetectanddeteradultfurnishersoutsideofalicensed business.Contractor agrees to conduct Shoulder Tap Operationsat“Off-Sale”licensedlocationsto apprehend adults that are unaffiliated with the licensed businesses and who are purchasingalcohol for minors outside of the stores within the operation period of the grant. 5.InformedMerchantsPreventingAlcohol-RelatedCrimeTendencies(IMPACT)primarygoalisto educatelicensee’sonalcoholrelatedlawstohelpreducealcohol-relatedcrimeinandaround licensedpremises.Contractor agrees to conduct visitsandinspectionsoflicensedpremises identifyingareasofnon-complianceat “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant. II.GOALSANDOBJECTIVES 1.Conductatleasteight(8)MinorDecoyoperations 2.Conductatleasteight(8)ShoulderTapoperations 3.Conductatleasttwo(2)TrapDooroperations 4.Conductatleasttwo(2)CopsinShopsoperations Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 564 Agreement Number: 20-APP38 16.c CityofSanBernardinothroughtheSanBernardinoPoliceDepartment Page 2of 3 5.Conductatleasttwo(2)Generalenforcementoperationsfocusingonareasnearliquorstoresand commonareaswherealcoholoffensestakeplace. 6.Conductatleast100totallicensedpremiseIMPACTinspections 7.Conductatleastone(1)TaskforceoperationwithABC,RiversidePDorCoronaPD 8.Issueatleasttwo(2)notificationfortheOnlineLEADtrainingprogram 9.Issueatleasteight(8)pressreleasesregardingspecialenforcementoperationsandotheractivities underthisgrant Contractor agrees to issuepress releasesas follows: A.To announce thestart of the program; B.Attheconclusionofeach Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C.Attheconclusionofeach Shoulder TapOperation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). 10.Contractor will fax (916)419-2599 or email each press release to the Department’s Public ) as soon as it is released. Information Officer (John.carr@abc.ca.gov 11.Contractor agrees in all press releases, in addition to any creditsthe agency wishes togive, will include the following statement: “This project is part of the Department ofAlcoholic Beverage Control’s AlcoholPolicingPartnership.” Contractor agrees to complete and submit monthly reports, on a format designed andprovidedby the th Department of Alcoholic Beverage Control dueno later than15ofthefollowingmonth. III.PROJECT REPRESENTATIVES The project representatives during the term of this agreement will be: SanBernardinoPoliceDepartmentDepartment of Alcoholic Beverage Control JenniferKohrell,LieutenantOscarZapata,APPAgent 710N.DStreet3927 Lennane Drive, Suite 100 SanBernardino,CA92401Sacramento, CA 95834 (909)388-4845(818)335-2253 Kohrell_je@sbcity.orgTroy.wright@abc.ca.gov Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 565 Agreement Number: 20-APP38 16.c CityofSanBernardinothroughtheSanBernardinoPoliceDepartment Page 3of 3 Direct all fiscalinquiries to: SanBernardinoPoliceDepartmentDepartment of Alcoholic BeverageControl SueStevens,AdministrativeAnalystKristineOkino,GrantCoordinator 710N.DStreet3927 Lennane Drive, Suite 100 SanBernardino,CA92401Sacramento, CA 95834 (909)384-5693(916) 419-2572 stevens_su@sbcity.orgKristine.okino@abc.ca.gov Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 566 Agreement Number: 20-APP38 16.c CityofSanBernardinothroughtheSanBernardinoPoliceDepartment Page 1of 3 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS I.INVOICING ANDPAYMENT For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agreesto pay a monthly payment of approved reimbursable costs per the BudgetDetail ofpersonnel overtime andbenefits (actual cost)and/or allowable costs. Invoices shall clearly reference this contract number(20-APP38)and must not exceed the contract total authorized amount of $94,769.00.Invoicesare to be submittedon amonthlybasis,on the prescribed form designed by the Department of Alcoholic Beverage Control. Submit to: Department of Alcoholic Beverage Control Attn: Kristine Okino,GrantCoordinator 3927 Lennane Drive, Suite 100 Sacramento, California 95834 Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice.Nothing containedhereinshallprohibitadvancepaymentsasauthorizedbyItem2100-101-3036,BudgetAct, Statuesof2021. Contractor understands in orderto be eligible for reimbursement; cost must be incurred on or after the effective date of the project,July1,2020andon or before the project termination date,June30,2021. Revisionstothe“ScopeofWork”andthe“BudgetDetail”mayberequestedbyachangerequestletter submittedbytheContractor.Ifapproved,therevisedGrantScopeofWorkand/orBudgetDetail supersedesandreplacesthepreviousgrantandwillinitiateanamendment.Norevisionscanexceed allottedamountasshownontheBudgetDetail.Thetotalamountofthegrantmustremainunchanged. ContractoragreestorefundtotheStateanyamountsclaimedforreimbursementandpaidto ContractorwhicharelaterdisallowedbytheStateafterauditorinspectionofrecordsmaintainedbythe Contractor. OnlythecostsdisplayedintheBudgetDetailareauthorizedforreimbursementbytheStateto Contractorunderthisagreement.AnyothercostsincurredbyContractorintheperformanceofthis agreementarethesoleresponsibilityofContractor. TitleshallbereservedtotheStateforanyState-furnishedorState-financedpropertyauthorizedbythe Statewhichisnotfullyconsumedintheperformanceofthisagreement.Contractorisresponsiblefor thecare,maintenance,repair,andprotectionofanysuchproperty.Inventoryrecordsshallbe returned maintainedbyContractorandsubmittedtotheStateuponrequest.Allsuchpropertyshallbe totheStateupontheexpirationofthisgrantunlesstheStateotherwisedirects. PriorapprovalbytheStateinwritingisrequiredforthelocation,costs,dates,agenda,instructors, instructionalmaterials,andattendeesatanyreimbursabletrainingseminar,workshoporconference, andoveranyreimbursablepublicityoreducationalmaterialstobemadeavailablefordistribution. ContractorisrequiredtoacknowledgethesupportoftheStatewheneverpublicizingtheworkunderthis Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) tinanymedia. gran Packet Pg. 567 Agreement Number: 20-APP38 16.c CityofSanBernardinothroughtheSanBernardinoPoliceDepartment Page 2of 3 II.BUDGETDETAIL COST CATEGORYTOTAL COST A. PersonnelServices Overtime SergeantandOfficers$85,535.00 Benefits (4.95%)$4,234.00 TOTAL Personnel$89,769.00 B. Operating Expenses(attach receipts) “Buy Money”$500.00 Mealsfordecoysonly$2,000.00 TOTAL Operating $2,500.00 C.Equipment(attach receipts) Exteriorvestcovers$2,500.00 TOTAL Equipment$2,500.00 D.Travel Costs n/a$0.00 TOTAL Travel$0.00 GRANT TOTAL$94,769.00 Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 568 Agreement Number: 20-APP38 16.c CityofSanBernardinothroughtheSanBernardinoPoliceDepartment Page 3of 3 III.BUDGET CONTINGENCYCLAUSE It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In thisevent, the State shall have noliability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shallnot be obligated toperform any provisions of this Agreement. Iffunding for any fiscal year is reduced or deleted by theBudget Act for purposesof this program, the State shall have the option to either cancel this Agreement with no liabilityoccurring to the State,or offer an agreement amendment to Contractor to reflect the reduced amount. Due to current andon-going fiscal uncertainty caused by the COVID-19 crisis,the grantee may spendno more than fifty percent (50%) of the grant amount without prior written authorization from the Department. The Department intends to authorize expenditures beyondthe amount of fiftypercent (50%) should its fiscal conditionallow. IV.PROMPT PAYMENT CLAUSE Payment will be made in accordance with, andwithin the time specified in, Government Code Chapter 4.5, commencing with Section 927. Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 569 16.c Agreement Number: 20-APP38 CityofSanBernardinothroughtheSanBernardinoPoliceDepartment Page 1of 4 EXHIBITC GENERALTERMSANDCONDITIONS 1.APPROVAL: This Agreement is of no force or effect until signedby both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has beenobtained. 2.AMENDMENT: Noamendment or variation of the terms of this Agreement shall be valid unless madein writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3.ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole orinpart,withouttheconsentoftheStateintheform ofaformalwritten amendment. 4.AUDIT:Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum ofthree(3)years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to suchrecords during normal business hoursand to allow interviews of any employees who might reasonably have information related to such records. Further,Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov.Code§8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5.INDEMNIFICATION: Contractor agrees toindemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors,subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resultingto any person, firmor corporation who may be injured or damaged by Contractor in the performance of thisAgreement. 6.DISPUTES: Contractor shall continue with the responsibilities under this Agreement during anydispute. 7.TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments shouldthe Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in anymanner deemed proper by theState.Allcoststothe StateshallbedeductedfromanysumduetheContractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8.INDEPENDENT CONTRACTOR:Contractor, and the agents and employees of Contractor, in the performance of this Agreement,shall act in an independent capacity Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) and not as officers or employees or agents of theState. Packet Pg. 570 16.c Agreement Number: 20-APP38 CityofSanBernardinothroughtheSanBernardinoPoliceDepartment Page 2of 4 9.RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, theminimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or soldto the State regardless of whether the product meets the requirements of Public Contract Code Section 12209.With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code§12205). 10.NON-DISCRIMINATION CLAUSE: Duringthe performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race,religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code§12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov.Code§§11135-11139.5), and the regulations or standards adopted by the awardingstate agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and itssubcontractors shall givewritten notice of their obligationsunder this clause to labororganizations with which they have a collective bargaining or other agreement. (SeeCal. Code Regs., tit. 2,§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts toperform work under the Agreement. 11.CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in thedocument CCC 04/2017 are hereby incorporated by reference and madeapart of thisAgreementbythisreferenceasif attachedhereto. 12.TIMELINESS: Time is of the essence in thisAgreement. 13.COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in theperformance hereof, includingtravel, per diem, and taxes, unless otherwise expressly soprovided. 14.GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State ofCalifornia. 15.ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set outbelow. Packet Pg. 571 16.c Agreement Number: 20-APP38 CityofSanBernardinothroughtheSanBernardinoPoliceDepartment Page 3of 4 a.The Government Code Chapter on Antitrustclaims contains thefollowing definitions: 1)"Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any ofits political subdivisions or public agencies on whose behalf the Attorney Generalmay bring an actionpursuant to subdivision (c) of Section 16750 of the Business and ProfessionsCode. 2)"Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section4550. b.In submitting a bid to apublic purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causesof action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Suchassignment shall bemade and becomeeffective at the time thepurchasing body tenders final payment to the bidder. Government Code Section4552. c.If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause ofaction assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but werenot paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section4553. d.Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or mayhave been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section4554. 16.CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excessof$100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a.Thecontractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure ofinformation and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code;and b.The contractor, to the best of its knowledge is fully complying with the earnings assignmentordersofallemployeesandisprovidingthenames of all new employees to theNew Hire Registry maintained by the California Employment DevelopmentDepartment. Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 572 16.c Agreement Number: 20-APP38 CityofSanBernardinothroughtheSanBernardinoPoliceDepartment Page 4of 4 17.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to beunenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18.PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in fillingvacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code§10353. 19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTINGREQUIREMENTS: a.If for this Contract Contractormade a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report tothe awarding department the actual percentage of small business participation that was achieved. (Govt. Code §14841.) b.If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractormust within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department:(1) the total amount the prime Contractor received under the Contract; (2) the name and addressof the DVBE(s) that participated in the performance of the Contract;(3) the amount each DVBE received from the prime Contractor; (4) that all paymentsunder the Contract have beenmade to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code §999.5(d); Govt. Code § 14841.) 20.LOSS LEADER: If this contractinvolves the furnishing ofequipment, materials, orsupplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use anyarticleor product as a “lossleader” as definedin Section 17030of the Business and Professions Code. (PCC 10344(e).) Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 573 Agreement Number: 20-APP38 16.c CityofSanBernardinothroughtheSanBernardinoPoliceDepartment Page 1of 1 EXHIBITD SPECIALTERMSANDCONDITIONS 1.Disputes:Anydisputesconcerningaquestionoffactarisingunderthiscontractwhichisnot disposedofbyagreementshallbedecidedbytheDirector,DepartmentofAlcoholicBeverage Control,ordesignee,whoshallreducehisdecisioninwritingandmailorotherwisefurnisha copythereoftotheContractor.ThedecisionoftheDepartmentshallbefinalandconclusive unless,within30daysfromthedateofreceiptofsuchcopy,theContractormailsorotherwise furnishesto theStateawrittenappealaddressedtotheDirectoroftheDepartmentofAlcoholic BeverageControl.ThedecisionoftheDirectorofAlcoholicBeverageControlorhisduly authorizedrepresentativeforthedeterminationofsuchappealsshallbefinalandconclusive unlessdeterminedbyacourtofcompetentjurisdictiontohavebeenfraudulent,capricious, arbitrary,orsogrosslyerroneousasnecessarilytoimplybadfaith,ornotsupportedby substantialevidence.Inconnectionwithanyappealproceedingunderthisclause,the contractorshallbeaffordedanopportunitytobeheardandtoofferevidenceinsupportofits appeal.Pendingfinaldecisionofadisputehereunder,Contractorshallproceeddiligentlywith withthedecisionoftheState. theperformanceofthecontractandinaccordance 2.Cancellation/Termination:Thisagreementmaybecancelledorterminatedwithoutcauseby eitherpartybygivingthirty(30)calendardaysadvancewrittennoticetotheotherparty.Such notificationshallstatetheeffectivedateofterminationorcancellationandincludeanyfinal performanceand/orpayment/invoicinginstructions/requirements.Nopenaltyshallaccrueto termination. eitherpartybecauseofcontract 3.ContractValidity:Thiscontractisvalidandenforceableonlyifadequatefundsareappropriated inItem2100-101-3036,BudgetActof2021,forthepurposesofthisprogram. 4.ContractorCertifications:Bysigningthisagreement,Contractorcertifiescompliancewiththe provisionsofCCC04/2017,StandardContractorCertificationClauses.Thisdocumentmaybe https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- viewedat: Resources-List-Folder/Standard-Contract-Language 5.IftheStatedeterminesthatthegrantprojectisnotachievingitsgoalsandobjectiveson schedule,fundingmaybereducedbytheStatetoreflectthislowerlevelofprojectactivity and/orcanceltheagreement. Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 574 16.c Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 575 16.c Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 576 16.c Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 577 16.c Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 578 16.c Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 579 16.c Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 580 16.c Attachment: PD-Accept the FY2020-21 ABC Grant-Exhibit 1 (6831 : Resolution to Accept and Administer the FY 2020-21 ABC Grant) Packet Pg. 581 17 Consent Calendar City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Eric McBride, Acting Chief of Police Subject: Resolution Accepting the Federal Railroad Trespassing Enforcement Grant Recommendation Adopt Resolution No. 2020-182 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2019/20 Federal Railroad Administration Railroad Trespassing Enforcement Grant and authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget. Background On October 22, 2019, the Federal Railroad Administration released a notice of funding opportunity for the Railroad Trespassing Enforcement Grant Program. The purpose of the Railroad Trespassing Enforcement Grant Program is to reduce the occurrence of trespassing along the rails, thereby reducing trespassing safety-related incidents. The solicitation was a grant process competing for a total of $150,000 nationwide. This total would later be increased to $528,028 without notification to applicants. The funds applied for the grant on December 20, 2019. On July 7, 2020, the department received notice of an approved grant award of $80,000. Discussion The City is the largest major rail hub in Southern California with more than 30 miles of federally regulated railroad tracks. The City is challenged with a high crime rate, the largest homeless population in San Bernardino County, and a poverty rate that exceeds the national average. The Federal Railroad Administration has identified all of these factors as contributing factors to trespass-related injuries and deaths. provide much needed railroad trespassing enforcement and reduce the occurrence of trespassing and trespassing-related injuries. The proposed project will identify vulnerable locations and pedestrian behaviors that are likely to contribute to trespass- related injuries or deaths and enforce the appropriate laws to discourage and change those behaviors. Packet Pg. 582 Page 1 17 6836 Enforcement will be data-driven and incorporate all-terrain vehicles, horse-mounted officers, drone surveillance, and undercover surveillance vehicles and uniformed officers in marked patrol cars. 2020-2025 Key Strategic Targets and Goals The request to authorize the receipt, obligation and expenditure of the FY 2019/20 Federal Railroad Administration Railroad Trespassing Enforcement Grant aligns with Key Target No. 1: Financial Stability, by implementing, maintaining, and updating a fiscal accountability plan. Fiscal Impact The financial impact to the City is $80,000 in both revenues and expenditures in the FY 2020/21 Adopted Budget; grant account number 123-210-8788. Expenditures made under this grant will be reimbursed on a quarterly basis. There are no fund match requirements under this grant. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-182, authorizing the City Manager to accept the FY 2019/20 Federal Railroad Administration Railroad Trespassing Enforcement Grant and authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget. Attachments Attachment 1 Resolution 2020-182 Attachment 2 Award Announcement ‘ğƩķʹ All Synopsis of Previous Council Items: None Packet Pg. 583 Page 2 17.a RESOLUTION NO. 2020-182 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY2019-20 FEDERAL RAILROAD ADMINISTRATION RAILROAD TRESPASSING ENFORCEMENT GRANT AND AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE FY 2020/21 ADOPTED BUDGET WHEREAS, the City of San Bernardino has been awarded the FY2019-20 Federal Railroad Administration Railroad Trespassing Enforcement Grant in the amount of $80,000; and WHEREAS, the Police Department will administer the use of these grant funds to reduce the occurrence of trespassing and trespassing related injuries through education 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. The City Manager is hereby authorized to execute the grant agreement between the City of San Bernardino and the U. S. Department of Transportation Federal Railroad Administration for the FY 2019/20 Railroad Trespassing Enforcement Grant in the amount of $80,000 subject to review and approval as to form by the City Attorney. SECTION 3. The Director of Finance is hereby authorized to amend the FY 2020/21 Adopted Budget increasing revenue and expenditures by $80,000. SECTION 4. 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 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. Attachment: PD-Accept the FY2019-20 Railroad Grant-Resolution (6836 : Resolution Accepting the Federal Railroad Trespassing Enforcement Packet Pg. 584 17.a Resolution No. 2020-182 John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: PD-Accept the FY2019-20 Railroad Grant-Resolution (6836 : Resolution Accepting the Federal Railroad Trespassing Enforcement Packet Pg. 585 17.a Resolution No. 2020-182 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: PD-Accept the FY2019-20 Railroad Grant-Resolution (6836 : Resolution Accepting the Federal Railroad Trespassing Enforcement Packet Pg. 586 17.b U.S Department of Transportation Office of Public Affairs 1200 New Jersey Avenue, SE Washington, DC 20590 www.transportation.gov/briefingroom News FRA 10-20 Tuesday, July 7, 2020 Contact: FRA Public Affairs Tel.: (202) 493-6024 FRAPA@DOT.gov Federal Railroad Administration Announces More Than $500,000 to Deter Trespassing The U.S. Department of Transportation’s Federal Railroad Administration (FRA) awarded more than half a million dollars in Railroad Trespassing Enforcement Grants to law enforcement agencies today to support life-saving trespass abatement in multiple states. “This money will help local law enforcement agencies deter people from taking unnecessary risks around railroad tracks, while continuing the focus on those specific populations that are known to subject themselves to such risks around railroad tracks,” FRA Administrator Ronald L. Batory said. FRA is announcing funds,totaling $528,028, to 11 projects in six states: California, Florida, Massachusetts, Montana, North Carolina and New Jersey. The agency received a total of 23 eligible applications for the grant program. In awarding the grants, FRA focused on trespass hot spots — geographic areas where law enforcement agencies have witnessed high instances of the behavior. Between 2014 and 2018, FRA research confirmed 4,721 trespass incidents resulting in 2,412 deaths in the United States. This grant program exemplifies priorities outlined in FRA’s National Strategy to Prevent Trespassing on Railroad Property, which the agency issued in 2018. These include funding and developing partnerships among stakeholders well-positioned to assist their communities. In making these grant selections, FRA afforded preference to 10 stateswith the highest numbers of trespass-related incidents. FRA then considered geographic diversity and applicants using innovative approaches to saving lives. Law enforcement agency grantees will report their programmatic outcomes, ensuring agencies meet project goals throughthe activitiesnegotiated in their agreements with FRA. Theseagencies will also provide other activity details, including the rationale for the selected enforcement activities. This Attachment: PD-Accept the FY2019-20 Railroad Grant-Award Announcement (6836 : Resolution Accepting the Federal Railroad Trespassing Packet Pg. 587 17.b information will contribute to the wealth of research FRA incorporates into its national life-saving efforts. “Local law enforcement officers know these areas and the residents’ needs, so we’re investing to help them serve their communities,” Batory said. “This work and resulting information will help us save even more lives.” FRA will provide law enforcement grants to cover officer wages for the projects below. Read more about the projects here. California Peninsula Corridor Joint Powers Board Reducing Trespassing on Caltrain Right-of-Way — Up to $48,500 San Bernardino Police Department Operation Safe Rails — Up to $80,000 Southern California Regional Rail Authority Metrolink Trespasser Reduction Task Force—Up to $50,008 Florida Broward Sheriff's Office Railroad Trespassing Enforcement Grant — Up to $80,000 City of Jacksonville Railroad Trespassing Education and Enforcement Project — Up to $20,100 Hollywood Police Department Trespassing Pilot Grant Program Operation Fast Track — Up to $50,000 Tampa Police Department Trespassing Prevention Program — Up to $41,920 Massachusetts City of Fitchburg Railroad Trespassing Enforcement Program — Up to $7,500 Montana Billings Police Department Railroad Trespassing Enforcement Grant — Up to $50,000 North Carolina Greensboro Police Department Railway Trespass Initiative — Up to $40,000 New Jersey New Jersey Transit Police Department FY19 Railroad Trespassing Enforcement Grant — Up to $60,000 ### Attachment: PD-Accept the FY2019-20 Railroad Grant-Award Announcement (6836 : Resolution Accepting the Federal Railroad Trespassing Packet Pg. 588 18 Consent Calendar City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Irrevocable Agreement to Annexation No. 2019-006 Recommendation Adopt Resolution No. 2020-183 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property within an unincorporated th territory located at 604 West 40 Street (APN 0265-272-11) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Background The San Bernardino Municipal Water Department received a request for sewer service th from the owner of the parcel located at 604 West 40 Street (APN 0265-272-11) for a connection to the sewer collection system. The parcel is located in an unincorporated thst area along the north side of 40 Street, just west of 1 Avenue. The property owner is converting an existing retail building into a 1,787 square foot fast food restaurant and is requesting to connect to the sewer collection system. In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however annexation of this property would result in other islands. In September 1997, the City adopted a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,321 for a sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO, the normal sewer capacity and connection fees and $1,000 to the City's Public Works Department for processing the Irrevocable Annexation Agreement. The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future. Packet Pg. 589 Page 1 18 6821 Discussion The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Planning Department has indicated that the proposed land use is consistent with the City's General Plan. The Water Department has also determined that there is capacity in the sewer collection system and a 12-inch diameter sewer main line that runs along 1st Avenue, adjacent to this property, is available. LAFCO requires that the application be made by the agency that is to provide the service. The attached Resolution approves the application to LAFCO and has been attached for your action. Upon approval by LAFCO the Irrevocable Agreement to Annex will be executed between the City and the applicant. 2020-2025 Key Strategic Targets and Goals The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area. Fiscal Impact There is no fiscal impact associated with this action. The $1,321 processing fee has been paid by the applicant for processing of the LAFCO application. The applicant will also pay $1,000 to Public Works for processing of the Irrevocable Annexation Agreement, the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees.. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-183 approving the application to the Local Agency Formation Commission to provide City sewer services to a property within an th unincorporated territory located at 604 West 40 Street (APN 0265-272-11) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Attachments Attachment 1 Resolution 2020-- Irrevocable Annexation Agreement Attachment 2 Vicinity Map Attachment 3 Application Ward: Future Ward 4 (Currently unincorporated) Synopsis of Previous Council Actions: 1994 The California Government Code Section was amended by the addition of Section611, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. Packet Pg. 590 Page 2 18 6821 September 1997 The City of San Bernardino adopted a policy relative to the providing of sewer services outside of City boundaries. Packet Pg. 591 Page 3 18.a RESOLUTION NO.2020-183 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY LOCATED AT 604 TH WEST 40 STREET (APN 0265-272-11) AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN IRREVOCABLE AGREEMENT TO ANNEX. WHEREAS, Markus Parham, the owner of the property in an unincorporated area at the th address of at 604 W. 40 -272-11, has and WHEREAS, Influence; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner requesting and wastewater treatment plant service system must pay all applicable fees required by the LAFCO. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. That the Mayor and City Council of the City of San Bernardino hereby authorize an application to the th wastewater treatment system for property located at 604 West 40 Number 0265-272-11, more fully described as follows: Portion of Arrowhead Suburban Farms Lot 21, as per Map recorded in Book 265, Page 27, in the office of the County Recorder of San Bernardino County, State of California. SECTION 3. The City Manager, or designee, is hereby authorized to file an Application for Extension of Service by Contract, a copy of whic made a part hereof, with the San Bernardino LAFCO Attachment: PW.Irrevocable Agreement to Annexation No. 2019-006 - 604 West 40th Street Resolution \[Revision 3\] (6821 : Irrevocable Packet Pg. 592 18.a Resolution No. 2020-183 SECTION 4. The City Manager or designee is hereby authorized to execute an Irrevocable Agreement to Annex No. 2019-006, - said application, upon approval by the LAFCO. SECTION 5. That the City Clerk is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO SECTION 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 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 ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: PW.Irrevocable Agreement to Annexation No. 2019-006 - 604 West 40th Street Resolution \[Revision 3\] (6821 : Irrevocable Packet Pg. 593 18.a Resolution No. 2020-183 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, Acting City Clerk Attachment: PW.Irrevocable Agreement to Annexation No. 2019-006 - 604 West 40th Street Resolution \[Revision 3\] (6821 : Irrevocable Packet Pg. 594 18.b LAFCO SC#_______ RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Bernardino 290 N. D Street San Bernardino, California 92401 Attn: City Manager Exempt from Recording fee s use) pursuant to Gov't Code §§ 27383, 6103 IRREVOCABLE AGREEMENT TO ANNEX No. 2020-___ , is entered into this _______day of _______________, 2020; by and between MARKUS PARHAM, an individual, OWNERCITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as CITY OWNER and CITY may be referred to in this Agreement individually as RECITALS: WHEREAS, OWNER holds title to the unincorporated parcel, located at 604 W. th 40 Street, California, and parcel is further described as follows: Portion of Arrowhead Suburban Farms Lot 21, as per Map recorded in Book 265, Page 27, in the office of the County Recorder of San Bernardino County, State of California with Number(s): 0265-272-11 WHEREAS, the Property is within the sphere of influence; and WHEREAS, OWNER desires to obtain sewage system and wastewater treatment plant service for the Property; and WHEREAS, sewage system and wastewater treatment plant service could be provided to the Property by connecting to the sewage system; and WHEREAS, sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon heirs, successors and assigns. NOW, THEREFORE, the Parties hereto agree as follows: Attachment: PW.Irrevocable Agreement to Annexation No. 2019-006 - Exhibit A - Agreement \[Revision 1\] (6821 : Irrevocable Agreement to Packet Pg. 595 18.b IRREVOCABLE AGREEMENT TO ANNEX NO. 2020-___LAFCO SC#_______ SECTION I OWNER AGREES: a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors and otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and its Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local proceedings to annex the Property to the CITY. The and its necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable. c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system. d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors and assigns; and that said Agreement shall be irrevocable without written consent of CITY. e. To comply with the San Bernardino Municipal Code and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal plant service system. f. To make application to LAFCO, and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to t wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successor failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to sewage system and wastewater treatment plant service system permitted or authorized by this agreement may Attachment: PW.Irrevocable Agreement to Annexation No. 2019-006 - Exhibit A - Agreement \[Revision 1\] (6821 : Irrevocable Agreement to Packet Pg. 596 18.b IRREVOCABLE AGREEMENT TO ANNEX NO. 2020-___LAFCO SC#_______ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service. i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable residential standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable construction performed under or otherwise related to performance of this Agreement. SECTION II CITY AGREES: a. To allow parcel, described hereinbefore, to connect to CITY sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits. SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS: a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO. d. This Agreement may be executed in counterparts. e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties. f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the Attachment: PW.Irrevocable Agreement to Annexation No. 2019-006 - Exhibit A - Agreement \[Revision 1\] (6821 : Irrevocable Agreement to Packet Pg. 597 18.b IRREVOCABLE AGREEMENT TO ANNEX NO. 2020-___LAFCO SC#_______ prevailing party shall be entitled to have and recover from the losing Party CITY is awarded such ees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino. Attachment: PW.Irrevocable Agreement to Annexation No. 2019-006 - Exhibit A - Agreement \[Revision 1\] (6821 : Irrevocable Agreement to Packet Pg. 598 18.b IRREVOCABLE AGREEMENT TO ANNEX NO. 2020-___LAFCO SC#_______ SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above. CITY OF SAN BERNARDINO OWNER Approved By: Signature Teri Ledoux City Manager Name Sonia Carvalho City Attorney Attested By: Genoveva Rocha Acting City Clerk Attachment: PW.Irrevocable Agreement to Annexation No. 2019-006 - Exhibit A - Agreement \[Revision 1\] (6821 : Irrevocable Agreement to Packet Pg. 599 18.b IRREVOCABLE AGREEMENT TO ANNEX NO. 2020-___LAFCO SC#_______ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On_____________________ before me, ___________________________, Notary Public, personally appeared _________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________________ (Seal) Notary Public Attachment: PW.Irrevocable Agreement to Annexation No. 2019-006 - Exhibit A - Agreement \[Revision 1\] (6821 : Irrevocable Agreement to Packet Pg. 600 18.b IRREVOCABLE AGREEMENT TO ANNEX NO. 2020-___LAFCO SC#_______ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On_____________________ before me, ___________________________, Notary Public, personally appeared _________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________________ (Seal) Notary Public Attachment: PW.Irrevocable Agreement to Annexation No. 2019-006 - Exhibit A - Agreement \[Revision 1\] (6821 : Irrevocable Agreement to Packet Pg. 601 Attachment: PW.Irrevocable Agreement to Annexation 2019-006 - 604 W. 40th Street Attachment 2 Vicinity 18.c Packet Pg. 602 18.d Attachment: PW.Irrevocable Agreement to Annexation 2019-006 - 640 W. 40th Street Attachment 2 (6821 : Irrevocable Agreement to Annexation Packet Pg. 603 18.d Attachment: PW.Irrevocable Agreement to Annexation 2019-006 - 640 W. 40th Street Attachment 2 (6821 : Irrevocable Agreement to Annexation Packet Pg. 604 18.d Attachment: PW.Irrevocable Agreement to Annexation 2019-006 - 640 W. 40th Street Attachment 2 (6821 : Irrevocable Agreement to Annexation Packet Pg. 605 18.d Attachment: PW.Irrevocable Agreement to Annexation 2019-006 - 640 W. 40th Street Attachment 2 (6821 : Irrevocable Agreement to Annexation Packet Pg. 606 18.d Attachment: PW.Irrevocable Agreement to Annexation 2019-006 - 640 W. 40th Street Attachment 2 (6821 : Irrevocable Agreement to Annexation Packet Pg. 607 18.d Attachment: PW.Irrevocable Agreement to Annexation 2019-006 - 640 W. 40th Street Attachment 2 (6821 : Irrevocable Agreement to Annexation Packet Pg. 608 19 Consent Calendar City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Street Vacation of Portions of 4TH Street Recommendation Adopt Resolution 2020-192 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a public hearing to order the vacation of th portions of 4 Street, between the intersections of Cabrera Avenue and Mt. Vernon Avenue, and the reservation of utilities therein. Background Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of a street and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County As part of the Mt. Vernon Bridge Replacement Project, both the San Bernardino County Transportation Authority and Burlington Northern Santa Fe Railway have requested the th City initiate the vacation of 4 Street between the intersections of Cabrera Avenue and Mt. Vernon Avenue to assist with the completion of the Project and, in connection therewith, to facilitate the expansion of their maintenance yard and operation. On May 6, 2020, the Mayor and City Council authorized staff to proceed with an th investigation and analysis to vacate portions of 4 Street. On May 11, 2020, notices were sent out to City Departments, San Bernardino County informing them of the proposed street vacations. The following comments were received: Packet Pg. 609 Page 1 19 6824 Public Works Department, Engineering and Operation and Maintenance Division have requested an easement for an existing storm drain located within the vacated area. City of San Bernardino Municipal Water Department has requested an easement for existing water and sewer lines located within the vacated area. Southern California Gas Company has requested an easement for an existing gas line located within the vacated area. On June 11, 2020, staff re-notified the utility companies and City Departments to determine if there were any objections to the street vacation or a need to reserve easements. No objections to the street vacation were received and no additional reservations of easement were requested. On June 23, 2020, the Planning Commission adopted Resolution 2020-026PC forwarding a recommendation of approval to the Mayor and City Council for the Real th Property Street Vacation of 4 Street and the reservation of utilities therein, and finding that the project is Categorically Exempt under the California Environmental Quality Act. Discussion If the Resolution of Intention is adopted, it will set the date, time and place for a public th hearing on September 2, 2020, at 7:00PM at 555 West 6 Street, San Bernardino, California in the Council Chamber. At which time, interested parties may present evidence to the Mayor and City Council. 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. a Resolution Ordering the Vacation of portions of 4th Street, with reservation of utility easements therein, which will adopt a Categorical Exemption for the street vacation, and make a final order of vacation of portions of 4th Street as described in the Real Property Street Vacation. The street vacation proceedings are not completed until the Resolution making the final order vacating portions of 4th Street has been recorded with the San Bernardino County 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 not be recorded until the conditions have been satisfied. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1d: Minimize risk and litigation exposure. By performing a comprehensive property investigation and analysis for this vacation request, the City ensures all stakeholders with interest in the property to be vacated will be identified, notified, and allowed to provide comments through a Public Hearing prior to any possible vacation of the street segment. The process also provides an important Packet Pg. 610 Page 2 19 6824 opportunity for utility agencies to acknowledge any existing infrastructure that may be impacted. Fiscal Impact No General Fund impact. Costs incurred with this action will be paid from Mt. Vernon Bridge Replacement Project (Account #264-160-7121-5504) in an amount not to exceed $4,000. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-192, declaring its intention to conduct a public hearing th to order the vacation of portions of 4 Street, between the intersections of Cabrera Avenue and Mt. Vernon Avenue, and the reservation of utilities therein. Attachments Attachment 1 Resolution 2020-- Legal Description and Plats Attachment 2 Petition Attachment 3 Resolution No. 2020-026PC Ward: 1 Synopsis of Previous Council Actions: May 6, 2020 Mayor and City Council authorized staff to proceed with an th investigation and analysis to vacate portions of 4 Street. Packet Pg. 611 Page 3 19.a RESOLUTION NO. 2020-192 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO ORDER THE VACATION OF PORTIONS OF 4TH STREET BETWEEN THE INTERSECTIONS OF CABRERA AVENUE AND MT. VERNON AVENUE AND THE RESERVATION OF UTILITIES THEREIN WHEREAS, the City of San Bernardino (City), San Bernardino County Transportation Authority (SBCTA) and Burlington North Santa Fe Railway (BNSF) have partnered to complete the Mt. Vernon Bridge Re th WHEREAS, portions of 4 Street must be vacated to support the Project; and WHEREAS, on May 6, 2020, the Mayor and City Council authorized staff to proceed th with an investigation and analysis to vacate portions of 4 Street; and WHEREAS, on May 11, 2020, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within 500 feet informing them of the proposed street vacations; and WHEREAS, on July 14, 2020, the Planning Commission adopted Resolution No. 2020- 026PC forwarding a recommendation of approval to the Mayor and City Council for the Portion th of 4 Street Vacation, and finding that the project is Categorically Exempt under California Environmental Act. 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 declare its intention to order the vacation of portions of Artesia Street and the reservation of utilities therein as described on each of the legal descriptions attached hereto and incorporated as Exhibit SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating the above-described portions of said streets, elects to proceed in accordance with the provisions of of the Streets and Highways Code of the State of California. th SECTION 3. The hour of 7:00 p.m., on Wednesday, September 2, 2020, at 555 West 6 Street, San Bernardino, California, is fixed as the time and place when and where all persons interested in or objecting to the propose vacation areas may appear before the Mayor and City Council of San Bernardino, California and offer evidence in relation hereto. Attachment: PW.Street Vacation of 4th Street - Resolution \[Revision 4\] (6824 : Street Vacation of Portions of 4TH Street) Packet Pg. 612 19.a Resolution No. 2020-192 SECTION 4 The Deputy Director of Public Works/City Engineer of the City of San Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by 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 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 Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: PW.Street Vacation of 4th Street - Resolution \[Revision 4\] (6824 : Street Vacation of Portions of 4TH Street) Packet Pg. 613 19.a Resolution No. 2020-192 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: PW.Street Vacation of 4th Street - Resolution \[Revision 4\] (6824 : Street Vacation of Portions of 4TH Street) Packet Pg. 614 19.b Attachment: PW. Street Vacation 4th Street - Resolution Exhibit A & B - Legal and Plat (6824 : Street Vacation of Portions of 4TH Street) Packet Pg. 615 19.b Attachment: PW. Street Vacation 4th Street - Resolution Exhibit A & B - Legal and Plat (6824 : Street Vacation of Portions of 4TH Street) Packet Pg. 616 19.b Attachment: PW. Street Vacation 4th Street - Resolution Exhibit A & B - Legal and Plat (6824 : Street Vacation of Portions of 4TH Street) Packet Pg. 617 4th Street, from the eastern boundary of the 4th Street/Cabrera Avenue intersection, eastward to end of cul-de-sac. Vacation of 4th Street is required for purposes of developing the Mt. Vernon Viaduct bridge replacement project. Attachment: PW. Stret Vacation 4th Street - Application (6824 : Street Vacation of Portions of 4TH Street) 1528 W. 4th Street, San Bernardino, Ca 92411 1448 W. 4th Street, San Bernardino, Ca 92411 1522 W. 4th Street, San Bernardino, Ca 92411 1442 W. 4th Street, San Bernardino, Ca 92411 1438 W. 4th Street, San Bernardino, Ca 92411 1528 W. 4th Street, San Bernardino, Ca 92411 Vacant Parcel APN 138-174-15 Vacant Parcel APN 138-174-14 Attachment: PW. Stret Vacation 4th Street - Application (6824 : Street Vacation of Portions of 4TH Street) 1496 W. 4th Street, San Bernardino, Ca 92411 1472 W. 4th Street, San Bernardino, Ca 92411 1418 W. 4th Street, San Bernardino, Ca 92411 1364 W. 4th Street, San Bernardino, Ca 92411 1358 W. 4th Street, San Bernardino, Ca 92411 1432 W. 4th Street, San Bernardino, Ca 92411 1328 W. 4th Street, San Bernardino, Ca 92411 1314 W. 4th Street, San Bernardino, Ca 92411 1310 W. 4th Street, San Bernardino, Ca 92411 Vacant Parcel APN 138-182-22 Attachment: PW. Stret Vacation 4th Street - Application (6824 : Street Vacation of Portions of 4TH Street) 19.d Attachment: PW. Street Vacation 4th Street - Planning Commission Resolution (6824 : Street Vacation of Portions of 4TH Street) Packet Pg. 621 19.d Attachment: PW. Street Vacation 4th Street - Planning Commission Resolution (6824 : Street Vacation of Portions of 4TH Street) Packet Pg. 622 19.d Attachment: PW. Street Vacation 4th Street - Planning Commission Resolution (6824 : Street Vacation of Portions of 4TH Street) Packet Pg. 623 19.d Attachment: PW. Street Vacation 4th Street - Planning Commission Resolution (6824 : Street Vacation of Portions of 4TH Street) Packet Pg. 624 19.d Attachment: PW. Street Vacation 4th Street - Planning Commission Resolution (6824 : Street Vacation of Portions of 4TH Street) Packet Pg. 625 19.d Attachment: PW. Street Vacation 4th Street - Planning Commission Resolution (6824 : Street Vacation of Portions of 4TH Street) Packet Pg. 626 19.d Attachment: PW. Street Vacation 4th Street - Planning Commission Resolution (6824 : Street Vacation of Portions of 4TH Street) Packet Pg. 627 20 Consent Calendar City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) Annex. No. 6 Recommendation Adopt Resolution No. 2020-186 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. 6) and authorizing the levy of a special taxes therein. Background On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-081 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. Discussion 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 Fac-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. 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. Packet Pg. 628 Page 1 20 6825 1. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 2. Maintenance of median landscaping and other public improvements installed within the public rights-of-way; and 3. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and 4. Maintenance of streets, including pavement management, and provide street sweeping; and 5. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and 6. 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 1.80 gross acres of an existing residential property to be turned into a Behavioral Health Center. The property is located on the southwest intersection of Gilbert Street and Windsor Drive, as shown in Attachment 2. This development will create a new Tax Zone No. 7 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing. The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone special tax for this development has been calculated to be $3,197 per acre for FY 2020/21. If the maximum allowable annual fee were levied, the revenue generated would be $5,307 per year. 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. Packet Pg. 629 Page 2 20 6825 Resolution declaring the results of the election and directing the recording of the notice of special tax lien. Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for September 16, 2020. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Financial Stability - Secure a long term revenue source. Funding from district assessments will create sustainable financial support for ongoing maintenance of landscape and infrastructure in public right of way associated with the district location.. Fiscal Impact 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 $5,307 to be used to pay for maintenance costs. On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019- Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2020-186, 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. 6) and authorizing the levy of special taxes therein. Attachments Attachment 1 Resolution 2020-186; Exhibit A - Description of Territory; Exhibit B - Description of Authorized Services; Exhibit C - Rate and Method of Apportionment; Exhibit D - Annexation and Potential Annexation Boundary Maps; Exhibit E - Signed Petition, Waiver and Consent; Exhibit F - Notice of Public Hearing; Exhibit G - Special Election Packet Pg. 630 Page 3 20 6825 Ballot Attachment 2Project/Location Map Attachment 3 CFD Landscape Maintenance Exhibit Ward: 2 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 - Roos Communi July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. Packet Pg. 631 Page 4 20.a RESOLUTION NO. 2020-186 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. 6) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN WHEREAS, pursuant to the Mello- e -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 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 requirements relating to the conduct of the election; and WHEREAS, the 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 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 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 No. 2019-1 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 Potential Annexation Area Community Facilities District No. 2019-1 Attachment: PW CFD 2019-1 Annex 6 - Att 1. Reso of Intention (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Packet Pg. 632 20.a Resolution No. 2020-186 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of Ca 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. 6, 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- 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 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 City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, September 16, 2020, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1. SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019- 1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act. SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday September 16, 2020 to call the election on the annexation for the same date, pursuant to waiver of election time Attachment: PW CFD 2019-1 Annex 6 - Att 1. Reso of Intention (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Packet Pg. 633 20.a Resolution No. 2020-186 limits from the landowners, the 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 in substantially the form set forth in Exhibit G hereto. 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. 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 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 12. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Attachment: PW CFD 2019-1 Annex 6 - Att 1. Reso of Intention (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Packet Pg. 634 20.a Resolution No. 2020-186 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Attachment: PW CFD 2019-1 Annex 6 - Att 1. Reso of Intention (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Packet Pg. 635 20.b EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the ÐCFD No. 2019-1Ñ) Annexation No. 6 is currently comprised of one parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APN). APN Owner Name 0147-114-01 San Bernardino Medical Center LLC Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex A Description of Territory (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 Packet Pg. 636 20.c 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 ÐAdministrative Expenses,Ñ 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. Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex B Description of Services (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 Packet Pg. 637 20.d EXHIBIT C RATEANDMETHODOFAPPORTIONMENTOFSPECIALTAXFOR COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) OFTHECITYOFSANBERNARDINO ASpecialTax(theͻ{ƦĻĭźğƌğǣͼΜshallbeleviedonandcollectedfromeach!ƭƭĻƭƭƚƩ͸ƭParcel(defined below)inCommunityFacilitiesDistrictNo.20191(MaintenanceServices)(theͻ/C5No.2019Њͼor ͻ/C5ͼͳdefinedbelow),ineachFiscalYear,(definedbelow),commencingintheFiscalYearbeginningJuly 1,2019,inanamountdeterminedbytheCityCounciloftheCityofSanBernardino,actinginitscapacity asthelegislativebodyofCFDNo.20191,byapplyingtherateandmethodofapportionmentsetforth below.AlloftherealpropertyinCFDNo.20191,unlessexemptedbylaworbytheprovisionsherein, shallbetaxedtotheextentandinthemannerprovidedherein. A. DEFINITIONS ͻ!ĭƩĻͼ or ͻ!ĭƩĻğŭĻͼ meansthelandareaofan!ƭƭĻƭƭƚƩ͸ƭParcelasshownonany!ƭƭĻƭƭƚƩ͸ƭParcel Map,orifthelandareaisnotshownonthe!ƭƭĻƭƭƚƩ͸ƭParcelMap,thelandareaasshownonthe applicableFinalMap,oriftheareaisnotshownontheapplicableFinalMap,thelandareashallbe calculatedbytheAdministrator. ͻ!ķƒźƓźƭƷƩğƷźǝĻ9ǣƦĻƓƭĻƭͼ meanstheactualorreasonablyestimatedcostsdirectlyrelatedtothe formation,annexation,andadministrationofCFDNo.20191including,butnotlimitedto:thecosts ofcomputingtheSpecialTaxesandpreparingtheannualSpecialTaxcollectionschedules(whether bytheCityordesigneethereoforboth);thecoststotheCity,CFDNo.20191,oranydesigneethereof associatedwithfulfillingtheCFDNo.20191disclosurerequirements;thecostsassociatedwith respondingtopublicinquiriesregardingtheSpecialTaxes;thecostsoftheCity,CFDNo.20191or anydesigneethereofrelatedtoanappealoftheSpecialTax;andtheCity'sannualadministrationfees includingpaymentofaproportionalshareofsalariesandbenefitsofanyCityemployeesandCity overheadwhosedutiesarerelatedtotheadministrationandthirdpartyexpenses.Administrative ExpensesshallalsoincludeamountsestimatedoradvancedbytheCityorCFDNo.20191forany otheradministrativepurposesofCFDNo.20191,includingattorney'sfeesandothercostsrelatedto commencingandpursuingtocompletionanyforeclosureofdelinquentSpecialTaxes. ͻ!ķƒźƓźƭƷƩğƷƚƩͼ meanstheCityManageroftheCityofSanBernardino,orhisorherdesignee. ͻ!ƦƦƩƚǝĻķtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertythatareincludedinaFinal MapthatwasrecordedpriortotheMarch1precedingtheFiscalYearinwhichtheSpecialTaxisbeing levied,andthathavenotbeenissuedabuildingpermitonorpriortotheMarch1precedingtheFiscal yearinwhichthespecialtaxisbeinglevied. ͻ!ƭƭĻƭƭƚƩ͸ƭtğƩĭĻƌͼ meansalotorparceloflandthatisidentifiablebyan!ƭƭĻƭƭƚƩ͸ƭParcelNumber bytheCountyAssessoroftheCountyofSanBernardino. ͻ!ƭƭĻƭƭƚƩ͸ƭParcelağƦͼ meansanofficialmapoftheAssessoroftheCountydesignatingparcelsby !ƭƭĻƭƭƚƩ͸ƭParcelNumber. ͻ!ƭƭĻƭƭƚƩ͸ƭParcelbǒƒĬĻƩͼ meansthatidentificationnumberassignedtoaparcelbytheCounty AssessoroftheCounty. Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino1 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 638 20.d ͻ.ǒźƌķźƓŭSquareCƚƚƷğŭĻͼ or ͻ.{Cͼ meansthefloorareasquarefootagereflectedontheoriginal constructionbuildingpermitissuedforconstructionofabuildingofNonResidentialPropertyandany BuildingSquareFootagesubsequentlyaddedtoabuildingofsuchTaxablePropertyafterissuanceof abuildingpermitforexpansionorrenovationofsuchbuilding. ͻ/ğƌĻƓķğƩ—ĻğƩͼ meanstheperiodcommencingJanuary1ofanyyearandendingthefollowing December31. ͻ/C5ͼ or ͻ/C5No.2019Њͼ meanstheCityofSanBernardinoCommunityFacilitiesDistrictNo.2019 1(MaintenanceServices). ͻ/źƷǤͼ meanstheCityofSanBernardino. ͻ/ƚƓƷźƓŭĻƓƷSpecialTaxBwĻƨǒźƩĻƒĻƓƷͼ meansthatamountrequiredinanyFiscalYear,ifthePOA isunabletomaintaintheService(s)to:(i)paythecostsofServicesincurredorotherwisepayablein theCalendarYearcommencinginsuchFiscalYear;(ii)fundanoperatingreserveforthecosts ofServicesasdeterminedbytheAdministrator;lessacreditforfundsavailabletoreducetheannual SpecialTaxB(Contingent)levyasdeterminedbytheAdministrator. ͻ/ƚǒƓƷǤͼ meanstheCountyofSanBernardino. ͻ5ĻǝĻƌƚƦĻķtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertyforwhichabuildingpermit fornewconstructionhasbeenissuedonorpriortoMarch1precedingtheFiscalYearinwhichthe SpecialTaxisbeinglevied. ͻ9ǣĻƒƦƷtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩƭ͸ParcelsdesignatedasbeingexemptfromtheSpecialTaxas providedforinSectionG. ͻCźƓğƌağƦͼ meansasubdivisionofpropertybyrecordationofafinalmap,parcelmap,orlotline adjustment,pursuanttotheSubdivisionMapAct(CaliforniaGovernmentCodeSection66410etseq.) orrecordationofacondominiumplanpursuanttoCaliforniaCivilCode1352thatcreatesindividual lotsforwhichbuildingpermitsmaybeissuedwithoutfurthersubdivision. st ͻCźƭĭğƌ—ĻğƩͼ means theperiodfromandincludingJuly1ofanyyeartoandincludingthefollowing th June30 . ͻ\[ğƓķUse/ğƷĻŭƚƩǤͼ or ͻ\[ /ͼ meansanyofthecategoriescontainedinSectionBhereoftowhichan !ƭƭĻƭƭƚƩ͸ƭParcelisassignedconsistentwiththelanduseapprovalsthathavebeenreceivedor proposedforthe!ƭƭĻƭƭƚƩ͸ƭParcelasofMarch1precedingtheFiscalYearinwhichtheSpecialTaxis beinglevied. ͻağǣźƒǒƒSpecialğǣͼ meanseitherMaximumSpecialTaxAand/orMaximumSpecialTaxB (Contingent),asapplicable. ͻağǣźƒǒƒSpecialTax!ͼ meanstheMaximumSpecialTaxA,asdeterminedinaccordancewith SectionCbelowthatcanbeleviedinanyFiscalYearonanyAssessor'sParcelofTaxableProperty withinCFDNo.20191. Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino2 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 639 20.d ͻağǣźƒǒƒSpecialTaxBΛ/ƚƓƷźƓŭĻƓƷΜͼ meanstheMaximumSpecialTaxB(Contingent),as determinedinaccordancewithSectionCbelowthatcanbeleviedinanyFiscalYearonanyAssessor's ParcelofTaxablePropertywithinCFDNo.20191. ͻaǒƌƷźFamilyResidentialtƩƚƦĻƩƷǤͼ or ͻaCwͼ meansany!ƭƭĻƭƭƚƩ͸ƭParcelofresidentialproperty thatconsistsofabuildingorbuildingscomprisedofattachedResidentialUnitssharingatleastone commonwallwithanotherunit. ͻbƚƓResidentialtƩƚƦĻƩƷǤͼ or ͻbwͼ meansallAssessor'sParcelsofTaxablePropertyforwhicha buildingpermit(s)wasissuedforanonresidentialuse.TheAdministratorshallmakethe determinationifan!ƭƭĻƭƭƚƩ͸ƭParcelisNonResidentialProperty. ͻtƩƚƦĻƩƷǤhǞƓĻƩ͸ƭ!ƭƭƚĭźğƷźƚƓͼ or ͻth!ͼ meansthepropertyƚǞƓĻƩ͸ƭassociationorŷƚƒĻƚǞƓĻƩ͸ƭ associationestablishedtomaintaincertainlandscapingwithinaTaxZone. ͻtƩƚƦƚƩƷźƚƓğƷĻƌǤͼ meansforTaxablePropertythatis:(i)DevelopedProperty,thattheratioofthe actualSpecialTaxlevytotheMaximumSpecialTaxisthesameforallParcelsofDevelopedProperty withthesameTaxZone,(ii)ApprovedProperty,thattheratiooftheactualSpecialTaxlevytothe MaximumSpecialTaxisthesameforallParcelsofApprovedPropertywiththesameTaxZone,and (iii)UndevelopedPropertythattheratiooftheactualSpecialTaxlevyperacretotheMaximum SpecialTaxperacreisthesameforallParcelsofUndevelopedPropertywiththesameTaxZone. ͻwĻƭźķĻƓƷźğƌ ƓźƷͼ or"RU"meansaresidentialunitthatisusedorintendedtobeusedasadomicile byoneormorepersons,asdeterminedbytheAdministrator. ͻwĻƭźķĻƓƷźğƌtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertyuponwhichcompleted ResidentialUnitshavebeenconstructedorforwhichbuildingpermitshavebeenormaybeissuedfor purposesofconstructingoneormoreResidentialUnits. ͻ{ĻƩǝźĭĻΛƭΜͼ meansservicespermittedundertheMelloRoosCommunityFacilitiesActof1982 including,withoutlimitation,thoseservicesauthorizedtobefundedbyCFDNo.20191assetforth inthedocumentsadoptedbytheCityCouncilatthetimetheCFDwasformed. ͻ{źƓŭƌĻFamily ResidentialtƩƚƦĻƩƷǤͼ or ͻ{Cwͼ meansanyresidentialpropertyotherthanMultiFamily ResidentialPropertyonan!ƭƭĻƭƭƚƩ͸ƭParcel. ͻ{ƦĻĭźğƌğǣΛĻƭΜͼ meanstheSpecialTaxAand/orSpecialTaxB(Contingent)tobeleviedineachFiscal Yearoneach!ƭƭĻƭƭƚƩ͸ƭParcelofTaxableProperty. ͻ{ƦĻĭźğƌTax!ͼ meanstheannualspecialtaxtobeleviedineachFiscalYearoneach!ƭƭĻƭƭƚƩ͸ƭParcel ofTaxablePropertytofundtheSpecialTaxARequirement. "SpecialTaxARequirement"meansforeachTaxZone,thatamounttobecollectedinanyFiscalYear topayforcertaincostsasrequiredtomeettheneedsforsuchTaxZoneofCFDNo.20191inboth thecurrentFiscalYearandthenextFiscalYear.Thecoststobecoveredshallbethedirectcostsfor maintenanceservicesincludingbutnotlimitedto(i)maintenanceandlightingofparks,parkways, streets,roadsandopenspace,(ii)maintenanceandoperationofwaterqualityimprovements,(iii) publicstreetsweeping,(iv)fundanoperatingreserveforthecostsofServicesasdeterminedbythe Administrator,and(v)AdministrativeExpenses.UndernocircumstancesshalltheSpecialTaxA RequirementincludefundsforBonds. Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino3 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 640 20.d ͻ{ƦĻĭźğƌTaxBΛ/ƚƓƷźƓŭĻƓƷΜͼ meanstheSpecialTaxB(Contingent)tobeleviedineachFiscalYearon each!ƭƭĻƭƭƚƩ͸ƭParcelofTaxablePropertytofundtheContingentSpecialTaxBRequirement,if required. "TaxableProperty"meansall!ƭƭĻƭƭƚƩ͸ƭParcelswithinCFDNo.20191,whicharenotExempt Property. ͻğǣğĬƌĻ ƓźƷͼ meansaResidentialUnit,BuildingSquareFootage,oranAcre. "TaxZone"meansamutuallyexclusivegeographicarea,withinwhichparticularSpecialTaxratesmay beleviedpursuanttothisRateandMethodofApportionmentofSpecialTax.AppendixCidentifies theTaxZoneinCFDNo.20191atformation;additionalTaxZonesmaybecreatedwhenpropertyis annexedintotheCFD. "TaxZone1"meansthespecificgeographicareaidentifiedontheCFDBoundaryMapasTaxZone1. "Tract(s)"meansanareaofland;i)withinasubdivisionidentifiedbyaparticulartractnumberona FinalMap,ii)identifiedwithinaParcelMap;oriii)identifiedwithinlotlineadjustmentapprovedfor subdivision. ͻ ƓķĻǝĻƌƚƦĻķtƩƚƦĻƩƷǤͼ means,foreachFiscalYear,allTaxablePropertynotclassifiedasDeveloped PropertyorApprovedProperty. B. ASSIGNMENTTOLANDUSECATEGORIES ForeachFiscalYear,all!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxablePropertywithinCFDNo.20191shallbeclassified asDevelopedProperty,ApprovedProperty,orUndevelopedProperty,andshallbesubjecttothelevy ofSpecialTaxesasdeterminedpursuanttoSectionsCandDbelow.!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertyandApprovedPropertyshallbeclassifiedaseitherResidentialPropertyorNonResidential Property.ResidentialPropertyshallbefurtherclassifiedasSingleFamilyResidentialPropertyor MultiFamilyResidentialPropertyandthenumberofResidentialUnitsshallbedeterminedbythe Administrator. C. MAXIMUMSPECIALTAXRATES ForpurposesofdeterminingtheapplicableMaximumSpecialTaxfor!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertyandApprovedPropertywhichareclassifiedasResidentialProperty,allsuch!ƭƭĻƭƭƚƩ͸ƭ ParcelsshallbeassignedthenumberofResidentialUnit(s)constructedortobeconstructedthereon asspecifiedinorshownonthebuildingpermit(s)issuedorFinalMapasdeterminedbythe Administrator.ForParcelsofundevelopedpropertyzonedfordevelopmentofsinglefamilyattached ormultifamilyunits,thenumberofResidentialUnitsshallbedeterminedbyreferencingthe condominiumplan,apartmentplan,siteplanorotherdevelopmentplan,orbyassigningthe maximumallowableunitspermittedbasedontheunderlyingzoningfortheParcel.Onceasingle familyattachedormultifamilybuildingorbuildingshavebeenbuiltonanAssessor'sParcel,the AdministratorshalldeterminetheactualnumberofResidentialUnitscontainedwithinthebuilding orbuildings,andtheSpecialTaxAleviedagainsttheParcelinthenextFiscalYearshallbecalculated bymultiplyingtheactualnumberofResidentialUnitsbytheMaximumSpecialTaxperResidential UnitidentifiedfortheTractbeloworasincludedinAppendixAaseachAnnexationoccurs. ForpurposesofdeterminingtheapplicableMaximumSpecialTaxfor!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertyandApprovedPropertywhichareclassifiedasNonResidentialProperty,allsuch!ƭƭĻƭƭƚƩ͸ƭ Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino4 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 641 20.d ParcelsshallbeassignedthenumberofBuildingSquareFootageorAcresasshownontheFinalMap asdeterminedbytheAdministrator.OncetheAdministratordeterminestheactualnumberof BuildingSquareFootageorAcresforthe!ƭƭĻƭƭƚƩ͸ƭParcels,theSpecialTaxAleviedagainstthe !ƭƭĻƭƭƚƩ͸ƭParcelinthenextFiscalYearshallbecalculatedbymultiplyingthenumberofBuilding SquareFootageorAcresbytheMaximumSpecialTaxperTaxableUnitidentifiedfortheTaxZone beloworasincludedinAppendixAaseachAnnexationoccurs. 1.SpecialTaxA a.DevelopedProperty (i)MaximumSpecialTaxA TheMaximumSpecialTaxAforeach!ƭƭĻƭƭƚƩ͸ƭParcelofDevelopedPropertyshallbespecific toeachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.20191, therateandmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTax AfortheTaxZonesannexedandincludedinAppendixA.TheMaximumSpecialTaxAfor DevelopedPropertyforFiscalYear20192020withinTaxZone1isidentifiedinTable1below: TABLE1 MAXIMUMSPECIALTAXARATES DEVELOPEDPROPERTY TaxTaxableMaximum ZoneTractLandUseCategoryUnitSpecialTaxA 1TR17170SingleFamilyResidentialPropertyRU$961 (ii)IncreaseintheMaximumSpecialTaxA OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforDeveloped Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems) forLosAngelesRiversideOrangeCounty(198284=100)sincethebeginningofthe precedingFiscalYear,orii)bytwopercent(2.0%),whicheverisgreater. (iii)MultipleLandUseCategories InsomeinstancesanAssessor'sParcelofDevelopedPropertymaycontainmorethanone LandUseCategory.TheMaximumSpecialTaxAthatcanbeleviedonanAssessor'sParcel shallbethesumoftheMaximumSpecialTaxAthatcanbeleviedforeachLandUseCategory locatedonthatAssessor'sParcel.ForanAssessor'sParcelthatcontainsmorethanoneland use,theAcreageofsuchAssessor'sParcelshallbeallocatedtoeachtypeofpropertybased ontheamountofAcreagedesignatedforeachlanduseasdeterminedbyreferencetothe siteplanapprovedforsuchAssessor'sParcel.TheAdministrator'sallocationtoeachtypeof propertyshallbefinal. b.ApprovedProperty TheMaximumSpecialTaxAforeach!ƭƭĻƭƭƚƩ͸ƭParcelofApprovedPropertyshallbespecificto eachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.20191,therate andmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTaxAforthe TaxZoneannexedandincludedinAppendixA.TheMaximumSpecialTaxAforApprovedproperty FiscalYear201920withinTaxZone1isidentifiedinTable2below: Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino5 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 642 20.d TABLE2 MAXIMUMSPECIALTAXARATES APPROVEDPROPERTY TaxTaxableMaximum ZoneTractLandUseCategoryUnitSpecialTaxA 1TR17170SingleFamilyResidentialRU$961 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforApprovedProperty shallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLosAngeles RiversideOrangeCounty(198284=100)sincethebeginningoftheprecedingFiscalYear,orii) bytwopercent(2.0%),whicheverisgreater. c.UndevelopedProperty TheMaximumSpecialTaxAforeach!ƭƭĻƭƭƚƩ͸ƭParcelofUndevelopedPropertyshallbespecific toeachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.20191,the rateandmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTaxAfor theTaxZoneannexedandincludedinAppendixA.TheMaximumSpecialTaxAforUndeveloped PropertyforFiscalYear201920withinTaxZone1isidentifiedinTable3below: TABLE3 MAXIMUMSPECIALTAXARATES UNDEVELOPEDPROPERTY TaxZoneTractsTaxableUnitMaximumSpecialTaxA 1TR17170Acre$4,338 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforUndevelopedProperty shallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLosAngeles RiversideOrangeCounty(198284=100)sincethebeginningoftheprecedingFiscalYear,orii) bytwopercent(2.0%),whicheverisgreater. 2.SpecialTaxB(Contingent) TheCityCouncilshalllevySpecialTaxB(Contingent)onlyintheeventthePOAdefaultsinitsbligation tomaintaintheContingentServices,whichdefaultshallbedeemedtohaveoccurred,asdetermined bytheAdministrator,ineachofthefollowingcircumstances: (a)ThePOAfilesforbankruptcy; (b)ThePOAisdissolved; (c)ThePOAceasestolevyannualassessmentsfortheContingentServices;or (d)ThePOAfailstoprovidetheContingentServicesatthesamelevelastheCityprovidessimilar servicesandmaintainssimilarimprovementsthroughouttheCityandwithinninety(90)days afterwrittennoticefromtheCity,orsuchlongerperiodpermittedbytheCityManager,fails toremedythedeficiencytothereasonablesatisfactionoftheCityCouncil. a.DevelopedProperty (i)MaximumSpecialTaxB(Contingent) Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino6 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 643 20.d TheMaximumSpecialTaxB(Contingent)foreach!ƭƭĻƭƭƚƩ͸ƭParcelofTaxablePropertyis showninTable4andshallbespecifictoeachTaxZonewithintheCFD.Whenadditional propertyisannexedintoCFDNo.20191,therateandmethodadoptedfortheannexed propertyshallreflecttheMaximumSpecialTaxB(Contingent)foreachTaxZonesannexed andincludedinAppendixA.TheMaximumSpecialTaxB(Contingent)forFiscalYear201920 withinTaxZone1isidentifiedinTable4below: TABLE4 MAXIMUMSPECIALTAXB(CONTINGENT)RATES DEVELOPEDPROPERTY TaxTaxableMaximumSpecial ZoneTractLandUseCategoryUnitTaxB(Contingent) 1TR17170SingleFamilyResidentialPropertyRU$0 (ii)IncreaseintheMaximumSpecialTaxB(Contingent) OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)for DevelopedPropertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex (AllItems)forLosAngelesRiversideOrangeCounty(198284=100)sincethebeginningof theprecedingFiscalYear,orii)bytwopercent(2.0%),whicheverisgreater. (iii)MultipleLandUseCategories InsomeinstancesanAssessor'sParcelofDevelopedPropertymaycontainmorethanone LandUseCategory.TheMaximumSpecialTaxB(Contingent)thatcanbeleviedonan Assessor'sParcelshallbethesumoftheMaximumSpecialTaxB(Contingent)thatcanbe leviedforeachLandUseCategorylocatedonthatAssessor'sParcel.ForanAssessor'sParcel thatcontainsmorethanonelanduse,theAcreageofsuchAssessor'sParcelshallbeallocated toeachtypeofpropertybasedontheamountofAcreagedesignatedforeachlanduseas determinedbyreferencetothesiteplanapprovedforsuchAssessor'sParcel.The Administrator'sallocationtoeachtypeofpropertyshallbefinal. b.ApprovedProperty TheMaximumSpecialTaxB(Contingent)foreach!ƭƭĻƭƭƚƩ͸ƭParcelofTaxablePropertyisshown inTable5andshallbespecifictoeachTaxZonewithintheCFD.Whenadditionalpropertyis annexedintoCFDNo.20191,therateandmethodadoptedfortheannexedpropertyshallreflect theMaximumSpecialTaxB(Contingent)fortheTaxZoneannexedandincludedinAppendixA. TheMaximumSpecialTaxB(Contingent)forFiscalYear201920withintheTaxZoneisidentified inTable5below: TABLE5 MAXIMUMSPECIALTAXB(CONTINGENT)RATES APPROVEDPROPERTY TaxTaxableMaximumSpecial ZoneTractLandUseCategoryUnitTaxB(Contingent) 1TR17170SingleFamilyResidentialPropertyRU$0 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)forApproved Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)for Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino7 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 644 20.d LosAngelesRiversideOrangeCounty(198284=100)sincethebeginningofthepreceding FiscalYear,orii)bytwopercent(2.0%),whicheverisgreater. c.UndevelopedProperty TheMaximumSpecialTaxB(Contingent)foreach!ƭƭĻƭƭƚƩ͸ƭParcelofTaxablePropertyisshown inTable6andshallbespecifictoeachTaxZonewithintheCFD.Whenadditionalpropertyis annexedintoCFDNo.20191,therateandmethodadoptedfortheannexedpropertyshallreflect theMaximumSpecialTaxB(Contingent)fortheTaxZoneannexedandincludedinAppendixA. TheMaximumSpecialTaxB(Contingent)forFiscalYear201920withintheTaxZoneisidentified inTable6below: TABLE6 MAXIMUMSPECIALTAXB(CONTINGENT)RATES UNDEVELOPEDPROPERTY TaxZoneMaximumSpecial TractsTaxableUnitTaxB(Contingent) 1TR17170Acre$0 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)forUndeveloped Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLos AngelesRiversideOrangeCounty(198284=100)sincethebeginningoftheprecedingFiscalYear, orii)bytwopercent(2.0%),whicheverisgreater. D. METHODOFAPPORTIONMENTOFANNUALSPECIALTAX 1.SpecialTaxA CommencingwithFiscalYear201920andforeachfollowingFiscalYear,theCouncilshalldetermine theSpecialTaxARequirementandshalllevytheSpecialTaxAonall!ƭƭĻƭƭƚƩ͸ƭParcelsofTaxable PropertyuntiltheaggregateamountofSpecialTaxAequalstheSpecialTaxARequirementforeach TaxZone.TheSpecialTaxAshallbeleviedforeachFiscalYearasfollows: First:TheSpecialTaxAshallbeleviedProportionatelyonall!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertywithineachTaxZoneupto100%oftheapplicableMaximumSpecialTaxtosatisfytheSpecial TaxARequirementforsuchTaxZone; Second:IfadditionalmoneysareneededtosatisfytheSpecialTaxARequirementforaTaxZone afterthefirststephasbeencompleted,theSpecialTaxAshallbeleviedProportionatelyoneach ParcelofApprovedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecialTaxAfor ApprovedProperty; Third:IfadditionalmoniesareneededtosatisfytheSpecialTaxARequirementforaTaxZone afterthefirsttwostepshasbeencompleted,theSpecialTaxAshallbeleviedProportionatelyonall !ƭƭĻƭƭƚƩ͸ƭParcelsofUndevelopedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecial TaxAforUndevelopedProperty. 2.SpecialTaxB(Contingent) CommencingwithFiscalYearinwhichSpecialTaxB(Contingent)isauthorizedtobeleviedandfor eachfollowingFiscalYear,theCityCouncilshalldeterminetheContingentSpecialTaxB(Contingent) RequirementforeachTaxZone,ifany,andshalllevytheSpecialTaxonall!ƭƭĻƭƭƚƩ͸ƭParcelsof Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino8 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 645 20.d TaxablePropertywithinsuchTaxZoneuntiltheaggregateamountofSpecialTaxB(Contingent)equals theSpecialTaxB(Contingent)RequirementforsuchTaxZone.TheSpecialTaxB(Contingent)Shall beleviedforeachFiscalYearasfollows: First:TheSpecialTaxshallbeleviedProportionatelyonall!ƭƭĻƭƭƚƩ͸ƭParcelsofDeveloped PropertyforaTaxZoneupto100%oftheapplicableMaximumSpecialTaxB(Contingent)tosatisfy theContingentSpecialTaxBRequirement; Second:IfadditionalmoneysareneededtosatisfytheContingentSpecialTaxBRequirementafter thefirststephasbeencompleted,theSpecialTaxB(Contingent)shallbeleviedProportionatelyon eachParcelofApprovedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecialTaxB (Contingent)forApprovedProperty; Third:IfadditionalmoniesareneededtosatisfytheContingentSpecialTaxBRequirementafter thefirsttwostepshasbeencompleted,theSpecialTaxB(Contingent)shallbeleviedProportionately onall!ƭƭĻƭƭƚƩ͸ƭParcelsofUndevelopedPropertywithinsuchTaxZoneupto100%oftheMaximum SpecialTaxB(Contingent)forUndevelopedProperty. E. FUTUREANNEXATIONS ItisanticipatedthatadditionalpropertieswillbeannexedtoCFDNo.20191fromtimetotime.As eachannexationisproposed,ananalysiswillbepreparedtodeterminetheannualcostforproviding Services.Basedonthisanalysis,thepropertytobeannexed,pursuanttoCaliforniaGovernmentCode section53339etseq.willbeassignedtotheappropriateMaximumSpecialTaxratefortheTaxZone whenannexedandincludedinAppendixA. F. DURATIONOFSPECIALTAX ForeachFiscalYear,theSpecialTaxAshallbeleviedaslongastheServicesarebeingprovided. ForeachFiscalYear,theSpecialTaxB(Contingent)shallbeleviedaslongastheContingentServices arebeingprovided. G. EXEMPTIONS TheCityshallclassifyasExemptPropertywithinCFDNo.20191,any!ƭƭĻƭƭƚƩ͸ƭParcels;(i)whichare ownedby,irrevocablyofferedfordedication,encumberedbyorrestrictedinusebyanypublicentity; (ii)withpublicorutilityeasementsmakingimpracticaltheirutilizationforotherthanthepurposesset forthintheeasement;(iii)whichareprivatelyownedbutareencumberedbyorrestrictedsolelyfor publicuses;or(iv)whichisinuseintheperformanceofapublicfunctionasdeterminedbythe Administrator. H. APPEALS AnypropertyownerclaimingthattheamountorapplicationoftheSpecialTaxesarenotcorrectmay fileawrittennoticeofappealwiththeCitynotlaterthantwelvemonthsafterhavingpaidthefirst installmentoftheSpecialTaxthatisdisputed.Arepresentative(s)ofCFDNo.20191shallpromptly reviewtheappeal,andifnecessary,meetwiththepropertyowner,considerwrittenandoralevidence regardingtheamountoftheSpecialTax,andruleontheappeal.IftheƩĻƦƩĻƭĻƓƷğƷźǝĻ͸ƭdecision requiresthattheSpecialTaxforan!ƭƭĻƭƭƚƩ͸ƭParcelbemodifiedorchangedinfavoroftheproperty owner,acashrefundshallnotbemade,butanadjustmentshallbemadetotheSpecialTaxonthat !ƭƭĻƭƭƚƩ͸ƭParcelinthesubsequentFiscalYear(s). Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino9 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 646 20.d I. MANNEROFCOLLECTION TheSpecialTaxshallbecollectedinthesamemannerandatthesametimeasordinaryadvalorem propertytaxes,provided,however,thatCFDNo.20191maycollecttheSpecialTaxatadifferenttime orinadifferentmannerifnecessarytomeetitsfinancialobligations. Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino10 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 647 20.d APPENDIXA CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) COSTESTIMATE SpecialTaxAServices Theestimatebreaksdownthecostsofprovidingoneyear'smaintenance servicesforFiscalYear202021.TheseservicesarebeingfundedbythelevyofSpecialTaxAfor CommunityFacilitiesDistrictNo.20191. TAXZONE7 PM20112 ItemDescriptionEstimatedCost 1Landscaping$1,809 2Lighting$100 3Streets$2,100 4Drainage$589 5Reserves$209 6Admin$500 Total$5,307 SpecialTaxBContingentServices ΑTherearenoservicesbeingfundedbythelevyofSpecialTax B(Contingent)forCommunityFacilitiesDistrictNo.20191.However,additionalTaxZonesmay haveSpecialTaxBContingentServicesbeingprovided. FY202021MAXIMUMSPECIALTAXRATESASSIGNEDTOEACHTAXZONE FORDEVELOPEDPROPERTYANDAPPROVEDPROPERTY FiscalNo.ofMaximumMaximum TaxYearTract/TaxableTaxableLandUseSpecialTaxSpecialTaxB ZoneIncludedAPNUnitsUnitCategoryA(Contingent)Subdivider SanBernardino 7202021PM201121.66AcreNR$3,197$0 MedicalCenterLLC UNDEVELOPEDPROPERTY TheMaximumSpecialTaxAforTaxZone7forUndevelopedPropertyforFiscalYear202021is $3,197peracre. ESCALATIONOFMAXIMUMSPECIALTAXES OneachJuly1,commencingonJuly1,2021theMaximumSpecialTaxshallincreasebyi)the percentageincreaseintheConsumerPriceIndex(AllItems)forLosAngelesRiversideOrange County(198284=100)sincethebeginningoftheprecedingFiscalYear,orii)bytwopercent (2.0%),whicheverisgreater. Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino11 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 648 20.d TAXZONESUMMARY No.of TaxFiscalTract/TaxableTaxableLandUseMaximumMaximum AnnexZoneYearAPNUnitsUnitCategorySpecialTaxASpecialTaxBSubdivider Original12019201717027RUSFR$961$0SantiagoCommunities,Inc. 122019201732974RUSFR$473$0JECEnterprises,Inc. 23202021PM1981455.57AcreNR$608$0GWS#4Development,LLC 342019200266041392.50AcreNR$1,136$0DevoreStorageFacility,LLC 45202021TR20006119RUSFR$344$50THRanchoPalma,LLC 56202021PM197017.42AcreNR$1,895$387StrataPalma,LLC SanBernardinoMedical 67202021PM201121.66AcreNR$3,197$0 CenterLLC ESCALATIONOFMAXIMUMSPECIALTAXES OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxshallincreasebyi)the percentageincreaseintheConsumerPriceIndex(AllItems)forLosAngelesRiversideOrange County(198284=100)sincethebeginningoftheprecedingFiscalYear,orii)bytwopercent (2.0%),whicheverisgreater. Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino12 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 649 20.d APPENDIXB CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) DESCRIPTIONOFAUTHORIZEDSERVICES TheserviceswhichmaybefundedwithproceedsofthespecialtaxofCFDNo.20191,asprovidedby Section53313oftheAct,willincludeallcostsattributabletomaintaining,servicing,cleaning,repairing and/orreplacinglandscapedareas(mayincludereservesforreplacement)inpublicstreetrightofways, publiclandscaping,publicopenspacesandothersimilarlandscapedareasofficiallydedicatedforpublic use.Theseservicesincludingthefollowing: (a)maintenanceandlightingofparks,parkways,streets,roadsandopenspace,which maintenanceandlightingservicesmayinclude,withoutlimitation,furnishingofelectricalpowertostreet lightsandtrafficsignals;repairandreplacementofdamagedorinoperativelightbulbs,fixturesand standards;maintenance(includingirrigationandreplacement)oflandscapingvegetationsituatedonor adjacenttoparks,parkways,streets,roadsandopenspace;maintenanceandrepairofirrigationfacilities; maintenanceofpublicsignage;graffitiremovalfromandmaintenanceandrepairofpublicstructures situatedonparks,parkways,streets,roadsandopenspace;maintenanceandrepairofplaygroundor recreationprogramequipmentorfacilitiessituatedonanypark;and (b)maintenanceandoperationofwaterqualityimprovementswhichincludestormdrainage andfloodprotectionfacilities,including,withoutlimitation,drainageinlets,catchbasininserts,infiltration basins,floodcontrolchannels,fossilfuelfilters,andsimilarfacilities.Maintenanceservicesmayinclude butisnotlimitedtotherepair,removalorreplacementofallorpartofanyofthewaterquality improvements,fossilfuelfilterswithinthepublicrightofwayincludingtheremovalofpetroleum hydrocarbonsandotherpollutantsfromwaterrunoff,orappurtenantfacilities,clearingofinletsand outlets;erosionrepairs;andcleanuptoimprovements,andotheritemsnecessaryforthemaintenance, servicing;orbothofthewaterqualitybasinimprovementswithinfloodcontrolchannelimprovements; and (c)publicstreetsweeping,onthesegmentsofthearterialswithintheboundariesofCFDNo. 20191;aswellaslocalroadswithinresidentialsubdivisionslocatedwithinCFDNo.20191;andany portionsadjacenttothepropertieswithinCFDNo.20191;and Inadditiontopaymentofthecostandexpenseoftheforgoingservices,proceedsofthespecialtaxmay beexpendedtopayͻ!ķƒźƓźƭƷƩğƷźǝĻ9ǣƦĻƓƭĻƭͲͼassaidtermisdefinedintheRateandMethodof Apportionment. TheaboveservicesshallbelimitedtothoseprovidedwithintheboundariesofCFDNo.20191orforthe benefitofthepropertieswithintheboundariesofCFDNo.20191,astheboundaryisexpandedfromtime totimebyanticipatedannexations,andsaidservicesmaybefinancedbyproceedsofthespecialtaxof CFDNo.20191onlytotheextentthattheyareinadditiontothoseprovidedintheterritoryofCFDNo. 20191beforeCFDNo.20191wascreated. Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino13 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 650 20.d APPENDIXC CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) PROPOSEDBOUNDARIESANDPOTENTIALANNEXATIONAREABOUNDARIES Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex C RMA (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) CityofSanBernardino14 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 651 Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex D Boundary Maps (6825 : Declaring Intent to Annex 20.e Packet Pg. 652 ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARY 7 TAX ZONE XXXX-XXX-XX ASSESSOR PARCEL NUMBER 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. RD RO SDNIW . THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2020 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 SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTON ASSESSOR-RECORDER-CLERK COUNTY OF SAN BERNARDINO BY:________________________________ DEPUTY RECORDER Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex D Boundary Maps (6825 : Declaring Intent to Annex 20.e Packet Pg. 653 20.f PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1.The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the ÐActÑ) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the ÐCommunity Facilities DistrictÑ) 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. 6.The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex E Petition (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) Packet Pg. 654 20.f Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex E Petition (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) Packet Pg. 655 20.f Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex E Petition (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) Packet Pg. 656 Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex E Petition (6825 : Declaring Intent to Annex Territory: CFD 20.f Packet Pg. 657 20.f Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex E Petition (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services) Packet Pg. 658 . F . S 0 0 5 , 5 BUILDING 'B' 20.g EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 6) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on August 5, 2020, adopted its Resolution No. 2020-___, 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 7:00 p.m., or as soon thereafter as practicable, Wednesday, September 16, 2020 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 September 16, 2020 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, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002. DATED: ____________, 2020 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2020 Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex F Notice of Public Hearing (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 Packet Pg. 660 20.h EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 6 (September 16, 2020) 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) (ÐCFD No. 2019-1Ñ) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes San Bernardino Medical Center LLC 1.80 2 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the ÐCouncilÑ) of the City of San Bernardino (the ÐCityÑ), the above-named landowner is entitled to cast the number of votes shown above under the heading ÐTotal Votes,Ñ representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than September 2, 2020, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 16, 2020, at the ClerkÓs office at 201 N. ÐEÑ Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 16, 2020. Very truly yours, Genoveva Rocha, CMC, Acting City Clerk Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex G Special Election Ballot (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 Packet Pg. 661 20.h TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: AssessorÓs Parcel Number(s): San Bernardino Medical Center LLC 0147-114-01 Attn: Brandon Sudweeks 27720 Jefferson Ave, Suite 100B Temecula, CA 92590 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN ÐXÑ OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT MARK ÐYESÑ OR ÐNOÑ SPECIAL TAX BALLOT MEASURE WITH AN ÐXÑ: Shall the City Council of the City of San Bernardino be authorized to YES _________ levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on August 5, 2020 (the ÐResolutionÑ), which is incorporated herein by this NO _________ reference, within the territory identified on the map entitled ÐAnnexation Map No. 6 of Community Facilities District No. 2019-1 (Maintenance Services) City of San BernardinoÑ to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? 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__. San Bernardino Medical Center LLC By: Brandon Sudweeks Owner Signature Print Name Title Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex G Special Election Ballot (6825 : Declaring Intent to Annex Territory: CFD No. 2019-1 Packet Pg. 662 Attachment: PW CFD 2019-1 Annex 6 - Att 2. Project Map (6825 : Declaring Intent to Annex Territory: CFD 20.i Packet Pg. 663 Attachment: PW CFD 2019-1 Annex 6 - Att 3. Maintenance Exhibit (6825 : Declaring Intent to Annex 20.j Packet Pg. 664 LOADING